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THE CONTRACT REVIEW THREAD: Post yours here for a review
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ash530



Joined: 09 Dec 2013

PostPosted: Wed Apr 02, 2014 6:02 pm    Post subject: Reply with quote

I see a couple issues here but I'm not sure if they're deal breakers. I had a good feeling talking with the director and a teacher plus I didn't find anything bad about the school online.


[EMPLOYMENT CONTRACT]

This contract is made on 2014 by and between --- - --- English School, located in Suwon, Korea (hereinafter called the "Employer") and (hereinafter called the "Employee") for the employment , 2014 to , 2015. Both parties agree as follows:

Article 1. Employment
The employer wishes to employ the employee for as an English teacher and the employee agrees to work for the said employer in Korea.
Conditions of Employment
The employee's job description is primarily the following:

A. ESL instructor in any and all phases of the employer's program to classes that range from elementary-aged students to adults.

B. Field activities for and with students

C. Grading and evaluation

D. Attendance at teacher's meetings and workshops

E. Other related activities

Article 2. Period of Employment

The period of this contract is 1year beginning from the date of the employee's first working day at the institute in Korea. It will be , 2014 to , 2015. but This period can be changed according to the circumstances.

Article 3. Salary and Working Hours

a. The employee will teach 30 hours a week. (Monday to Friday including all classes, excluding Korean holidays).

b. Definition of a teaching hour: 50-minute classes count towards “hours” as 60 minutes. 45-minute
classes count as 50 minutes, and 40-minute classes count as 45.

c. The employer will pay a monthly salary of 2.1 Million Korean won. Payment will be made once a month. Payday is the 15th day of month following teaching.

d. Korean Income Tax will be deducted from the employee's salary. Income tax will be deducted from the salary of the employee each month. The tax rate on the above salary is around 5%.

Article 4. Over-time Pay
If the employee teaches more than 120 hours a month, he/she will be paid 18,000 Won per hour



Article 5. Benefits

a) Housing
The employer will arrange furnished accommodation for two people for the period of the contract. The
employee will pay living expenses including electricity, water, gas, oil, phone bills, etc. The employee will be provided a studio apartment that is not shared with other teachers. The apartment will have a private bathroom with a Western toilet.

b) Medical Insurance
As per Korean law, the employer will pay one-half (1/2) of the employee's medical insurance premiums. The other half of the premiums will be deducted from the employee’s salary. Currently, this rate is about 3.00% of gross salary. This rate is set by the Korean government and can change.

c) Flight
The employer will provide a one-way ticket from the employee’s point of origin to Seoul. In case of the employee buys her or his one-way airfare ticket to Korea, the employer will pay for it within 10 days after the employee arrives in Korea. If the employee leaves (or is asked to leave) the institute in the first six months, the employee must pay back the one-way airfare to the employer. The employer will provide a return ticket to the employee from Korea to the employee's point of origin upon successful completion of the one-year contract. In the case the teacher leaves the school after six months before the contract period ends, the employer will not pay for the return ticket.

d) Severance pay
The employee will be given one month’s salary for severance pay upon successful completion of the one-year contract; this amount will be added to your last month’ salary. However, there will be no severance pay on a contract of less than 1 year.

e) Holidays & Vacation
The employee will only be provided with days off for Korean Holidays and not be expected to work during all Korean national holidays. The employee will have two weeks vacation (including the weekend) through a year. The dates of this vacation will be set by the employer. The employer will give the employee at least 60 days notice of the dates of these two weeks holidays so that the employee may make arrangements to travel.
The employee can have paid sick leave for 3 days a year.

f) Pension
As per Korean law, the employer will pay one-half (1/2) of the employee's pension premiums. The other half of the premiums will be deducted from the employee’s salary. Currently, this rate is 4.50% of gross salary. That is, the employer will pay 4.5% of the salary and the employee will also pay 4.5% of the salary as well. This rate is set by the Korean government and can change. The employee will be paid the pension premium after he or she gets back to his or her country. Total amount paid will be decided by the Korean government.

Article 6.
1) School Policies
The following policies have been established to assist instructors in the execution of their duties.

a) Professional dress and grooming in the work place are essential to maintaining the desired reputation of the Institute. The employer shall establish guidelines for professional dress.

b) All instructors must behave in a professional manner during class and when socializing with students outside of class. Instructors should be aware of the cultural background of Korean students and their expectations of teachers.

c) Instructors are required to attend all staff meetings as requested by the Director.
If an instructor must be absent, he must inform the Director or Assistant Director prior to the meeting.

d) Instructors are required to interview new students and evaluate their placement level.

e) If the employee is more than 10 minutes late or is absent without notification, a day or an hour of pay may be deducted.

f) The Employee will prepare adequately for each class. Materials and curricula will be provided by the employer for all classes except “Free Talking” classes. The employee is expected to supplement materials as needed.

g) If the students complain about the methods of instruction, the employer or other teachers will counsel to the Employee as needed.

h) All new teachers in Kim&Lee English School should arrive 3 or 4 days before beginning teaching and should observe senior teachers' classes for at least 2 days before start teaching. For these days (training days), all new teachers will be paid 10,000 won per class.

i) The employee agrees to pay the employer a housing management deposit to cover unpaid monthly service, utility and telephone charges. Such deposit, amounting to 450,000 won and being payable to the employer in three equal installments, will be deducted from the employee's salary during the first three months of employment.

Dependent on a written guarantee from a guarantor acceptable to the employer, the employer agrees that the deposit will be returned, in full, to the employee at the time of completion of the employee's period of employment with the employer, including any period of employment beyond that covered by this agreement. In the absence of such written guarantee, the 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 the employer makes payments covering monthly service, utility, and telephone charges on behalf of the employee, the amount of such payments will be deducted from the deposit and the remainder
of the deposit returned to the employee. The employer agrees that payment of remaining amount of the deposit will be made to the employee within 60 days of the end of the contract period by international bank transfer.

2) Cause for Dismissal
The employer will have the right to dismiss the employee for clear and frequent neglect of duties under this agreement, and:
a) If the employee makes sexual advances toward students or if questionable inter-personal relationships with individual students result in the loss of other students.

b) If many of the employee's students complain about the classes, or if students enrollment falls below the accepted average for three consecutive months.

c) If the Employee teaches at any other Institute or privately without the permission of the Employer.

d) If the employee exhibits persistent blatant and gross misconduct, conducts classes under the influence of intoxicants, or is continually absent from and/or tardy for classes.

Article 7. Governing Law and Jurisdiction
Any dispute arising in connection with this contract will decided by a Korean court of law according to Korean Regulations and Codes. The parties agree to comply with all applicable laws in their execution of the Agreement.
IN WITNESS HERE OF the parties have agreed upon the stipulations above as of the date this Contract.





------------------------ ------------------------
Employer's Signature Employee’s Signature



------------------------ ------------------------
Employer's Name Employee's Name



------------------------ ------------------------
Date Date
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Wilder



Joined: 03 Mar 2014

PostPosted: Wed Apr 02, 2014 8:56 pm    Post subject: Reply with quote

Could someone have a look at this contract for me? Thanks

Employment Contract for Foreign English Instructor
외국인 강사 고용 계약서

This Contract is made and entered into by and between
본계약은

Employer / 고용주 :

School Name / 이름 :

Address Republic of Korea
Hereafter-called “Employer” / (이하 “갑”이라 칭함)

And

English Instructor / 외국인 강사

Instructor Name / 이름 :

Nationality / 국적 :

Passport No / 여권번호 :

Resister Address / 본적지 :

Hereafter-Called “Employee” / (이하 “을”이라 칭함)

사이에 이루어지는 고용계약서 이다.


The institute ( Employer ) wishes to engage the services of the instructor ( Employee) 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.

학원 (고용주) 은 강사 ( 피고용인)를 영어회화 강사로 고용한다. ‘갑’과 ‘을’은 상호 우호적인 협력적인 관계를 바탕으로, 본 계약서에 명시된 의무를 성실히 수행하기로 서약하며 다음 사항들에 합의하는 바이다.


1. Length of Employment
1. “을”의 계약기간

The employment period under this contract shall be 12 months starting from , 2014 and ending , , 2015. 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 14 days will begin on the day of your first workday.

고용계약기간의 시작일은 2014 년 월 일이며, 만기일은 2015 년 월 일 까지 12 개월이다. “을”의 대한민국 출입국관리국에 의한 회화강사 비자 허가기간이 위의 기간과 일치하지 않을 경우, “을”의 계약기간은 본 계약서의 시작일로부터 시작되며, 만기일에 완료된다. 따라서, 위에 명시된 기간의 계약이 만료된 이후, “을”의 요청이 있을 경우에 “갑”은 “을”에게 반드시 이적동의서를 발급해야 한다.

2. Work Place
2. “을”의 근무장소

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 agreement.

“을”은 “갑”이 본 계약서에 명시한 “갑”의 주소지에서만 근무하여야 한다. “갑”의 사전 동의 없이는 “을”은 위에 명시된 근무지 외에서 일체의 강의 활동을 할 수 없다.

3. Work Hours and Over-time work
3. “을”의 근무시간과 초과근무

1) The workdays of the Employee are Monday through Friday, ( From 2:00 Pm To 9:00 Pm ). Maximum 30 teaching hours a week.
However, teaching hours shall be flexible in accordance with the institutions schedule in this case,
both parties shall be mutually agreed. During the summer and winter vacation periods, the
teaching schedule may change.
The Employee shall come to the school 1 hour early before the first class for the preparation.

1) “을”의 근무일은 매주 월 요일부터 금 요일까지 ( 1:00 – 9:00 Pm) 이며 최대 주 30 시간을 근무 하며, 위에 시간표는 학원 스케줄에 따라 변경 되어 지며 이는 “갑”과 “을”의 동의 하에 이루어 진다. 방학 동안에는 “을”의 시간표는 바뀔 수 있다. “을”은 수업 준비를 위해서 첫 수업 시작 한 시간 전에 출근하여야 한다.

2) The Employee shall attend in a weekly meeting at 12:30pm on every Monday.
2) 매주 월요일 12시 30분에 주간 미팅에 참석해야 한다.


4. Employee's duties
4. “을”의 의무

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.
1) “을”은 “갑”과의 계약기간동안 원활한 업무수행을 위해, 원장 혹은 관리자의 지도 하에 “갑”의 규율과 규정을 준수하며, 상호협의 하에 이루어진 계약을 이행할 의무를 가진다.

2) The Employee must to try to act with dignity 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.
2) “을”은 계약기간 동안 “갑”에 의해 고용된 영어 강사로서의 품위를 지키도록 노력하여야 하며, 대한민국 정부 및 지방자치부의 모든 법률과 규칙, 규정, 지침을 따라야 한다. 또한 대한민국 교육기관을 운영하는 “갑”의 명예를 실추시키거나 비자 문제를 일으킬 수 있는 어떠한 불법적 행위도 범하지 않는다.

3) The Employee must observe her/his class schedules. Furthermore, the Employee shall attend staff meetings and workshops and prepare their classes as required. Those staff meeting, class preparation and workshops are not regarded as overtime.
3) “을”은 “갑”에 의해 제시된 수업 일정을 준수하여야 한다. 또한 “갑”의 정규 수업시간 준수를 포함한 직원회의 및 워크샾 참석과 성실한 수업준비를 위한 의무를 가진다. 이 직원회의, 수업준비 및 워크샾은 초과근무수당으로 여겨지지않는다.

4) In the case that the Employee will be absent due to unexpected sickness or accident, the Employee is required to give prompt notice. If the Employee will be absent twice a month without the Employer’s permission, then 20,000 won per hour shall be deducted from the salary.
4) “을”은 갑작스런 질병과 사고와 같은 예기치 못한 사유로 인해 지각하거나 결근할 경우, 이를 즉시 “갑”에게 통보하여 학원 수업에 차질 없도록 하여야 한다. 만약 “을”이 “갑”의 사전허락 없이 한달 안에 두 차례 결근하게 될 경우, “갑”은 “을”의 불참한 정규수업에 대하여 시간당 20,000원을 “을”의 기본급에서 공제한다.

5) 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.
5) “을”은 반드시 학원에 의해 추천되어지는 교재들을 사용해야 한다. 추가 교재의 사용이 필요할 경우, 반드시 “갑”에게 사전허가를 받아야 한다. 또한 “을”은 매월 말 다음달 교습안을 작성해서 “을”에게 제출해야 한다.

6)The Employee shall attend out-of-classroom activities for/with students. Also The Employee shall attend school Events.
6)”을”은 학생들을 위한 외부활동에 참여해야 한다. 또한 “을”을 학원행사에 참여해야 한다.

7)The Employee shall give the students homework in every class which is well prepared and organized.
7)”을”은 학생들에게 미리 준비된 숙제를 내주어야 한다.

8)The Employee shall evaluate the students performance(ex: weekly quiz, mid-term and final-term tests and Book Report) and write a progress report for each student.
Cool”을”은 학생들의 중간 과 기말시험, Book Report, weekly quiz를 평가하고 각 학생의 성적표를 작성해야 한다.

9) 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) “을”은 “갑”이 실행하고 있는 모든 수업에 관련한 정보를 타인 혹은 타기관에 누설할 수 없으며, 만약 “을”이 이를 누설하여 발생하여 “갑”에게 피해를 입혔을 경우, “을”을 발생한 피해에 대하여 “갑”에게 보상의 의무를 가진다. 수업에 관련한 정보는 커리큘럼을 비롯한 교재활용안, 강사교육안, 수업운영안, 학원경영과 관련한 정보 등을 포함한다.

10) In the event that a dispute arises, both parties shall try to resolve it amicably with understanding of different cultures and customs.
10) “을”은 “갑”과의 분쟁이 야기될 시, “을”은 상호간의 서로 다른 문화와 관습의 차이점에 대한 이해와 극복을 전제로 이를 해결하도록 노력해야 한다.

11) The Employee should present himself/herself to students as a professional. Casual attire, provided it is clean and neat, is acceptable. No ripped or torn clothing is acceptable.
11)’을’은 수업시간에 맞는 단정한 복장을 해야 한다. 찢어진 옷은 허용이 되지 못한다.

5. Employer's Duties
5. “갑”의 의무

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.
1) “갑”은 “을”과의 계약기간 동안 “을”의 업무 수행을 위한 최선의 지원을 보장하여야 하며, “을”을 인격적으로 존중하며 원활한 고용관계 유지를 위한 노력의 의무를 가진다. 또한 본 계약서에 명시된 사항을 준수할 의무를 가진다.

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.
2) “갑”은 “을”이 정규수업 진행을 위한 교육장비 지원을 요청할 경우, 최선을 다해 이를 지원하여야 하며, “을”에게 이 계약서에 명시된 바에 따라 보수를 지급해야 한다.

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 Employee.
3) “갑”은 상호간의 서로 다른 문화와 관습의 차이점을 인정하고, “을”의 새로운 업무환경과 주거환경 적응을 도와야 한다. 또한 “갑”은 “을”이 질병, 사고와 같은 심각한 어려움에 처할 경우, 최선을 다해 “을”을 도와야 한다.

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.
4) “갑”은 “을”의 사생활에 대한 관여와 침해를 범할 수 없다. 단, “을”이 계약기간동안 “갑”에 의해 고용된 고용인으로서 “갑”의 명예를 실추시키는 개인적인 행위를 범할 경우, “갑”은 “을”에게 이에 대한 시정을 요구할 수 있다.

5) In the event that a dispute arises, both parties shall try to their best to resolve it.
5) “을”과의 분쟁이 야기될 수, “갑”은 분쟁의 해결을 위해 “을”과의 협의를 위해 충분한 노력을 해야 한다.


6. Compensation
6. 보수

1) The Employee shall be paid 2.1 million won per month for the regular working hours on, or before, the 10 of each 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.
1) “을”의 계약 기간 동안 기본급여는 월 210 만원이며, 이는 매달 10 일 지급된다. 그러나 “을”의 첫번째 급여는 근무를 시작한 달의 근무일과 강의시간에 따라 지급되며, 마지막 급여 또한 근무를 마치는 달의 근무일과 강의시간에 따라 지급된다. 또한 마지막 급여는 “을”이 사용한 숙소의 관리비 중 정산되지 않은 금액을 공제하고 지불 될 것이다.

2) Overtime shall be paid at the rate of 18,000 won based per hour and paid with salary on the payment day.
2) “을”의 초과 근무 수당은 시간 당 18,000 원이며, 이는 월별 통산하여 기본급과 함께 지급된다.

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.
3) “을”이 성실히 계약을 이행하고 완료하였을 경우, “갑”은 “을”의 한달 기본급에 해당하는 금액을 퇴직수당금으로 지급한다. 그러나, “을”이 계약을 완료하지 못하였을 경우, 이 상여급은 지급되지 않는다.

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.
4) “을”의 모든 보수는 대한민국 노동법과 세법에 따르며, 대한민국 화폐로 “을”에게 지정된 대한민국 은행 계좌로 지급된다.





7. Housing
7. 숙소

1) The Employee will be provided with single/shared APT which is furnished with basic appliances.
1) “갑”은 “을”에게 기본 가구가 배치된 숙소를 제공한다.

2) The following furnishings are provided: bed and sheets, wardrobe, TV, refrigerator, gas range, basic cooking facilities and utensils, and basic cleaning tools.
2) 숙소에 배치되는 기본 가구는 다음과 같으며, 이외의 필요물품에 대하여는 “갑”이 “을”에게 제공할 의무를 가지지 않는다. – 시트가 마련된 침대, 옷장, TV, 냉장고, 기본 주방용품, 기본 청소 도구

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.
3) 관리비 및 사용한 전기, 수도, 가스, 기름, 인터넷에 대한 비용은 “을”이 지불하고, “을”의 식사와 관련한 비용 또한 “을”이 부담하여야 한다.

4) The Employee shall be responsible for maintenance of apartment, furniture and equipment. Any damage is the Employee’s responsibility.
4) “을”은 계약기간동안 숙소 및 제공된 가구와 물품에 대한 관리의 책임을 가지며, 파손된 물품에 대한 책임은 “을”에게 있다.

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.
5) 계약 완료 시 지불되지 않은 숙소의 관리비와 전기, 수도, 가스, 인터넷 사용비와 같은 관리비는 “을”의 마지막 기본급에서 공제된다.

6)The Employee pay a deposit(300,000won) for the housing. The deposit will be deducted from the first salary of the Employee’s salary. The deposit will be refunded to the Employee 1day after the completion of the contract.
6)”을”은 30만원을 주택 보증금으로 지불해야 한다. 이 주택보증금은 “을”의 첫달 월급에서 제한다. 이 주택보증금은 “을”이 계약을 마칠 때 “을”에게 환불한다.



8. Paid Vacation
8. 유급휴가
1) The Employee can get 10 days in total for a paid vacation while the Employee is under the contract. The paid vacation will be according to the Employer’s schedule,-for example school vacation for summer and winter will include your vacation- during the period of the contract. National Holidays, Saturdays and Sundays shall not be included in a paid vacation.
1) “을”은 계약기간 중 총 10 일간 유급휴가를 받을 수 있으며, 이는 “갑”의 일정표에 준하여 일정이 결정된다. 토, 일요일 및 법적 공휴일은 이 유급휴가에 포함되지 않는다.




9. Income tax and Medical Insurance
9. 소득세 및 의료보험 공제

1) Income tax shall be withheld from the salary at a rate 3.3 of % in accordance with Korean Tax Law. The Employee shall be provided with the receipts.
1) “을”의 소득세는 매월 3.3 %의 비율로 대한민국 세법에 의해 “을”의 기본급에서 공제되며, “갑”은 “을”에게 이에 해당하는 영수증을 제공한다.

2) The Employee shall be covered by medical benefits under the Korean Medical Insurance Union, Government Health Organization. Half of the premium shall be paid by the Employer with the other half paid by the Employee. The Employer shall deduct the of premium from Employee’s salary for his/her portion of the monthly premium and a receipt shall be provided to the Employee.
2) 계약기간 동안, “을”은 대한민국 의료보험 공단의 의료혜택을 받을 수 있으며, “을”의 의료보험은 “갑”과 “을”이 50대 50의 비율로 지급한다. 이에 따라, “갑”은 해당 금액을 “을”의 기본급에서 공제하고, 이에 대한 영수증을 “을”에게 제공한다.

3)The Employer shall join the Korean National Pension accordance with Korean Law. Half of the premium shall be paid by the Employer with the other half paid by the Employee. The Employer shall deduct the premium from Employee’s salary for his/her portion of the monthly premium and a receipt shall be provided to the Employee.
3)”갑”은 대한민국 법에 따라 국민연금을 들어준다. “갑”과 을”은 50대 50의 비율로 지급한다. “갑”은 해당금액을 “을”의 기본급에서 공제하고 이에 대한 영수증을 “을”에게 제공한다.

10. Flight ticket
10. 항공권
The employer will provide a return ticket to the employee from Korea to the employee's point of origin upon successful completion of the one-year contract.


10. Cancellation
10. 해고

The Employer may cancel the contract due to the circumstances specified below:
“갑”은 “을”이 다음과 같은 사유에 해당 할 경우, “을”을 해고할 권리가 있다.

1) In such a case as the Employee, or any the Employee's dependents, violates any laws of Republic of Korea.
1) “을”이나 “을”의 부양자가 대한민국 법률을 위반하였을 경우

2) In such a case as the Employee uses drugs, excluding those supplied by prescription, or alcohol during their work hours.
2) 근무시간 도중 술이나 약물을 복용하였을 경우

3) In such a case as the Employee makes sexual abuse or as regarding overly abusive language and violence that you relate with students or employees of the institute.
3) 학생 혹은 학원의 고용인에게 성추행, 혹은 과도한 추행적 언어를 사용하거나 폭력 행위를 범하였을 경우

4) In such a case as continuation of working is determined impossible due to the Employee's mental and/or physical impairment.
4) “을”이 신체적으로나 정신적인 질병으로 인해, “을”의 의무를 이행 할 수 없는 경우

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.
5) 지속적으로 근무시간을 어기거나, 연속 3일 이상 무단결근 하였을 경우

6) The Employee has already received three (3) reprimands (warnings) from the Employer of dissatisfaction with the Employee’s performance, and the Employee has not rectified the situation.
6) ‘을’이 ‘갑’ 으로 부터 3번의 경고장을 받을 경우


7) The Employee fails to conduct himself/herself in a professional manner (as described in Employee's duties section of this Agreement) resulting in damaging the image of the Institute.
7) ‘을’ 이 ‘을’의 의무를 수행하지 못해 학원 운영에 어려움을 처하게 하는 경우.


Cool The instructor should examine the medical checks ( including HIV, TBPE, Cannabinoid (THC)) after coming Korea.
If the instructor tests Positive, The Employer may terminate this contract. And the instructor has to reimburse all of the cost of the plane ticket to the employer for coming. Also, the instructor has to reimburse all of the cost of hiring the instructor. (Commission for agency, and so on) , the instructor should leave Korea by yourself.
Cool 강사는 한국에 입국한 이후에 의학 검사(HIV, TBPE, THC)를 받아야 한다. 만약 강사가 양성 반응이 나올 경우 학원은 계약을 파기할 수 있다. 그리고 강사는 한국에 입국하는데 든 항공료 환불해야 한다. 또한 강사는 고용에 든 비용을 모든 환불해야 하며(고용 수수료, …등), 강사는 한국을 자비로 출국해야 한다.

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 15 days prior. The plane ticket and the severance payment shall not be given to the Employer.

“갑”이 위의 사유로 1) - 7) “을”을 해고하고자 할 경우, “갑”은 “을”에게 이를 서면으로 15일 이전에 통보하여야 한다. “을”이 위의 사유로 해고 당할 경우, “을”의 마지막 급여는 “을”의 당월 근무일과 근무시간을 환산하여 지급되며, 이외의 항공권과 퇴직수당금 지급은 없다.


11. Modifications and Termination
11. 계약의 변경 및 파기

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.
1) “갑”과 “을”은 본 계약서의 변경 및 파기가 필요할 경우, 상호간의 충분한 논의 후에 이를 반드시 서면으로 30일 이전에 이를 반드시 서면으로 상호에게 통보하여야 한다.

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.
2) 사망, 전쟁, 혹은 사고와 같은 재해나 “을”이 E-2 Visa 획득에 실패하였을 경우에 본 계약은 자동 파기된다.

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.
3) “을”은 “갑”이 언어적, 육체적, 정신적으로 “을”에게 피해를 입힐 경우, 혹은 “갑”이 본 계약을 의도적으로 불이행할 경우, “갑”에게 계약파기를 요청할 수 있으며, “갑”은 “을”의 요청을 수락하여야 한다. 이로 인한 상호간의 계약 파기 시, “을”은 “갑”에게 이적동의서 발급을 요청할 수 있으며, 이 경우 “갑”은 반드시 “을”의 요청에 따라 이적동의서를 발급해야만 한다.

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.
4) 계약 파기 통보 이후, 계약이 종결되는 날짜 혹은 이적이 완료되는 날짜 이전까지 “을”은 자신의 의무를 다해야 한다.


12. Miscellaneous provisions
12. 기타 사안

1) The governing language of this contract shall be English. The English contract shall govern the translation into any other language.
1) 본 계약서는 영어로 작성되었으며, 영문계약서는 “갑”과 “을” 모두에게 어떠한 번역본에 대해서도 지배적이다.

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 agreement.
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Porksta



Joined: 05 May 2011

PostPosted: Wed Apr 02, 2014 10:00 pm    Post subject: Reply with quote

The Employee shall come to the school 1 hour early before the first class for the preparation.

So is that 1pm or 2pm?

Overtime shall be paid at the rate of 18,000 won based per hour and paid with salary on the payment day.

That's about the same or less than your hourly rate.

Income tax shall be withheld from the salary at a rate 3.3 of % in accordance with Korean Tax Law.

Too high.

The Employee shall be covered by medical benefits under the Korean Medical Insurance Union, Government Health Organization

Don't know what that is, should be NHIC.


I'd pass on this.
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DosEquisXX



Joined: 04 Nov 2009

PostPosted: Fri Apr 04, 2014 11:25 am    Post subject: Reply with quote

ash530 wrote:


Article 1. Employment
The employer wishes to employ the employee for as an English teacher and the employee agrees to work for the said employer in Korea.

Conditions of Employment
The employee's job description is primarily the following:

E. Other related activities


Get details on "other related activities". Seems to be a blank check to get them to do whatever they want you to do.

Quote:

Article 3. Salary and Working Hours

b. Definition of a teaching hour: 50-minute classes count towards “hours” as 60 minutes. 45-minute
classes count as 50 minutes, and 40-minute classes count as 45.


So basically you have no idea how many classes you teach per week. Could be up to 40 classes per week. 8 classes/day sounds like burnout work especially if this is teaching kindergarten and preschool.

Quote:

c. The employer will pay a monthly salary of 2.1 Million Korean won. Payment will be made once a month. Payday is the 15th day of month following teaching.


If you have any experience or qualifications, you should shoot for more.

Quote:
d. Korean Income Tax will be deducted from the employee's salary. Income tax will be deducted from the salary of the employee each month. The tax rate on the above salary is around 5%.


Too high. Be careful that you aren't being set up as an independent contractor.

Quote:
Article 4. Over-time Pay
If the employee teaches more than 120 hours a month, he/she will be paid 18,000 Won per hour


A grand total of 500 won more than normal hourly pay!


Quote:
Article 5. Benefits

a) Housing
The employer will arrange furnished accommodation for two people for the period of the contract. The
employee will pay living expenses including electricity, water, gas, oil, phone bills, etc. The employee will be provided a studio apartment that is not shared with other teachers. The apartment will have a private bathroom with a Western toilet.


Get more specifics on what is included in the apartment. Pictures would be nice too.

Quote:

b) Medical Insurance
As per Korean law, the employer will pay one-half (1/2) of the employee's medical insurance premiums. The other half of the premiums will be deducted from the employee’s salary. Currently, this rate is about 3.00% of gross salary. This rate is set by the Korean government and can change.


Be sure you are getting government health insurance (NHIC). Make that clearly written in the contract and make sure everything is straight there. Don't want to be under some private contract.

Quote:

f) Pension
As per Korean law, the employer will pay one-half (1/2) of the employee's pension premiums. The other half of the premiums will be deducted from the employee’s salary. Currently, this rate is 4.50% of gross salary. That is, the employer will pay 4.5% of the salary and the employee will also pay 4.5% of the salary as well. This rate is set by the Korean government and can change. The employee will be paid the pension premium after he or she gets back to his or her country. Total amount paid will be decided by the Korean government.


Again, confirm that this information is correct with an outside source. Hagwons can always be tricky with health insurance and pension.

Quote:
Article 6.

e) If the employee is more than 10 minutes late or is absent without notification, a day or an hour of pay may be deducted.


Is this also on top of the hours you missed by not being there? If so, it's an illegal deduction.

Quote:
f) The Employee will prepare adequately for each class. Materials and curricula will be provided by the employer for all classes except “Free Talking” classes. The employee is expected to supplement materials as needed.


Find out what these classes are, how many of them you have, and if they count towards your teaching hours.

Also, are you an instructor or employee? They keep switching back and forth and they can mean very different things. In the case of being an employee, you are good but as an instructor you might be an independent contractor.

Quote:
i) The employee agrees to pay the employer a housing management deposit to cover unpaid monthly service, utility and telephone charges. Such deposit, amounting to 450,000 won and being payable to the employer in three equal installments, will be deducted from the employee's salary during the first three months of employment.

Dependent on a written guarantee from a guarantor acceptable to the employer, the employer agrees that the deposit will be returned, in full, to the employee at the time of completion of the employee's period of employment with the employer, including any period of employment beyond that covered by this agreement. In the absence of such written guarantee, the employer will hold the full amount of the deposit until all outstanding monthly service, utility, and telephone charges have been paid.


Surprisingly low by recent standards. Still hate paying a deposit since there's a good chance you won't get that money back though.

Quote:
2) Cause for Dismissal
The employer will have the right to dismiss the employee for clear and frequent neglect of duties under this agreement, and:
a) If the employee makes sexual advances toward students or if questionable inter-personal relationships with individual students result in the loss of other students.

b) If many of the employee's students complain about the classes, or if students enrollment falls below the accepted average for three consecutive months.


So basically, be a dancing clown to keep enrollment up. Also, what support are you provided? Will you have a head teacher to aid and help you if you are having trouble with the classes or are you on your own?

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

The contract isn't particularly bad. Has the typical caveats of a hagwon contract that you need to get fixed. 40 classes/week sounds like burnout work but if you can handle it, then that's fine. I wouldn't accept it in its current form. Get some questions answered and some adjustments to the contract before signing.


Last edited by DosEquisXX on Fri Apr 04, 2014 11:31 am; edited 1 time in total
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asigs



Joined: 31 Mar 2014
Location: Ottawa/Ontario/Canada

PostPosted: Fri Apr 04, 2014 11:30 am    Post subject: First time teacher, looking for feedback on this contract Reply with quote

This document is a contractual agreement between the Director, of South Korea hereafter referred to as “ Party A “ and the instructor, hereafter referred to as “ Party B”.

1. Contract period
1 The period of this contract is from 2014 .05 .__ and will end 2015 . 05. __
2 Party B must inform party A of whether to renew the contract or not two months prior to the end of the contract, and the contract may be renewed at that time by mutual agreement.

2. Salary
1 Party A will pay a monthly salary of (2,000,000) (Korean currency) to Party B.
2 About 6% will be paid to the Korean Government. (Income tax + Medical insurance) as required by Korean law.
3 Over time rate for each hour will be 20,000won. Overtime hours will be worked only when agreed upon by both
parties
4 On completion of 1 year contract, Party B will receive the amount of one month’s salary (2,000,000) as severance pay as stated by Korean law
5 Party B's salary shall be paid on the 15th of the next month for the previous month’s salary. Note: The last month’s salary and completion bonus will be paid in full at the end date of the contract date. If Payday falls on a national holiday, Saturday or Sunday, the salary will be paid on the preceding business day.

3. Working Hours
1 Party B is required to teach a maximum of 30 teaching hours per week from Monday to Friday. Working hours will be between 2:00pm-8:00pm_ and normal working days are approximately 22-23 days per month. There will be no classes on Saturday and Sunday unless agreed upon by Party B.
2 Classes and teaching will be scheduled in accordance with the needs of Party A
3 Party B can be required to attend government teacher education course once a year. (This falls on a Saturday and will be announced by the government. Course is usually on 150 minutes in the summer)

4. Accommodations
1 Party A will provide a rent free apartment and will take responsibility for normal maintenance (property tax, repairs, etc.). Party A will provide a bed, gas stove, refrigerator, TV, table and chairs, washing machine, (But the fee for installing the phone/internet/cable will be charged to Party B).
2 The tenant party B, will be responsible for paying utilities, such as for the gas, electricity, telephone bills, etc.
3 Upon first arrival in Korea, it may be necessary for the teacher to stay in a motel temporarily before his/her permanent apartment is available. Party A will pay this expense

5. Airfare
1 Party A agrees to reimburse Party B for a one-way air ticket from his/her home country to Jeju Island, South Korea. Party A will repay the full cost of the one-way air ticket within 2weeks of Party B’s arrival to Jeju, South Korea. Party B needs to get approval before purchasing their flight. Once approved Party B needs to provide an official receipt in order to be reimbursed. Party A will reimburse Party B within 2 weeks of their arrival to Korea and after Party B’s medical results are returned and Party B doesn’t have a positive result for drug use.
2 At the end of the contract Party A agrees to buy a one-way air ticket for Party B from Jeju, South Korea to his/her country or any other destination ONLY WHEN Party A actually leaves Jeju to his/her country or any other destination.
3 If Party B has to leave before 6 months of their employment contract is completed, Party B is required pay Party A back the amount of the Air-Ticket that was originally reimbursed

6. Holidays & Sick Leave
1 All national holidays will be paid days off (15 per year).
2 Party B can take 10 days of paid holidays over the contract 5 days in the summer and 5 days in winter during the school’s vacation schedule. Party B is required to obtain approval from Party A in order to take a paid vacation. Weekends are not counted as vacation days only work days Mon.
3 Only if Party B is legitimately sick, Party B should make every effort to contact Party A to allow for appropriate rescheduling. Party B should also obtain a note from a Korean hospital/clinic that explains his/her illness. Classes missed due to non medical reasons, unverifiable medical conditions or without advance warning to the Employer will result in a deduction from the Employee’s salary and a written warning, which can be used to terminate the contract.
If the teacher is absent without permission, salary will be deducted on a prorated basis.
(Example: Salary 2,000,000 per month/20 work days in month= 100,000 KRW deducted)

7. Medical Insurance
1 Party A agrees to pay 50% of the medical insurance monthly premiums as per Korean law. Party B’s medical insurance premium of 50% will be deducted from his/her monthly salary.
2 Dental and pre-existing conditions (diseases) are not covered in this insurance.

8. National Pension
1 Party A shall contribute half of the national pension plan deduction (approximately 4.5% of salary) for Party B pursuant to the National Pension Corporation Act of Korea. American or Canadian employees are eligible for a pension distribution refund if he/she submits the required documents to the Korean National Pension Corporation when he/she leaves Korea after the completion of his/her contract.

9. Party A’s Obligations
1 Party A will introduce to Party B, the Party A’s school policies and regulations concerning work conditions.
2 Party A will provide Party B necessary working and living conditions
3 Party A will provide all curricula, textbooks and other teaching materials
4 Party A will help Party B as best as possible with any problems, including personal difficulties in living in Korea.

10. Party B’s Obligations
1 Party B shall observe Party A’s school policies and regulations as stated in points 10.2 through 10.13 concerning teachers and shall accept Party A’s arrangement, direction, supervision and evaluation in regard to his/her work.
2 Party B is not allowed to work for any other organization including private tutoring without party A’s prior consent.
3 Korean law stipulates that no full-time instructor may work at two or more institutions at the same time. Failure to observe this regulation will result in immediate dismissal.
4 Without Party A’s consent, Party B shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with Party A.
5 Party B is responsible for the implementation of the school’s curriculum, grading and evaluation, and attending occasional teachers’ meetings.
6 Party B must behave in a professional manner during class or when socializing with students after class.
7 Party B can be required to interview new students and evaluate their placement level.
8 Party B shall not be absent without Party A’s permission.
9 If Party B is more than 10 minutes late without prior notification, one hour of pay may be deducted. If Party B is more than one hour late without prior notification, one day of pay may be deducted.
10 Party B shall not sexually harass the students in his/her care
11 No form of physical punishment may be used by Party B.
12 Party B must make all efforts to follow Party A’s teaching methodology.
13 Party B will teach conversational English during his/her classes

11. Resignation
1 In the case of Party B’s resignation, which must be notified at least two months in advance, the contract between Party A and Party B will become be terminated. Accordingly, Party B’s salary will be paid up to the date of party B’s departure
2 In the case of party B’s resignation without notice before two months, Party A is not obligated to pay the salary for the month..

12. Dismissal
1 The employer may dismiss the employee from employment under the following conditions:
a. Violation of the laws of the Republic of South Korea
b. Teaching classes while under the influence of drugs or alcohol.
c. Being late for class on a continuous basis.
d. Repeated absences from classes without a valid reason.
e. Abuse or aggressive actions towards the school director or co-workers
f. If any of the information provided in Party B's application is neither true nor accurate.
g. If it is determined that Party B is prevented from or incapable of performing his/her duties for a medical reason, whether it is a physical or psychological ailment. (If requested by Party A, Party B must be immediately available for a medical examination). In the event that this contract is terminated pursuant to the foregoing Party A shall pay Party B a pro-rated salary based on the number of days actually worked by Party B. In such event, Party B shall be responsible for the return flight to his/her home country. Party B's visa will subsequently be cancelled
2 Party A must first bring the problem with proof to the attention of Party B in writing in the form of a warning letter and make every attempt to resolve the situation. Party B will follow the direction of Party A and make every attempt to correct the problem. Proof, but not warning letters, will be provided for sections 12.a ,12.b and 12 e Upon receipt of three warning letters, the Party A shall be dismissed with 30 days notice of dismissal in case of working more than 6months, according to Article 26 of the Korean Labor Standards Act.

13. Revision and Renewal of Contract
1 Both parties should abide by the contract and must refrain from revising, canceling, or terminating the contract without mutual consent.
2 This contract may be renewed upon agreement between Party A and Party B two months prior to its expiration; otherwise, Party B will just finish out the completion of the original contract.
The undersigned agrees to the terms stated above in this contract and for future reference, each party is to keep a copy of this contract.

14. Training/Orientation
1 Party B may be required to do a training period/orientation. Party B will not be entitled to any compensation if an orientation is required. Orientation period will not be longer than 2 days.
2 If Party B fails to fully complete the orientation, this Contract shall be subsequently terminated and Party B must return to his/her home country. In that case, the return airfare shall be borne by Party B. Party B's visa shall be cancelled.

15. Indemnity
1 Party B shall indemnify for and keep Employer harmless from any liability or damages arising from or in relation to any negligent, intentional or illegal activity of Party B during the Term of Employment under this Contract

16. Governing Law, Language and Venue
1 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 Korea.

17. Signature


PARTY A (EMPLOYER) : Signature: _____________________

PARTY B (EMPLOYEE): Signature: _____________________

DATE: April 1 , 2014
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asigs



Joined: 31 Mar 2014
Location: Ottawa/Ontario/Canada

PostPosted: Fri Apr 04, 2014 11:31 am    Post subject: First time teacher, looking for feedback on this contract Reply with quote

This document is a contractual agreement between the Director, of South Korea hereafter referred to as “ Party A “ and the instructor, hereafter referred to as “ Party B”.

1. Contract period
1 The period of this contract is from 2014 .05 .__ and will end 2015 . 05. __
2 Party B must inform party A of whether to renew the contract or not two months prior to the end of the contract, and the contract may be renewed at that time by mutual agreement.

2. Salary
1 Party A will pay a monthly salary of (2,000,000) (Korean currency) to Party B.
2 About 6% will be paid to the Korean Government. (Income tax + Medical insurance) as required by Korean law.
3 Over time rate for each hour will be 20,000won. Overtime hours will be worked only when agreed upon by both
parties
4 On completion of 1 year contract, Party B will receive the amount of one month’s salary (2,000,000) as severance pay as stated by Korean law
5 Party B's salary shall be paid on the 15th of the next month for the previous month’s salary. Note: The last month’s salary and completion bonus will be paid in full at the end date of the contract date. If Payday falls on a national holiday, Saturday or Sunday, the salary will be paid on the preceding business day.

3. Working Hours
1 Party B is required to teach a maximum of 30 teaching hours per week from Monday to Friday. Working hours will be between 2:00pm-8:00pm_ and normal working days are approximately 22-23 days per month. There will be no classes on Saturday and Sunday unless agreed upon by Party B.
2 Classes and teaching will be scheduled in accordance with the needs of Party A
3 Party B can be required to attend government teacher education course once a year. (This falls on a Saturday and will be announced by the government. Course is usually on 150 minutes in the summer)

4. Accommodations
1 Party A will provide a rent free apartment and will take responsibility for normal maintenance (property tax, repairs, etc.). Party A will provide a bed, gas stove, refrigerator, TV, table and chairs, washing machine, (But the fee for installing the phone/internet/cable will be charged to Party B).
2 The tenant party B, will be responsible for paying utilities, such as for the gas, electricity, telephone bills, etc.
3 Upon first arrival in Korea, it may be necessary for the teacher to stay in a motel temporarily before his/her permanent apartment is available. Party A will pay this expense

5. Airfare
1 Party A agrees to reimburse Party B for a one-way air ticket from his/her home country to Jeju Island, South Korea. Party A will repay the full cost of the one-way air ticket within 2weeks of Party B’s arrival to Jeju, South Korea. Party B needs to get approval before purchasing their flight. Once approved Party B needs to provide an official receipt in order to be reimbursed. Party A will reimburse Party B within 2 weeks of their arrival to Korea and after Party B’s medical results are returned and Party B doesn’t have a positive result for drug use.
2 At the end of the contract Party A agrees to buy a one-way air ticket for Party B from Jeju, South Korea to his/her country or any other destination ONLY WHEN Party A actually leaves Jeju to his/her country or any other destination.
3 If Party B has to leave before 6 months of their employment contract is completed, Party B is required pay Party A back the amount of the Air-Ticket that was originally reimbursed

6. Holidays & Sick Leave
1 All national holidays will be paid days off (15 per year).
2 Party B can take 10 days of paid holidays over the contract 5 days in the summer and 5 days in winter during the school’s vacation schedule. Party B is required to obtain approval from Party A in order to take a paid vacation. Weekends are not counted as vacation days only work days Mon.
3 Only if Party B is legitimately sick, Party B should make every effort to contact Party A to allow for appropriate rescheduling. Party B should also obtain a note from a Korean hospital/clinic that explains his/her illness. Classes missed due to non medical reasons, unverifiable medical conditions or without advance warning to the Employer will result in a deduction from the Employee’s salary and a written warning, which can be used to terminate the contract.
If the teacher is absent without permission, salary will be deducted on a prorated basis.
(Example: Salary 2,000,000 per month/20 work days in month= 100,000 KRW deducted)

7. Medical Insurance
1 Party A agrees to pay 50% of the medical insurance monthly premiums as per Korean law. Party B’s medical insurance premium of 50% will be deducted from his/her monthly salary.
2 Dental and pre-existing conditions (diseases) are not covered in this insurance.

8. National Pension
1 Party A shall contribute half of the national pension plan deduction (approximately 4.5% of salary) for Party B pursuant to the National Pension Corporation Act of Korea. American or Canadian employees are eligible for a pension distribution refund if he/she submits the required documents to the Korean National Pension Corporation when he/she leaves Korea after the completion of his/her contract.

9. Party A’s Obligations
1 Party A will introduce to Party B, the Party A’s school policies and regulations concerning work conditions.
2 Party A will provide Party B necessary working and living conditions
3 Party A will provide all curricula, textbooks and other teaching materials
4 Party A will help Party B as best as possible with any problems, including personal difficulties in living in Korea.

10. Party B’s Obligations
1 Party B shall observe Party A’s school policies and regulations as stated in points 10.2 through 10.13 concerning teachers and shall accept Party A’s arrangement, direction, supervision and evaluation in regard to his/her work.
2 Party B is not allowed to work for any other organization including private tutoring without party A’s prior consent.
3 Korean law stipulates that no full-time instructor may work at two or more institutions at the same time. Failure to observe this regulation will result in immediate dismissal.
4 Without Party A’s consent, Party B shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with Party A.
5 Party B is responsible for the implementation of the school’s curriculum, grading and evaluation, and attending occasional teachers’ meetings.
6 Party B must behave in a professional manner during class or when socializing with students after class.
7 Party B can be required to interview new students and evaluate their placement level.
8 Party B shall not be absent without Party A’s permission.
9 If Party B is more than 10 minutes late without prior notification, one hour of pay may be deducted. If Party B is more than one hour late without prior notification, one day of pay may be deducted.
10 Party B shall not sexually harass the students in his/her care
11 No form of physical punishment may be used by Party B.
12 Party B must make all efforts to follow Party A’s teaching methodology.
13 Party B will teach conversational English during his/her classes

11. Resignation
1 In the case of Party B’s resignation, which must be notified at least two months in advance, the contract between Party A and Party B will become be terminated. Accordingly, Party B’s salary will be paid up to the date of party B’s departure
2 In the case of party B’s resignation without notice before two months, Party A is not obligated to pay the salary for the month..

12. Dismissal
1 The employer may dismiss the employee from employment under the following conditions:
a. Violation of the laws of the Republic of South Korea
b. Teaching classes while under the influence of drugs or alcohol.
c. Being late for class on a continuous basis.
d. Repeated absences from classes without a valid reason.
e. Abuse or aggressive actions towards the school director or co-workers
f. If any of the information provided in Party B's application is neither true nor accurate.
g. If it is determined that Party B is prevented from or incapable of performing his/her duties for a medical reason, whether it is a physical or psychological ailment. (If requested by Party A, Party B must be immediately available for a medical examination). In the event that this contract is terminated pursuant to the foregoing Party A shall pay Party B a pro-rated salary based on the number of days actually worked by Party B. In such event, Party B shall be responsible for the return flight to his/her home country. Party B's visa will subsequently be cancelled
2 Party A must first bring the problem with proof to the attention of Party B in writing in the form of a warning letter and make every attempt to resolve the situation. Party B will follow the direction of Party A and make every attempt to correct the problem. Proof, but not warning letters, will be provided for sections 12.a ,12.b and 12 e Upon receipt of three warning letters, the Party A shall be dismissed with 30 days notice of dismissal in case of working more than 6months, according to Article 26 of the Korean Labor Standards Act.

13. Revision and Renewal of Contract
1 Both parties should abide by the contract and must refrain from revising, canceling, or terminating the contract without mutual consent.
2 This contract may be renewed upon agreement between Party A and Party B two months prior to its expiration; otherwise, Party B will just finish out the completion of the original contract.
The undersigned agrees to the terms stated above in this contract and for future reference, each party is to keep a copy of this contract.

14. Training/Orientation
1 Party B may be required to do a training period/orientation. Party B will not be entitled to any compensation if an orientation is required. Orientation period will not be longer than 2 days.
2 If Party B fails to fully complete the orientation, this Contract shall be subsequently terminated and Party B must return to his/her home country. In that case, the return airfare shall be borne by Party B. Party B's visa shall be cancelled.

15. Indemnity
1 Party B shall indemnify for and keep Employer harmless from any liability or damages arising from or in relation to any negligent, intentional or illegal activity of Party B during the Term of Employment under this Contract

16. Governing Law, Language and Venue
1 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 Korea.

17. Signature


PARTY A (EMPLOYER) : Signature: _____________________

PARTY B (EMPLOYEE): Signature: _____________________

DATE: April 1 , 2014
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DosEquisXX



Joined: 04 Nov 2009

PostPosted: Fri Apr 04, 2014 11:55 am    Post subject: Re: First time teacher, looking for feedback on this contrac Reply with quote

asigs wrote:


2. Salary
1 Party A will pay a monthly salary of (2,000,000) (Korean currency) to Party B.
2 About 6% will be paid to the Korean Government. (Income tax + Medical insurance) as required by Korean law.


Really low salary. Check that the tax rate is proper as well.

Quote:

3. Working Hours
1 Party B is required to teach a maximum of 30 teaching hours per week from Monday to Friday. Working hours will be between 2:00pm-8:00pm_ and normal working days are approximately 22-23 days per month. There will be no classes on Saturday and Sunday unless agreed upon by Party B.

3 Party B can be required to attend government teacher education course once a year. (This falls on a Saturday and will be announced by the government. Course is usually on 150 minutes in the summer)


Can't be right. For example, June has 21 working days. Where are they going to put that day if you can't work weekends?

Government course sounds annoying. Where is it going to be? Will you get paid for it? How far is it from where you live? How will you get there? Will expenses be reimbursed by the school?

Quote:
5. Airfare
2 At the end of the contract Party A agrees to buy a one-way air ticket for Party B from Jeju, South Korea to his/her country or any other destination ONLY WHEN Party A actually leaves Jeju to his/her country or any other destination.


Shouldn't Party B leave? Or is the academy going to get up and move itself?

Quote:
6. Holidays & Sick Leave
3 Only if Party B is legitimately sick, Party B should make every effort to contact Party A to allow for appropriate rescheduling. Party B should also obtain a note from a Korean hospital/clinic that explains his/her illness. Classes missed due to non medical reasons, unverifiable medical conditions or without advance warning to the Employer will result in a deduction from the Employee’s salary and a written warning, which can be used to terminate the contract.


So if a relative in your home country dies (my father died while I was in South Korea), you have to pay a fine? Get that condition fixed.

Quote:
7. Medical Insurance
1 Party A agrees to pay 50% of the medical insurance monthly premiums as per Korean law. Party B’s medical insurance premium of 50% will be deducted from his/her monthly salary.
2 Dental and pre-existing conditions (diseases) are not covered in this insurance.


Be sure you're getting NHIC and not some private insurer.

Quote:
f10. Party B’s Obligations
9 If Party B is more than 10 minutes late without prior notification, one hour of pay may be deducted. If Party B is more than one hour late without prior notification, one day of pay may be deducted.


I guess these deductions are the norm. They're pretty moronic and shouldn't be a factor, but they shouldn't exist either. You're not a teenager.

Quote:
14. Training/Orientation
1 Party B may be required to do a training period/orientation. Party B will not be entitled to any compensation if an orientation is required. Orientation period will not be longer than 2 days.


Is this before or during the pay period? This matters because if you don't work the full 120 hours, they may pro-rate your salary for that month.

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

The low salary would probably be enough to get me to reject this contract. But if you're really set on Jeju and can flesh out the issues in the contract, then have at it.
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TheUrbanMyth



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

PostPosted: Sun Apr 06, 2014 6:32 pm    Post subject: Re: First time teacher, looking for feedback on this contrac Reply with quote

[quote="DosEquisXX"]
asigs wrote:



Quote:

3. Working Hours
1 Party B is required to teach a maximum of 30 teaching hours per week from Monday to Friday. Working hours will be between 2:00pm-8:00pm_ and normal working days are approximately 22-23 days per month. There will be no classes on Saturday and Sunday unless agreed upon by Party B.

3 Party B can be required to attend government teacher education course once a year. (This falls on a Saturday and will be announced by the government. Course is usually on 150 minutes in the summer)


Can't be right. For example, June has 21 working days. Where are they going to put that day if you can't work weekends?



Actually only 20 working days. The first Friday is Memorial Day a national holiday.

So yeah he's got two days to make up...
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hhaley



Joined: 02 Feb 2014

PostPosted: Wed Apr 09, 2014 12:54 am    Post subject: Reply with quote

I appreciate any feedback on this contract. I am already thinking of a couple things I will bring up when talking with the school (specifying exact percentages of tax deducted, changing to only national health plan, paying for visa run not one-way ticket).



Letter of Agreement
“The School” and “The Teacher” agrees to a one-year contract (from _____-to ____) for regular full time English teaching as follows.

TEACHER OBLIGATIONS
A. Supervision
The Teacher will work closely with the Academic Supervisor and other colleagues in the planning, observation and review of instruction.
As a member of The School, the Teacher will contribute to the cumulative experience, wisdom and resources of a team dedicated to developing, implementing, and evaluating a comprehensive program for teaching English to Koreans.

B. BEHAVIOR
The Teacher should respect the rules and standards of conduct of the School (written, verbal and tacit) and obey the laws, regulations and ordinances of and the national and local governments. Any teaching or employment other than at the above address shall not be permitted, in accordance with Korean Law. Non-compliance may result in discipline including fines and deportation.

C. Workload
The Teacher will be required to stay at the School a minimum of 9 hours per day (9:00 – 6:30(Kinder) or 10:30 - 20:00(Afternoon)), 5 days a week (M-F). Afternoon teachers will also have intensive classes in the morning for a month (winter and summer) with overtime pay. Kindergarten teachers will also have up to four 80-minute pre-kindergarten classes from 9:00 – 6:30 each year. The Teacher will have 22* 80-minute classes per teaching week. (88 Classes per month) The Teacher is expected to devote at least one hour a day at the School for lesson planning with co-teachers, student evaluations, reporting, consultation with parents, supervision of play, maintenance the English environment during breaks, workshops, teachers meetings, and upgrading one's professional knowledge and skills without additional pay.

D. Duties
Duties may include, but are not limited to;
 teaching
 substitute teaching
 supervision of students
 preparation/production of teaching materials
 curriculum design and implementation
 attendance at teachers’ meetings and workshops
 writing evaluation comments and preparing evaluation reports
 essay and journal correction
 interviewing new students for level testing / classroom assignment
 professional development
 Teacher Training in the School or headquarters

The Teacher’s duties and responsibilities, as well as the academic programs, may be modified, from time to time, after being agreed upon by both the Teacher and the Institute.
The work week will follow the yearly academic calendar issued by The School. Each monthly session consists of 20 working days, totaling 240 working days a year. In the case of missed working days covering the entire year due to national holidays or other factors, make-up classes will be scheduled on a Saturday.

E. Dual Employment Prohibition
The Teacher, after signing the agreement and receiving a work visa, can only legally work for an Institute designated by the School. If the Teacher works for any other institutes, companies, or individuals without the written consent of the School and the Korean Immigration Office, the Teacher shall face legal consequences which will/may include a fine and possible deportation.

F. Staff Meetings and Seminar Days
Staff meetings will be scheduled at the discretion of the School Director.
Attendance is required. Staff meetings will allow time for discussion of topics of current concern within the program such as new policies, procedures, methods of training, instruction, curriculum, and other matters as needed. Staff are encouraged to help work out practical solutions to problems at these meetings. There will be two Teacher Seminar Days held each year for the purpose of professional upgrading, planning new sessions, and preparing classrooms. Teacher Seminar Days may be scheduled on a Saturday and attendance is mandatory. Seminar Days are not considered overtime.

G. Special Research Projects
Any Part of the Teacher workload can be converted into research and development work.

H. Overtime
Overtime teaching is paid 25,000won for one 80-minute class. Overtime will be paid only after 22 teaching units a week have been surpassed.

H. Work Schedule
The work week runs from Monday through Friday in monthly periods. The Teacher's schedule will be assigned by the School Director. The Teacher’s schedule and position may be adjusted any time at the discretion of the School Director.

TEACHER BENEFITS
A. Monthly Salary
The School will pay the Teacher a monthly basic salary of ₩ 2,100,000 the last working day of each month. The monthly salary is based on the monthly teaching session, not a calendar month. Korean income tax, National Pension, & Medical Insurance will be withheld from the monthly salary.

B. Housing
The School will provide each Teacher an apartment/ house. A two-person apartment/house will be provided for a married couple, if both are teaching at the Institute.
The apartment will be contain: TV, refrigerator, washing machine, wardrobes, gas range, beds & bedding, microwave, dining table & chairs, and some eating & cooking utensils.

C. Health Insurance
The Teacher will be covered by Korean National Health Insurance or private Health Insurance. According to the government guideline for teachers, the monthly insurance charge will be shared by the School and the Teacher. Coverage will be from the date of joining to Korean Medical Insurance Union, commencing approximately 3 to 4 weeks after the Teacher's arrival of Korea due to the requirements of immigration and taxation departments.

D. National Pension Plan
In accordance with Korean Law all foreign workers employed by Korean businesses shall pay into the Korean National Pension plan at a rate of 9% (or the ratio stipulated by the Korean National Pension Law) deducted against monthly earnings with the employer's contribution of 4.5%

Refund of the National Pension to a teacher who becomes a compulsory insured employee, 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 Teacher, according to Korean Law.

E. Teacher Training
The Teacher shall have a period of training before starting to teach in their School. During the training period, and for the break between the training and the start of teaching, the Teacher will be in the School for classroom observation.
The Teacher will receive briefings from their Academic Supervisor, and the School Director, and will get acquainted with the local institute policies.
During this time the Teacher will receive half the rate of the regular pay.

F. Vacation
The 12-15 days of vacation will be scheduled as per the yearly academic calendar which is decided by the School.: normally the vacation would be in the form of one week at the end of July, and one week at the end of December. The above vacation will be included with monthly paid leave and annual paid leave according to Article 47 and 48 of Korean Labor Standard Law.

G. Severance Pay
On completion of the Teacher’s responsibilities of the full contract period, an additional month of regular salary per one year shall be paid as severance pay. If the Teacher, however, does not complete the full period of one year contract, none of the severance pay shall be paid according to Korean Labor Standard Law. Severance pay will be paid by bank transfer no later than one month after the Teacher has left the School. Korean severance tax will be withheld. Any outstanding debts will be subtracted from the severance pay.

H. Transportation
The Institute shall pay oneway airfare. A one-way ticket will be provided at the end of completing the contract
In case the Teacher fails to complete the employment by his or her own fault/reason, the Teacher shall not get the one way ticket.
Air tickets provided cannot be exchanged for cash equivalents or transferred to persons other than the School.

TERMINATION
a. The employer reserves the right to dismiss the teacher from employment for the following causes:
b. Neglect his/her duties stipulated in this agreement
c. Frequent absences from work
d. Has received two warning letters
e. The inability to perform the duties stipulated in this agreement
f. The teacher’s criminal or misconduct
g. The employer agrees to dismiss the teacher from employment giving 30 days’ notice. However, in case of the teacher’s criminal or misconduct, he/she is to be dismissed from employment immediately with no warning or notice.
h. In such case as the teacher resigns from employment, he/she can do so giving 30 days notice to the employer.
i. As per Korean Government Visa regulations, the Teacher will be tested for drugs/illnesses (including HIV and TBPE), after arriving in Korea. If the Teacher tests positive, the Institute will terminate his/her contract and the Teacher will be deported according to the new visa regulations. The teacher will pay the fare of hospital test.

Starting days
Although pay starts the days the Teacher starts Teacher Training Program, the effective date of this contract is the first teaching day in the School. The total period of this agreement is approximately one year, commencing from May 7th, 2014. A delay in the Teacher's arrival at the School or in the opening of a new School may call for a re-negotiation of the contract period.

Compensation Package
Yearly Salary ₩ 25,200,000 12 months
Severance Pay ₩ 2,100,000 After 1 year contract is completed
Overtime Payment ₩ 25,000
Note: Teacher is responsible for monthly apartment utilities (garbage removal, electricity, water for washing, etc.), management charges (guards, etc.), & telephone bill.
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TheUrbanMyth



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

PostPosted: Wed Apr 09, 2014 7:00 pm    Post subject: Reply with quote

hhaley wrote:
I appreciate any feedback on this contract. I am already thinking of a couple things I will bring up when talking with the school (specifying exact percentages of tax deducted, changing to only national health plan, paying for visa run not one-way ticket).



Letter of Agreement
“The School” and “The Teacher” agrees to a one-year contract (from _____-to ____) for regular full time English teaching as follows.

TEACHER OBLIGATIONS
A. Supervision
The Teacher will work closely with the Academic Supervisor and other colleagues in the planning, observation and review of instruction.
As a member of The School, the Teacher will contribute to the cumulative experience, wisdom and resources of a team dedicated to developing, implementing, and evaluating a comprehensive program for teaching English to Koreans.

B. BEHAVIOR
The Teacher should respect the rules and standards of conduct of the School (written, verbal and tacit) and obey the laws, regulations and ordinances of and the national and local governments. Any teaching or employment other than at the above address shall not be permitted, in accordance with Korean Law. Non-compliance may result in discipline including fines and deportation.

C. Workload
The Teacher will be required to stay at the School a minimum of 9 hours per day (9:00 – 6:30(Kinder) or 10:30 - 20:00(Afternoon)), 5 days a week (M-F). Afternoon teachers will also have intensive classes in the morning for a month (winter and summer) with overtime pay. Kindergarten teachers will also have up to four 80-minute pre-kindergarten classes from 9:00 – 6:30 each year. The Teacher will have 22* 80-minute classes per teaching week. (88 Classes per month) The Teacher is expected to devote at least one hour a day at the School for lesson planning with co-teachers, student evaluations, reporting, consultation with parents, supervision of play, maintenance the English environment during breaks, workshops, teachers meetings, and upgrading one's professional knowledge and skills without additional pay.

Question. I'm wondering what exactly is the name of this School?
The amount of Labor in this Particular place is rather excessive.

Anyway, good hakwons usually have their teachers work 30 40-minute classes a week(if the students are elementary). Which works out to 120 classes a month or 4,800 minutes of class time a month. Now you might think that you have a better deal because you only have 22 classes. But each class is 80 minutes instead of the standard 40. Thus giving you the equivalent of 44 classes weekly instead of 30 or 7,040 minutes of class time. So you are doing roughly 1.5 times the amount of work someone else may be doing for the same pay






D. Duties
Duties may include, but are not limited to;
 teaching
 substitute teaching
 supervision of students
 preparation/production of teaching materials
 curriculum design and implementation
 attendance at teachers’ meetings and workshops
 writing evaluation comments and preparing evaluation reports
 essay and journal correction
 interviewing new students for level testing / classroom assignment
 professional development
 Teacher Training in the School or headquarters

The Teacher’s duties and responsibilities, as well as the academic programs, may be modified, from time to time, after being agreed upon by both the Teacher and the Institute.
The work week will follow the yearly academic calendar issued by The School. Each monthly session consists of 20 working days, totaling 240 working days a year. In the case of missed working days covering the entire year due to national holidays or other factors, make-up classes will be scheduled on a Saturday.

From May to the next May (1 year) there are about 12-13 national holidays that don't fall on a weekend. That means you will be giving up at least 1 Saturday a month to teach makeup classes. (I'm assuming you are ready to leave soon.)



E. Dual Employment Prohibition
The Teacher, after signing the agreement and receiving a work visa, can only legally work for an Institute designated by the School. If the Teacher works for any other institutes, companies, or individuals without the written consent of the School and the Korean Immigration Office, the Teacher shall face legal consequences which will/may include a fine and possible deportation.

F. Staff Meetings and Seminar Days
Staff meetings will be scheduled at the discretion of the School Director.
Attendance is required. Staff meetings will allow time for discussion of topics of current concern within the program such as new policies, procedures, methods of training, instruction, curriculum, and other matters as needed. Staff are encouraged to help work out practical solutions to problems at these meetings. There will be two Teacher Seminar Days held each year for the purpose of professional upgrading, planning new sessions, and preparing classrooms. Teacher Seminar Days may be scheduled on a Saturday and attendance is mandatory. Seminar Days are not considered overtime.

So in addition to the 12 or so make-up Saturdays you are giving up 2 more.

G. Special Research Projects
Any Part of the Teacher workload can be converted into research and development work.

H. Overtime
Overtime teaching is paid 25,000won for one 80-minute class. Overtime will be paid only after 22 teaching units a week have been surpassed.

Which is about $1 dollar over your regular rate.

H. Work Schedule
The work week runs from Monday through Friday in monthly periods. The Teacher's schedule will be assigned by the School Director. The Teacher’s schedule and position may be adjusted any time at the discretion of the School Director.

TEACHER BENEFITS
A. Monthly Salary
The School will pay the Teacher a monthly basic salary of ₩ 2,100,000 the last working day of each month. The monthly salary is based on the monthly teaching session, not a calendar month. Korean income tax, National Pension, & Medical Insurance will be withheld from the monthly salary.

B. Housing
The School will provide each Teacher an apartment/ house. A two-person apartment/house will be provided for a married couple, if both are teaching at the Institute.
The apartment will be contain: TV, refrigerator, washing machine, wardrobes, gas range, beds & bedding, microwave, dining table & chairs, and some eating & cooking utensils.

C. Health Insurance
The Teacher will be covered by Korean National Health Insurance or private Health Insurance. According to the government guideline for teachers, the monthly insurance charge will be shared by the School and the Teacher. Coverage will be from the date of joining to Korean Medical Insurance Union, commencing approximately 3 to 4 weeks after the Teacher's arrival of Korea due to the requirements of immigration and taxation departments.

Get the national health insurance...NOT private.

D. National Pension Plan
In accordance with Korean Law all foreign workers employed by Korean businesses shall pay into the Korean National Pension plan at a rate of 9% (or the ratio stipulated by the Korean National Pension Law) deducted against monthly earnings with the employer's contribution of 4.5%

This is badly written. Yes the rate is 9% (of monthly pay)...but you pay 4.5% and the Employer pays 4.5%. It sounds like he's trying to get you to pay your share and his.

Refund of the National Pension to a teacher who becomes a compulsory insured employee, 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 Teacher, according to Korean Law.

E. Teacher Training
The Teacher shall have a period of training before starting to teach in their School. During the training period, and for the break between the training and the start of teaching, the Teacher will be in the School for classroom observation.
The Teacher will receive briefings from their Academic Supervisor, and the School Director, and will get acquainted with the local institute policies.
During this time the Teacher will receive half the rate of the regular pay.

If you are at work you should be paid in full.

F. Vacation
The 12-15 days of vacation will be scheduled as per the yearly academic calendar which is decided by the School.: normally the vacation would be in the form of one week at the end of July, and one week at the end of December. The above vacation will be included with monthly paid leave and annual paid leave according to Article 47 and 48 of Korean Labor Standard Law.

G. Severance Pay
On completion of the Teacher’s responsibilities of the full contract period, an additional month of regular salary per one year shall be paid as severance pay. If the Teacher, however, does not complete the full period of one year contract, none of the severance pay shall be paid according to Korean Labor Standard Law. Severance pay will be paid by bank transfer no later than one month after the Teacher has left the School.

NO. It should be paid on the last day of work. There is absolutely no reason why it can't be. Well there is a reason...the owner doesn't pay it and simply hopes that you will forget about it. After all if you are back in your home country...how are you going to collect?

Korean severance tax will be withheld. Any outstanding debts will be subtracted from the severance pay.

H. Transportation
The Institute shall pay oneway airfare. A one-way ticket will be provided at the end of completing the contract
In case the Teacher fails to complete the employment by his or her own fault/reason, the Teacher shall not get the one way ticket.
Air tickets provided cannot be exchanged for cash equivalents or transferred to persons other than the School.

TERMINATION
a. The employer reserves the right to dismiss the teacher from employment for the following causes:
b. Neglect his/her duties stipulated in this agreement
c. Frequent absences from work
d. Has received two warning letters
e. The inability to perform the duties stipulated in this agreement
f. The teacher’s criminal or misconduct
g. The employer agrees to dismiss the teacher from employment giving 30 days’ notice. However, in case of the teacher’s criminal or misconduct, he/she is to be dismissed from employment immediately with no warning or notice.
h. In such case as the teacher resigns from employment, he/she can do so giving 30 days notice to the employer.
i. As per Korean Government Visa regulations, the Teacher will be tested for drugs/illnesses (including HIV and TBPE), after arriving in Korea. If the Teacher tests positive, the Institute will terminate his/her contract and the Teacher will be deported according to the new visa regulations. The teacher will pay the fare of hospital test.

Starting days
Although pay starts the days the Teacher starts Teacher Training Program, the effective date of this contract is the first teaching day in the School. The total period of this agreement is approximately one year, commencing from May 7th, 2014. A delay in the Teacher's arrival at the School or in the opening of a new School may call for a re-negotiation of the contract period.

Compensation Package
Yearly Salary ₩ 25,200,000 12 months
Severance Pay ₩ 2,100,000 After 1 year contract is completed
Overtime Payment ₩ 25,000
Note: Teacher is responsible for monthly apartment utilities (garbage removal, electricity, water for washing, etc.), management charges (guards, etc.), & telephone bill.
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Juicetin



Joined: 26 Nov 2013

PostPosted: Wed Apr 09, 2014 9:52 pm    Post subject: Reply with quote

Beleted

Last edited by Juicetin on Mon Apr 21, 2014 12:52 am; edited 2 times in total
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DosEquisXX



Joined: 04 Nov 2009

PostPosted: Thu Apr 10, 2014 3:55 pm    Post subject: Re: Reading town Dongrae Reply with quote

Juicetin wrote:

1. Length of Employment
1. “을”의 계약기간

The employment period under this contract shall be 12 months starting from , 2014 and ending , , 2015. 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 14 days will begin on the day of your first workday.


14 days? That should be 12 months, right?

Quote:

2. Work Place
2. “을”의 근무장소

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 agreement.


Your workplace should be specified in the contract. You shouldn't be shipped out at the whim of your employer.

Quote:

3. Work Hours and Over-time work
3. “을”의 근무시간과 초과근무

1) The workdays of the Employee are Monday through Friday, ( From 2:00 Pm To 9:00 Pm ). Maximum 30 teaching hours a week.
However, teaching hours shall be flexible in accordance with the institutions schedule in this case,
both parties shall be mutually agreed. During the summer and winter vacation periods, the
teaching schedule may change.


This is horribly worded. I assume they're saying that the scheduled hours can be changed if both you and your boss agree. Sounds like the Korean contract was sent through Google Translate and pasted on as the English translation.


Quote:
4. Employee's duties
4. “을”의 의무

3) The Employee must observe her/his class schedules. Furthermore, the Employee shall attend staff meetings and workshops and prepare their classes as required. Those staff meeting, class preparation and workshops are not regarded as overtime.


What are they regarded as? Are they considered part of your teaching hours? Are you paid for these meetings and workshops?

Quote:
6)The Employee shall attend out-of-classroom activities for/with students. Also The Employee shall attend school Events.


Get more information. How many do you have? When are they? Do I get paid for them? What do I have to do for them?

Quote:
8)The Employee shall evaluate the students performance(ex: weekly quiz, mid-term and final-term tests and Book Report) and write a progress report for each student.


How many progress reports? One a month? A week? A year? Progress reports are a pain in the ass. Not like the parents can read English and if they expect you to translate them yourself into Korean then they can go to hell.

Quote:
9) 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.


This is a bad sign. Basically, they're saying that they're going to screw you over and you can't say anything about it. Then they'll use some voodoo math skills to figure out how much damage you owe them? Sure.

Clauses like these are a cause for concern. It is impossible to enforce this. Just seems like some kind of intimidation tactic to me and what kind of academy would want to intimidate its teachers before even hiring them?

Quote:
10) In the event that a dispute arises, both parties shall try to resolve it amicably with understanding of different cultures and customs.


Translation: Do things the Korean way or go home!

Quote:

6. Compensation
6. 보수

1) The Employee shall be paid 2.1 million won per month for the regular working hours on, or before, the 10 of each 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.


Illegal deduction.

Quote:
2) Overtime shall be paid at the rate of 18,000 won based per hour and paid with salary on the payment day.


Wow, 50 cents more per hour! Wonderful!

Quote:
3) When the Employee completes the contract without breaking the contract, the Employer must pay a severance payment equal to one month’s salary.


Get the date when you'll get it in the contract. Though my hunch is that either this won't be paid or you'll get fired before the end of the contract regardless of the situation.


Quote:

7. Housing

1) The Employee will be provided with single/shared APT which is furnished with basic appliances.


Big difference between single and shared. Pick one. Don't let them choose for you.

Quote:
2) The following furnishings are provided: bed and sheets, wardrobe, TV, refrigerator, gas range, basic cooking facilities and utensils, and basic cleaning tools.


No washer and dryer? Enjoy washing your clothes by hand.

Quote:
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.


School's too cheap to even give its teachers free lunches at the schools?

Quote:
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.


This is poorly worded (like most of the contract). Not exactly sure what they mean here.

Quote:
6)The Employee pay a deposit(300,000won) for the housing. The deposit will be deducted from the first salary of the Employee’s salary. The deposit will be refunded to the Employee 1day after the completion of the contract.


Keep in mind that you probably won't get this back.

Quote:

9. Income tax and Medical Insurance
9. 소득세 및 의료보험 공제

2) The Employee shall be covered by medical benefits under the Korean Medical Insurance Union, Government Health Organization. Half of the premium shall be paid by the Employer with the other half paid by the Employee. The Employer shall deduct the of premium from Employee’s salary for his/her portion of the monthly premium and a receipt shall be provided to the Employee.


No private plans. Only accept NHIC coverage. Anything else is a scam.

Quote:
3)The Employer shall join the Korean National Pension accordance with Korean Law. Half of the premium shall be paid by the Employer with the other half paid by the Employee. The Employer shall deduct the premium from Employee’s salary for his/her portion of the monthly premium and a receipt shall be provided to the Employee.


Have the percentages specified.


Quote:
10. Cancellation
10. 해고

Cool The instructor should examine the medical checks ( including HIV, TBPE, Cannabinoid (THC)) after coming Korea.
 If the instructor tests Positive, The Employer may terminate this contract. And the instructor has to reimburse all of the cost of the plane ticket to the employer for coming.  Also, the instructor has to reimburse all of the cost of hiring the instructor. (Commission for agency,  and so on) , the instructor should leave Korea by yourself.


Bolded is straight BS. I'd have that removed as a condition to take this job.

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

Good thing you came here first. This contract is trash. It's poorly written, extremely vague and has some laughable clauses in it. Consider sending a video to the school of you urinating on a copy of it to emphasize your disdain. This is an example of a school you don't want to work for.
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Juicetin



Joined: 26 Nov 2013

PostPosted: Thu Apr 10, 2014 7:49 pm    Post subject: Reply with quote

Well that is.. pretty damning. Based on what you've said even if the kinks were ironed out I'm in for a bad time. I was pretty intent on that place too, seriously thanks for looking over this.
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Juicetin



Joined: 26 Nov 2013

PostPosted: Fri Apr 11, 2014 1:02 am    Post subject: Reply with quote

Well I spoke to the recruiter who is willing to forward through changes to the contract. Do you think this is at all fixable or a straight-up abort? The reason I'm asking is because I am aware hagwons can be pretty bad, but I wonder if the contract just makes it seem worse than it is. This is my first time teaching so I'm not terribly practiced with this kind of thing Smile

I also spoke to a teacher working there (in private) who I will be replacing who seemed to think it was fine. Although, I have heard that sometimes teachers won't always be honest because they need to find someone to fill their position to get paid.. is this correct?

Do you think if I requested the following changes and they were accepted, it would be reasonable? Keep in mind money is not a big priority for me, I'm more worried about conditions.

Quote:

1. Length of Employment
1. “을”의 계약기간

The employment period under this contract shall be 12 months starting from , 2014 and ending , , 2015. 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 14 days will begin on the day of your first workday.

14 days? That should be 12 months, right?



They will change it to 12 months.

Quote:

2. Work Place
2. “을”의 근무장소

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 agreement.


Your workplace should be specified in the contract. You shouldn't be shipped out at the whim of your employer.



I will ask them to specify that I will remain at the same campus.

Quote:

. Work Hours and Over-time work
3. “을”의 근무시간과 초과근무

1) The workdays of the Employee are Monday through Friday, ( From 2:00 Pm To 9:00 Pm ). Maximum 30 teaching hours a week.
However, teaching hours shall be flexible in accordance with the institutions schedule in this case,
both parties shall be mutually agreed. During the summer and winter vacation periods, the
teaching schedule may change.


This is horribly worded. I assume they're saying that the scheduled hours can be changed if both you and your boss agree. Sounds like the Korean contract was sent through Google Translate and pasted on as the English translation.


Quote:

4. Employee's duties
4. “을”의 의무

3) The Employee must observe her/his class schedules. Furthermore, the Employee shall attend staff meetings and workshops and prepare their classes as required. Those staff meeting, class preparation and workshops are not regarded as overtime.

What are they regarded as? Are they considered part of your teaching hours? Are you paid for these meetings and workshops?


I spoke to the teacher about this, they never work past their normal hours, but I will ask them to specify that I *do* get paid for these sessions.

Quote:


9) 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.


This is a bad sign. Basically, they're saying that they're going to screw you over and you can't say anything about it. Then they'll use some voodoo math skills to figure out how much damage you owe them? Sure.

Clauses like these are a cause for concern. It is impossible to enforce this. Just seems like some kind of intimidation tactic to me and what kind of academy would want to intimidate its teachers before even hiring them?



I've asked for that clause to be removed.

Quote:

10) In the event that a dispute arises, both parties shall try to resolve it amicably with understanding of different cultures and customs.

Translation: Do things the Korean way or go home!


Ditto (I understand it won't change the attitude though :/ )

Quote:

6. Compensation
6. 보수

1) The Employee shall be paid 2.1 million won per month for the regular working hours on, or before, the 10 of each 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.

Illegal deduction.


Ditto again.

Quote:

3) When the Employee completes the contract without breaking the contract, the Employer must pay a severance payment equal to one month’s salary.

Get the date when you'll get it in the contract. Though my hunch is that either this won't be paid or you'll get fired before the end of the contract regardless of the situation.


I don't completely understand how this works - are you saying that they should specify that my contract ends on xx/yy/2015? Even if they specify this, does that in any way shield me from getting fired at 11 months?

Quote:

7. Housing

1) The Employee will be provided with single/shared APT which is furnished with basic appliances.

Big difference between single and shared. Pick one. Don't let them choose for you.


Confirmed single, but I will get it in writing.

Quote:

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.

This is poorly worded (like most of the contract). Not exactly sure what they mean here.


I'll get clarification here.

Quote:

9. Income tax and Medical Insurance
9. 소득세 및 의료보험 공제

2) The Employee shall be covered by medical benefits under the Korean Medical Insurance Union, Government Health Organization. Half of the premium shall be paid by the Employer with the other half paid by the Employee. The Employer shall deduct the of premium from Employee’s salary for his/her portion of the monthly premium and a receipt shall be provided to the Employee.

No private plans. Only accept NHIC coverage. Anything else is a scam.


I've been told it is NHIC coverage, again I will get that written in the contract.

Quote:

3)The Employer shall join the Korean National Pension accordance with Korean Law. Half of the premium shall be paid by the Employer with the other half paid by the Employee. The Employer shall deduct the premium from Employee’s salary for his/her portion of the monthly premium and a receipt shall be provided to the Employee.

Have the percentages specified.


Are you saying they should specify 50% paid by the employer and 50% paid by the employee? Saying 'half' doesn't cut it? Maybe I'm confused here.

Quote:

10. Cancellation
10. 해고

Cool The instructor should examine the medical checks ( including HIV, TBPE, Cannabinoid (THC)) after coming Korea.
If the instructor tests Positive, The Employer may terminate this contract. And the instructor has to reimburse all of the cost of the plane ticket to the employer for coming. Also, the instructor has to reimburse all of the cost of hiring the instructor. (Commission for agency, and so on) , the instructor should leave Korea by yourself.

Bolded is straight BS. I'd have that removed as a condition to take this job.


I think what you mean here is that if for some reason I fail the medical exam, I will be lumped with a fee from the recruiter and the airfare? Are you saying that in this case the school should have to pay for that?

Anyway, I guess I didn't get a bad feeling from the existing teacher so I'm unsure if it's totally bad, or just has some rough edges. Apparently the director doesn't speak English (again, not a great sign) which may be the reason for the poor English, but the teacher I spoke to said she's able to communicate through the Korean teacher at the school.

Anyway, with these changes do you think this would redeem them at all or do you think I should just hit the abort button?
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DosEquisXX



Joined: 04 Nov 2009

PostPosted: Fri Apr 11, 2014 11:45 am    Post subject: Reply with quote

Juicetin wrote:
Well I spoke to the recruiter who is willing to forward through changes to the contract. Do you think this is at all fixable or a straight-up abort? The reason I'm asking is because I am aware hagwons can be pretty bad, but I wonder if the contract just makes it seem worse than it is. This is my first time teaching so I'm not terribly practiced with this kind of thing Smile


Recruiters are not capable of changing the contracts on the academy's behalf. Tell the academy directly and have them send you a new contract. Otherwise, you'll sign the corrected contract only to find that it was the recruiter who made the changes and that the academy was unaware of it.

Quote:
I also spoke to a teacher working there (in private) who I will be replacing who seemed to think it was fine. Although, I have heard that sometimes teachers won't always be honest because they need to find someone to fill their position to get paid.. is this correct?


Sometimes a teacher is given a bit of a bonus to find a new teacher on behalf of the school. Doing that means that the academy doesn't have to pay a recruiter for their services and instead pay you a pittance for saving them cash.

Quote:
Quote:

2. Work Place
2. “을”의 근무장소

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 agreement.


Your workplace should be specified in the contract. You shouldn't be shipped out at the whim of your employer.



I will ask them to specify that I will remain at the same campus.


No. Ask them to put the address of the school you are working at in the contract. My contract had the location I was working in written at the beginning of the contract. Shouldn't be a problem for them to do that.

Quote:
Quote:

. Work Hours and Over-time work
3. “을”의 근무시간과 초과근무

1) The workdays of the Employee are Monday through Friday, ( From 2:00 Pm To 9:00 Pm ). Maximum 30 teaching hours a week.
However, teaching hours shall be flexible in accordance with the institutions schedule in this case,
both parties shall be mutually agreed. During the summer and winter vacation periods, the
teaching schedule may change.


This is horribly worded. I assume they're saying that the scheduled hours can be changed if both you and your boss agree. Sounds like the Korean contract was sent through Google Translate and pasted on as the English translation.


Quote:

4. Employee's duties
4. “을”의 의무

3) The Employee must observe her/his class schedules. Furthermore, the Employee shall attend staff meetings and workshops and prepare their classes as required. Those staff meeting, class preparation and workshops are not regarded as overtime.

What are they regarded as? Are they considered part of your teaching hours? Are you paid for these meetings and workshops?


I spoke to the teacher about this, they never work past their normal hours, but I will ask them to specify that I *do* get paid for these sessions.


It's highly unlikely that you'll get paid for those extra sessions. You can ask, but don't be stunned if the answer is not to your liking.

Quote:

6. Compensation
6. 보수

Quote:

3) When the Employee completes the contract without breaking the contract, the Employer must pay a severance payment equal to one month’s salary.

Get the date when you'll get it in the contract. Though my hunch is that either this won't be paid or you'll get fired before the end of the contract regardless of the situation.


I don't completely understand how this works - are you saying that they should specify that my contract ends on xx/yy/2015? Even if they specify this, does that in any way shield me from getting fired at 11 months?


Get it specified that it will be paid on a certain date (such as the last day of your contract). Getting it specified doesn't protect you from getting fired at 11 months, but should that not happen you know when you'll get that severance pay.

Quote:
Quote:

3)The Employer shall join the Korean National Pension accordance with Korean Law. Half of the premium shall be paid by the Employer with the other half paid by the Employee. The Employer shall deduct the premium from Employee’s salary for his/her portion of the monthly premium and a receipt shall be provided to the Employee.

Have the percentages specified.


Are you saying they should specify 50% paid by the employer and 50% paid by the employee? Saying 'half' doesn't cut it? Maybe I'm confused here.


The payment into pension is 9% (4.5% from you, 4.5% from the employer). Those are the numbers that should be in there.

Quote:
Quote:

10. Cancellation
10. 해고

Cool The instructor should examine the medical checks ( including HIV, TBPE, Cannabinoid (THC)) after coming Korea.
If the instructor tests Positive, The Employer may terminate this contract. And the instructor has to reimburse all of the cost of the plane ticket to the employer for coming. Also, the instructor has to reimburse all of the cost of hiring the instructor. (Commission for agency, and so on) , the instructor should leave Korea by yourself.

Bolded is straight BS. I'd have that removed as a condition to take this job.


I think what you mean here is that if for some reason I fail the medical exam, I will be lumped with a fee from the recruiter and the airfare? Are you saying that in this case the school should have to pay for that?


It is illegal for them to force you to pay for the recruiter that they hired. Plus, you have no idea what that fee is. They could claim it's 100,000,000 won and you'd still have to pay it.

False positives for drug tests are not uncommon. I remember one of my friends getting rejected because he took a sleeping pill the night before the test and it showed up. He got shipped out even when he proved that it wasn't an illegal substance.

Quote:
Anyway, I guess I didn't get a bad feeling from the existing teacher so I'm unsure if it's totally bad, or just has some rough edges. Apparently the director doesn't speak English (again, not a great sign) which may be the reason for the poor English, but the teacher I spoke to said she's able to communicate through the Korean teacher at the school.

Anyway, with these changes do you think this would redeem them at all or do you think I should just hit the abort button?


I would want to be able to communicate with my boss should a problem arise. That's a condition that I have for my job. If I can't communicate with my superior, then I want nothing to do with it. I don't trust going through any intermediary. Korean teachers can be vicious should they choose to be that way.

I wouldn't even bother trying to get changes. There are too many that have to be made. It's easier for them to find somebody else given the ton of applicants they can leaf through who won't ask any questions rather than having to deal with a more savvy teacher.
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