Korean Job Discussion Forums

[YTMND]

[PatrickBateman]

Thank you.

I found out they don't pay pension and you have to work Saturdays.

[quails]

This EMPLOYMENT AGREEMENT has been made between
(Herein after called “Employer”), and... a citizen of United States
of America whose domicile is at _______________________________________
(hereinafter referred to as “Employee”)
Employee has been selected and approved by Employer, to teach the English
language; therefore, Employer and Employee, in consideration of the mutual
promised and covenants contained herein, agree as follows:
1. EMPLOYMENT OF EMPLOYEE
Employer hereby employs Employee to teach the English language in form,
manner and under the terms and conditions set forth in this Agreement.
Employee hereby accepts employment from Employer to teach the English
language in the form, manner and under the terms and conditions set forth in this
Agreement.
2. PLACE OF EMPLOYMENT
Employee will be employed to teach the English language at the address of the
principal office as above (hereinafter referred to as “Institute”).
The teacher will be required to teach timetabled programs to students legally
registered at the school the teacher is officially and legally employed at. (As per
immigration registration)
3. TERM OF RENEWAL
3.1 The term of this Agreement shall be twelve (12) full and consecutive months
from first day onsite at the Institute in Korea, specified in Section 2 of this
contract.
3.1No later than three (3) full months before the date of termination of this
Agreement Employer and Employee shall consult together and shall agree
either to an extension or termination of it. In the event the parties agree upon
a termination, this Agreement shall end as of the date of termination set forth
herein above.
4 DUTIES OF EMPLOYEE
4.1During the term of this Agreement the Employee shall accept, obey, and
strictly comply with the instructions, supervision, training, and discipline of
the Academic Director and shall carry out such assignments as directed by the
Academic Director. These duties shall include ESL instruction in all phases of
the program, administrative duties related to the Employee, classroom duties,
administrative at scheduled staff meetings, workshops, and school-sponsored
outings, and any other duties with are appropriate may be assigned by the
Academic Director. The Academic Director is responsible for establishing
standards of performance relative to the Employee and empowered to take
necessary steps to assure that those standards are met.
4.2The employee will be required to complete work assigned for a total time
of approximately 120 class hours a month ( up to 30 hours a week ) The
academic director can request the employee to work up to (40 hours) a week
with any hours worked over (30 hours a week) being at an overtime rate of
(30,000 won) an hour.
4.3 . The teacher would be expected to be at school at least 1 hour prior to the
start of the first lesson and always be prompt to attend all timetabled classes
during the day. The teacher should stay at Institute during working hours. The
teacher is also expected to do suitable professionally organized preparation,
prior to any classes, and may be requested to attend organized staff meetings,
and evaluate and report students’ progress.

4.4 Employee shall not be permitted and shall not have the right to work outside
of Institute.
4.5Employee understands and agrees that at all times during the term of this
Agreement, Employee shall strictly obey all laws, regulations, provisions,
instructions, and guidance from the Government of Korea or any local
government or officials thereof.
COMPENSATION AND OTHER TREATMENT OF EMPLOYEE
5.1 Salary
The institute shall pay employee a monthly base salary of (_ 2.1 million won)
Each monthly session is approx 120 hours). Payment of the salary will be
in won. This payment will be made on school pay day one month later from
the first teaching day. Pay day is on the 5th day of each month .All applicable
Korean taxes(Pension, Health insurance) will be deducted and a pay docket
provided to the employee showing all hours worked, total payments and all
deductions made.
5.2 Severance Payment
Employee will be given an additional one/twelfth of annual salary for
completing the contract period. This amount will be paid at the time of, and
is dependent on, completion of the full contract term. This amount is also
subject to Korean income and resident taxes.
5.3 Paid Vacation and Paid Sick Leave
• An employee will receive A total of 10 days paid holidays. Korean
public holidays falling on a normal working day will be paid.
These holiday days will be taken:
1. At a time negotiated between the employer and employee.
2. On days designated by the employer. For example if the school closes on a
non-Korean public holiday, This will count as one of your holidays.
3. Accumulated to be taken at certain time agreed upon by both employer and
employee.
• A paid day equals 6 basic teaching hours pay.
• NB: There is no guarantee that any paid days will be issued in one
successive block.
• There is no guarantee that two teaching staff members will be allocated
holiday leave at the same time.
(Plus national holidays that fall on normal working day will be paid, and taken
on the days they traditionally occur.)
5.4 Emergency Leave
Employee shall be eligible to receive up to six (6) days of unpaid emergency
leave in any year of employment at Institute in the event of death or serious
illness in Employee’s immediate family. The immediate family of Employee
for the purpose of this paragraph shall only be applicable to parents,
grandparents, grandchildren, spouse and children, brothers, and sisters. Such
emergency leave shall be granted at the sole discretion of Institute after close
consultation with the Academic Director. Only under special circumstances
will more than six (6) days be approved for the purposes of emergency leave.
NB: In the event of an emergency situation, related couples who have the
same employer must come to a negotiated agreement that applies to both the
Korean law requirements and school staffing requirements.
5.5 Housing
The institute will select and provide free of charge to the employee either a
single non share apartment or a shared two or three bedroom apartment. In the
event of shared housing being provided, each teacher will be guaranteed their
own private bedroom and agree to share any communal areas such as kitchen
and bathroom.

5

The institute will provide suitable furnishings, such as bed, wardrobe, TV,
kitchen table and chairs refrigerator, washing machine, kitchen utensils,
cooking stove, etc. The cost of any land based telephone, installation,
reconnection costs for an existing phone and payment of monthly rental and
tolls is the full responsibility and cost of the employee
5.6 Maintenance Costs
The cost of monthly utilities for the employees housing such as management
fee and gas and electricity and water will be the responsibility of the
employee. If the institute deducts any utility costs from the monthly salary of
the employee, invoices for these costs must be provided to the employee.
5.8 Transportation
1.Employer will pay for an economy class airfare from their nearest
international airport in their home country to their employment city to Korea.
The first half of the airfare will be paid after one month later the Employee
arrive in Korea and the rest of the airfare will be paid after 6 months.
2.If the Employee completes the full contract period, Employer will purchase
for the Employee an economy class ticket for passage on a regularly scheduled
airline to the point of hire from Korea, or a ticket of equal value. The return
air ticket will be provided at the time of the termination of employment.
3. In the event that the extension of the Employment Agreement between the
Employer and the Employee is met, the return air ticket will be provided at the
time of completion of the subsequent contract period(s).
4.In the case of the Employee resigns voluntarily, or is correctly and legally
dismissed within the first 6 months, the employee is responsible for repaying
to the employer (prior to leaving Korea), the equal amount of airfare paid for
them to travel to Korea.
5.If the instructor is in Korea, or has been requested to arrive in Korea without
the finalized visa stamped in their home country, the institute will immediately
provide visa-run (to Japan) sponsorship (airfare and costs).
DRESS CODE
Teachers at all institutes are expected to dress in a tidy and well-presented manner
while teaching and while on the Institute premises. Ripped blue jeans, shorts,
sandals are not considered appropriate dress. All clothes worn are to be clean and
neatly pressed. Koreans generally dress conservatively.
DISMISSAL BY INSTITUTE
7.1Institute shall have the right at its sole discretion to dismiss Employee for
clear and frequent neglect of duties under this Contract Agreement. Including,
but not limited to frequent absences from Institute without the approval of
the Academic Director, or good reason thereof, or for manifest inability to
perform duties as set out under this Agreement. Provided, however, before
any such dismissal, Employee shall be warned in writing of dissatisfaction
with performance or shall be afforded at least ten(10) days in which to remedy
the situation.
7.2 In the event of a teacher being dismissed for reasons other than described in
section 7.1, a period of 30 days notice in writing, (or payment in lieu of) must
be given to the employee as per the labor law requirements.
7.3In the event of the employee wishing to leave the institute, a period of 60
days notice must be given (in writing) and all outstanding debts, such as
the repayment of the airfare and travel costs paid to the employee to come
to Korea, (or to travel to Japan) house utility costs, relocation costs, visa
issuance and courier costs, must be paid back to the school prior to departure.
The school must pay the employee correctly for all classes taught during this
month. The teacher must also agree to work in a considerate manner for these
30 days of notice, undertaking all timetabled responsibilities and preparing

6

7

for the replacement teacher. At no stage can other costs, not mentioned in this
contract, be requested for repayment from the employee.
7.4 Deliberate breaches of this contract and covenant conditions, Criminal or
other serious conduct inside or outside the Institute, or being involved in
activities that would seriously jeopardize the reputation or personnel of the
school, its management, its students, or its’ staff, will be cause for immediate
dismissal and no warning or time for remedy will be allotted.
7.5In the event Employee is dismissed for any of the reasons set forth above
Institute shall have no duty and shall not be obligated to pay the cost of return
transportation to the point of hire for Employee
COVENANTS
8.1Employee here by agrees, covenants, and undertakes that he/she will not
undertake any teaching duties or employment with any persons or organization
other than Employer without prior written approval from Employer of the
specific employment contemplated by employee. Failure to comply with this
article is cause for immediate dismissal.
8.2Employee here by agrees, covenants and undertakes that he/she will not
disclose in any public forum or for publication the following:
• Teaching materials, syllabus details, or any other information relating to
the academic program, whether verbally or in written form, to individuals
or company owners
• Employment or recruitment related issues that may have been part of a
contract negotiation process.

8

9

MERGER CLAUSE
This Agreement constitutes the entire understanding between the parties
hereto with respect to the subject matter here of, and supersedes all previous
negotiations, commitments, and writings with respect here to. No modification
of this Agreement will be binding or have any legal effect unless set forth in a
written agreement amending this agreement and signed by both parties here to.
Furthermore, this contract nullifies and voids any previous contract between the
two parties.
Employer and Employee have executed this Agreement on the date indicated
below.

[YTMND]

[quails]

Thanks for the quick response!

[YTMND]

[machina1985]

Contract:-

1. Schedule
The number of regular working hours will be 120 teaching hours per month, Monday through Friday
Class preparation time is not included in above 120 teaching hours. Classes and teaching schedules will be organized and will be flexible in accordance with the needs and situations of the school and children. No regular schedule of work hours can be guaranteed to the Employee.
It is mandatory for the teachers to attend regular workshops on Saturday, which are held by the head office. This is not included within the 120 hours or overtime.

2. Pay/Overtime
The Employer agrees to pay the Employee a basic salary _2,100,000___ Korean Won per month.
The salary will be paid to the Employee on the First of the next month regularly. As for the overtime teaching beyond 120 teaching hours per month, the Employee will be paid eighteen thousand Korean won (18,000) per hour.
Payment made for assigned teaching periods is inclusive of payment for preparation and administrative
duties connected with those assigned classes such as attending the staff meeting and training workshops,
evaluating children levels and other similar participation scheduled by the Employer to assist the Employee’s professional development.

3. Severance Payment
The Employee will be given a bonus of one month pay (This means severance payment) for completing their one year contract period. This amount will be paid at the time of, and is dependent on, the completion of the full contract term.

4. Air Ticket
The employer agrees to provide the Employee a round trip ticket to Korea. However, in the event the
The Employee fails to complete the full contract term, Employee agrees to reimburse Employer the cost
of the said airfare. When the contract is completed, the Employee has a right to ask for money to be paid for return portion of the ticket back home.
.

5. Housing
The Employer will provide a private furnished housing for the Employee with the rental at the Employer’s Cost. Providing bed, sofa, refrigerator, kitchen tools, etc. .
The employee will pay the running cost of the accommodation (including electricity, gas, water bills, apartment management fee, telephone and other utility chares) other than the rental of the housing.

6. Medical Insurance
The Employer agrees to provide medical insurance for the Employee. The premium cost will be borne half by the employer and half by the employee. Dental Insurance is not included in the Contract. Pre-existing conditions occurring with the Employee before arrival in Korea are not valid.

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

8. Teaching Materials
The Employee will be given materials to teach to the class. The Employee may be expected to work
alone without a Korean English teacher’s assistance.

9. Holidays/ Lateness / Absence
Holidays will include all Korean national holidays (13-15 days), and school holidays (five days). The employee will have 10 days vacation (five days during the summer vacation and five days during the winter vacation). This will exclude Korean national holidays.
Lateness : If the employee is late to the class 10 minutes without notification, on hour rate of payment
may be deducted.
Absence: non approved absence will be a cause for early termination.

10. The Employee’s Obligation
1) The Employee shall observe the Employer’s work system and regulations concerning administration of foreign teachers and shall accept the Employer’s arrangement, direction, supervision and evaluation in regard to his/her work.
2) Without the Employer’s consent, the Employee shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with the Employer.
3) The Employee shall complete the tasks agreed on schedule and guarantee the quality of work.
4) Professional dress and grooming in the work are essential to maintain the desired reputation to the school. The Employer shall establish general guidelines for this.
5) The Employee shall be expected to prepare daily topics for the class beforehand. In addition,
He/she shall make lesson plan ( daily / monthly ) before the start of the classes at every month.
6) The Employee can be required to attend all the staff meetings and workshops. If the Employee must be absent, he/she will inform the Employer prior to the meeting.
7) The Employee must behave in a professional manner during class or when socializing with students after class.
The Employee can be required to interview new students and evaluate their placement level.
9) The Employee shall not be absent without the Employer’s permission 2 days in advance notice.
10) The Employee shall respect the Korean people’s moral standards and customs.
11) The Employee shall not sexually harass students in his/her charge.
12) Any form of physical punishment will not be tolerated from the Employee.
13) At all times during the terms of this agreement, the Employee will directly adhere to and obey
All the rules and regulations that have been or may hereafter be established, by the Employer for
the contract of the Employee or generally for the conduct of instructors at the place of employment.
14) If the Employee cannot complete the full of contract term, he/she must refund airfare fee.
15) Saturday lesson will be no more than 2 days a year.

11. Taxes
Taxes and deductions in compliance with Korean Law shall be withheld automatically from the Employee’s monthly salary. The deductions will include income tax, residence tax, and medical insurance and so forth if any, from monthly and severance payment.
The total of the income and residence tax will be 4 to 6%.

12. Relocation and Orientation Time
The Employee will be allowed several days from the date of arrival in Korea for adjustment and school
orientation before regular teaching duties.
Computation of initial pay period of the Employee will commence from the first teaching day. The orientation days will spent in the school institute preparing for classes and learning instructional system.


13. Renewal of Agreement
Upon completion of one year teaching period, both parties can renew the agreement under mutual consent. The Employee agrees to give written notification 60 days in advance of intention of renewing the contract.

14. Termination
The Employer reserves the right to terminate this contract with the written notice to the Employee under the following conditions.
1) The Employee does not fulfill the contract obligations according to the terms stipulated, and fails to amend after the Employer has pointed it out.
2) According to the doctor’s diagnosis, the Employee can not continue normal work.
3) Blatant misconduct by the Employee either professionally or otherwise.
4) The Employee or dependents violate Korean Law.
5) The students in the Employee’s classes complain about the Employee and/or the Employee’s teaching method.
The Employer and the Employee may terminate the contract by giving 60 days advance notice in writing with proper reasons accepted by both parties. Proper reasons and adequate grounds must be provided in order for the contract to be dissolved. If the Employee wants to terminate the contract before the contracted date without acceptable cause, the Employee will pay back the Employer all the relevant expenses such as recruiting fee, airfare, E-2 visa run, and other costs spent by the Employer according to the contract as stipulated herein.


These are the issues I have identified myself:

Section 1

- "No regular schedule of work hours can be guaranteed to the
Employee." - The hours are supposed to be fixed, but it refers to a
120 hour maximum to normal working hours. I've worked out that I'd be
doing 110 hours a month, that's if each hour is really an hour - the
actual class hours may be shorter. I don't think they can screw me too
much with this but I'm inclined to ask if it can make reference to my
hours.

- "It is mandatory for the teachers to attend regular
workshops on Saturday, which are held by the head office. This is not
included within the 120 hours or overtime." - This has never been
mentioned, I'm not sure this would happen in practice (it could just
be a standardised contract for the franchise). I don't want to commit to this though.

Section 4

- The first sentence confirms the roundtrip ticket, but not advance
payment (which has been agreed. The headteacher confirmed in an email that it would be paid in advance though. I don't like the last sentence which talks about the 'right to ask', - should read more like 'entitled to payment' or something I think...

Section 9

- Nothing on sick pay. From what I have found online, they often have
3 paid days - I also read that this is the statutory legal minimum in
Korea?

If anyone can give me any advice on the issues I have identified, or highlight any other issues in the body of the contract, it would be much appreciated.

[machina1985]

I didn't list the specifics of this position:

Based in Daegu, teaching Elementary and Middle School Students, working hours 2-9:30pm, teaching hours are 4-9:30pm.

[YTMND]

[YngwieJ]

New member here. I was just offered my first job in Korea and after looking through this thread I'm really concerned about the contract I was offered. Can someone look it over and let me know if I should even pursue this job? Thank you.


ONE-YEAR CONTRACT

* Contract Duration: From to

This EMPLOYMENT AGREEMENT has been made this day between the above mentioned ‘Employer’, and the above mentioned ‘Teacher’, , under the terms and conditions set forth below.

Both parties agree on the following terms and conditions:



CLAUSE 1 (APPOINTMENT)
a. The employer agrees to employ the teacher during the period stipulated herein.
b. The teacher agrees to accept employment and will work in his/her full capacity for the school.


CLAUSE 2 (PERIOD OF EMPLOYMENT)
a. The total Agreement term is for one year, commencing from the first teaching day, and ending on the last teaching day of the teacher's twelfth full teaching session.
b. During the duration of this contract and without prior consent of the employer, the teacher cannot seek another job position.
c. By the end of the duration of this contract, the employer or the teacher can suggest a contract extension.



CLAUSE 3 (THE EMPLOYER’S RESPONSIBILITIES)
a. The employer is required to provide support to the teacher in his/her full capacity, working together to provide quality English instruction under the terms stated in this contract.
b. The employer will honor the terms and conditions of employment, as stated within this contract.
c. The employer will guarantee the teacher a salary of 2.1 millions Korean won per teaching session in consideration of the teacher’s teaching hours and proper preparation for the classes.

CLAUSE 4 (THE TEACHER’S RESPONSIBILITIES AND DUTIES)
a. During the terms of this Agreement, the teacher must cooperate and comply with the instructions and disciplines of the school. Assisting the ‘Supervisor’ or ‘Director’ he/she must carry out assignments as directed by the employer. The ‘Supervisor’ or ‘Director’ will be responsible for establishing and communicating the ‘Standards of Performance’ as related to the duties stated in this contract.

b. The teacher MUST be adequately prepared for the classes in advance, preparing a detailed lesson plan for every class, every day.
c. At all times during the term of this contract, teachers must maintain a clean and neat appearance. While suits and ties are not mandatory, a professional appearance is desirable. (No t-shirts, shorts, holes in clothing, visible piercing(s), etc.)
d. The teacher’s work will include the following:
① Teaching English to students (Target students’ ages: 6 ~ 16)

② Develop educational programs and materials, expanding off of what is already provided in the school curriculum

③ Curriculum design and implementation

④ Indoor/outdoor classroom activities for/with students

⑤ Level testing, grading, evaluation, and assessment of students

⑥ Providing students with individualized care

⑦ Attending teacher’s meetings, training, and workshops

⑧ Other related activities and requirements



CLAUSE 5 (WORKING HOURS)

a. During the term of this Agreement, the teacher should work in cooperation with the Supervisor or Director from 2 p.m. to 10 p.m. Monday through Friday, and during special events.

b. The Teacher will be required to attend some special events throughout the year (Workshops, graduation ceremony, etc.), which may fall on a Saturday. Teachers do not receive additional compensation for these days.

c. The teacher agrees to teach 6 hours a day, while adequately preparing for each class. (Each session is approximately one month in duration)


CLAUSE 6 (SALARY AND OVERTIME RATE)
a. The employer agrees to pay the teacher salary of 2.1 million won for a session and preparation for classes.

b. The payment of the teachers’ salary is to be made on 1st of each month, after the required work is completed.

d. Each teaching hour exceeding the 6 hours/day will be considered as overtime. The payment for the overtime will be 20 thousands won per each teaching hour.

d. Attendance at scheduled staff meetings and workshops, along with preparation for classes is mandatory and not considered as overtime.



CLAUSE 7 (TAX)

Income tax and inhabitants’ taxes will be withheld from the salary in accordance with the Korean laws.



CLAUSE 8 (TRANSPORTATION)

a. Round trip economy airfare is provided with the one-year contract from the teacher’s nearest airport to the international airport in Korea. Transportation from the airport to the school where the teacher will be teaching will be provided.
b. If the teacher leaves the school prior to completing 12 months for any reason as agreed to in this contract, the teacher must reimburse the school the cost of the airfare paid by the school or the school may deduct the equivalent amount from the teacher’s last month’s pay.



CLAUSE 9 (ORIENTATION PERIOD)

a. Upon arrival in Korea, the teacher will be guaranteed three days for orientation, training, and general time to settle down, before being expected to begin his/her regular teaching work.

b. During the orientation period the teacher is required to attend the official training at the school, learning about the school system. Upon completion, the teacher will become a certified teacher.



CLAUSE 10 (MEDICAL INSURANCE)

a. Medical insurance is to be provided by Korean Medical Insurance Union or a different private health insurance company/organization.

b. Half of the insurance premium is to be paid by the employer, while the other half is to be covered by the teacher.





CLAUSE 11 (VACATION & HOLIDAYS)

The teacher will be allowed holidays during national holidays, while vacation days are allowed only during the days allowed by the school.



CLAUSE 12 (ACCOMMODATIONS)

a. The school will provide the teacher with furnished accommodation.

b. Furnishings being provided by the employer include: television, refrigerator, washing machine, bed, wardrobe, fan, kitchen table, basic utensils, chairs, two-burner gas hot plate, and a telephone. The teacher will be expected to provide his/her own pillow, pillowcase, and sheets, etc.

c. Selection of the apartment and its location is to be made by the employer, and will be made without consulting with the teacher.

d. The deposit and monthly rent is the full responsibility of the employer.

e. Any and all other living costs are to be the full responsibility of the teacher. (All utilities: gas, electricity, telephone, cable, internet, etc.)

f. For the first three months, the Employer will withhold a safety deposit of 100,000 Korean won each month, for a total deposit of 300.000 Korean Won. This deposit is used to pay off utility and telephone charges unpaid at the resident, if any. After the employer clears all utilities and miscellaneous bills and conformation is received, the deposit (minus any remaining dues) is to be returned to the teacher. However, if the total remaining dues exceed the 300,000, the teacher is entirely responsible, and is to satisfy all debts with the employer and/or utility companies.

g. Any and all unpaid balances of services utilized while residing at the furnished apartment is the responsibility of the teacher. Bills have been paid will be transferred to the teacher’s account back home two months after the termination of the contract.



CLAUSE 13 (SEVERANCE PAYMENT)

Upon completion of this one-year contract, the teacher will receive a severance payment of 2.1 millions Korean won, equal to one month’s salaries, in accordance with Korean Laws. This payment will be made at the time of completion of the contract period and any and all income taxes are to be withheld.



CLAUSE 14 (DISMISSAL OR VOLUNTARY RESIGNATION)

a. The employer reserves the right to dismiss the teacher from employment for the following causes:

①. Neglect or inability to perform his/her duties stipulated in this agreement

②. Frequent absences from work

③. Receiving two warning letters

④. Criminal behavior or misconduct according to Korean Law.

⑤ Failure to fulfill one’s duties or damaging the business operation of the school due to reasons of the teacher’s interests in employment elsewhere.

b. The employer agrees to give the employee the courtesy of 20 working days notice in the event of dismissal. However, in the case of a teacher’s criminal behavior, misconduct, or with any discretion thereof, he/she will be dismissed from employment immediately, without warning or notice. Overall, the employer reserves to right to dismiss an employee at anytime.

c. In the event the teacher resigns from employment, he/she can do so giving 30 working days notice to the employer.





CLAUSE 15 (GOVERNING LAW & JURISDICTION)

a. This Agreement is governed under the laws of the Republic of Korea and any breach of this contract, of any form, may result in prosecution through the legal system in the Republic of Korea.

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


In witness thereof, we have affixed our signatures hereon.

[YTMND]

[Gingerjames90]

Hello, Everyone.

First off i'd like to give a huge thank you to anyone and everyone who helps me out reviewing this contract.

I've identified a few issues with it, these have been marked with a '(??????)' symbol. If you find anything else then please tell me.

Huge thank you again





EMPLOYMENT CONTRACT
Of


For

__


EMPLOYMENT CONTRACT

The following contract is an employment contract between to be referred to as the "Instructor" and
in Inchoen city, South Korea to be referred to as the "Institute" from this point forth.


1. Job position
This contract is entered into for the position of an English conversation instructor.

2. Validity of Contract
This contract becomes effective upon the signing of this document by both the Instructor and Academy Director.
This contract supercedes any and all prior, oral or written agreements between the parties;
any future modifications to this contract must be made in writing by an officer or authorized agent of the Institute with pre-approval by the President and executed by the signature of both parties.
The Instructor's monthly salary shall commence and count from the first day of his or her teaching
in accordance with the Institute's schedule.

3. Period of Employment
The Instructor will be employed by the Institute from the following dates.
From:, 2012 (???????)
To: , , 2013 (??????)
The period of employment under this contract will last for one calendar year from the date
of the Instructor's first day of work for the School, unless other written contractual agreements
have been entered into to amend this time period.

4. Weekly Working Hours
Instructor is expected to work from Monday through Friday, 30 teaching hours a week,
and thus, the Instructor is subject to be scheduled anytime within these hours, and occasionally
outside of these hours for special assignments. The Institute will attempt to make classroom
teaching hours consecutively, but such will depend upon customer demands and Institute's needs.
While the Institute will endeavor to set a regular schedule for the Instructor, the Institute
reserves the right to change this schedule at any time without notice so as to fulfill customer
needs and staffing requirements.

5. Compensation
A. Transportation Round trip economy airfare is provided with the one-year contract from the instructor’s nearest airport to the international airport in Korea and transportation from the airport to the instructor’s residence in Korea (by reimbursement). Upon arrival, the institute will reimburse a quarter of the round trip airfare.
The other quarter will be paid after three months. Upon completion of this contract, the instructor will be provided with the half amount of the round trip airfare (??????). In case the instructor leaves the institute before his/her contract period ends, the institute will not pay for his/her return ticket.
If the instructor leaves the institute before six (6) months period of this contract for his/her own decision, the instructor must reimburse the institute the cost of the ticket the school has paid for his/her trip to Korea or the institute may deduct the same off the instructor’s last month payment.
B. Salary: A monthly salary (PCM) of 2.1 million won will be paid for 120 teaching hours per month.
The wage of 17,000 won per hour will be paid for overtime compensation.
The institute will deduct 500,000 won as a housing and utility deposit only from first monthly salary and will pay this deposit back to the instructor upon completion of one year contract.
C. Sick Days: Instructor will be paid for documented sick leave. If it is found that the days of absence reported
as sick leave were not in fact for such purposes, institute has the right to deduct sick leave payment from following month's pay.
D. Insurance: A medical & accident insurance plan from an insurance company will be offered to the instructor.
The annual premium will be split equally between Instructor and Institute, if Instructor desires to be covered.
E. Tax: 3% of Business Income Withholding Tax and 0.3% of resident tax will be deducted from the Instruct’s monthly salary according to the Korean Tax Law (??????).
F. Paid Holidays: All Korean holidays with five (5) days of summer holidays will be organized by the Institute (??????).
G. Severance payment: The institute will pay 2.1 million won to the instructor when he/she completes this contract fully for 1 year (with deducting income tax).


6. Housing
A. The institute will provide a rent free furnished apartment. The instructors will share housing with other staff members.
The instructors are responsible for utilities.

7. Instructor's Duties and Responsibilities
A. General Duties of Instructor
The Instructor's duties and responsibilities include, but not limited to the following:
a. English as a Second Language (ESL) instruction in any and all phases of the Institute's program, or its franchise, subsidiary, or other designed location;
b. Preparation for classes; instructor is required to have more than 1-hour preparation time everyday for better quality of education .
c. The instructor is required to prepare his/her teaching schedule 1 week in advance for all the classes that Instructor shall be in charge of.
d. The Instructor should prepare an oral evaluation test for each class once a month.
e. Assistance in developing the Institute's educational program and materials;
f. Attendance in developing the teacher's meeting, workshops, training sessions, etc.
g. Participation in other activities related to any aspect of the business of the Institute.
B. Instructor will set a good positive example of himself/herself and his or her Institute at all times.
Futhermore, the Instructor will follow the directions of his/her director.
C. Instructor should be in good health and will submit his/her health condition check up list upon arrival of the Institute
within a week to the Institute(Instructor may have his/her health check up in Korea at a reasonable expense)
The Instructor shall not conceal any diseases or epidemic illness which may interfere his or her teaching or which may infect others.
D. Instructor will follow class schedules and will not dismiss class, cancel classes, or start classes late without prior
approval from the academic director.
E. Instructor will use teaching materials recommended by the Institute, but is encouraged to
Supplement with other materials. However, these materials must have prior approval by the Institute.
Futhermore, all materials given to the Instructor by the Institute will be returned after they are no longer needed.
F. In order to maintain the Institute's professional reputation, female Instructors are to wear dresses, skirts, or dress pants while performing ESL instruction; male Instructors are to wear dress pants, a dress shirt and a tie. Shorts or jeans are normally are not allowed.
The Instructor shall not have his or her hair cut too short with an unprofessional faddish appearance. It is important for the Instructor to remember that he or she is, at all times, a representative of the Institute, and to look and behave accordingly.
He or she is not to partake in any activities which reflect poorly on or damage the Institute
and its reputation, nor are contrary to South Korean public policy or law.
G. The Instructor agrees not to partake in the following activities since they may damage the reputation of the school:
a. Conducting class while under the influence of alcohol, smoking, of under the influence of illegal drugs.
b. Make sexual advances towards, or enter into relationships with students or employees of the Institute.
c. Conducting any private classes or accepting funds without the permission from the Institute.
d. Borrowing or lending of funds from/to students or conducting any sales of items to students of the Institute.
H. Any damages that are caused by the direct result of Instructor's negligence, either at the Institute or Residence will be paid by the Instructor. Furthermore, the Instructor will be held liable under Korean Law.
I. If Instructor seeks release from the contract for cultural differences, homesickness or personal problems,
the Instructor agrees to work until a replacement instructor is positioned(4-6 weeks).
The instructor must reimburse the one-way airfare that was paid by the institute when he/she came over.
J. If Instructor fails to conduct himself/herself in a professional manner, resulting in damage the image of the Institute, the Institute has the right to terminate this contract, but must provide at least a one-month notice to the Instructor. And, if the Institute violates the contract, the Instructor also has the right to terminate the agreement, but a one-month notice must be provided as well. First of all, the most important thing two parties should remember is that if something unpleasant happens, we'd better talk and understand each other.
K. If Instructor is chronically late without notification, the salary may be deducted for the hours of which they are late.


8. Termination of Contract
(Termination by Instructor) If the Instructor’s resignation is determined to be voluntary (unilateral and without just cause ) , the Instructor may be assessed up to 1 million won for the cost in replacing an instructor, the instructor will forfeit any accumulated but unpaid salary or bonus, or other incentive pay not yet paid. Institute shall receive its reimbursement for the above cost by keeping the portion of unpaid but earned salary or bonus necessary to cover these costs (and any other personal costs and debts, any unpaid utilities and phone bills, and any damages to Institute that the Instructor leaves behind--) and will give the balance to Instructor either in person or by mailing.

If, however, the Instructor has worked more than 8 months under the contract AND gives the Institute at least one month
notice of Instructor's intention for all of the above costs, excluding Instructor's replacement cost.
In the case of the instructor’s failure in conducting his /her work properly such as keeping late for the classes, not following the school directions, not cooperating with other teacher members as a team and given three times of written notice by the institute before sixth months of the contractual period, the institute can terminate this contract by the director’s decision.
In this case, the Instructor is liable up to 1 million won for the costs in replacing an instructor as well.
By signing this contract, Instructor certifies that he or she has every intention of fulfilling his or her obligation for the duration of the contract and that there is no reason that he should not be able to enter into such a contract.
(Termination by Institute)This contract cannot be broken by the Institute without just cause, which includes, but is not limited to the following situations; when the Instructor is found to be in breach of the contract or is involved in a scandal that may tarnish the reputation of the Institute, Instructor's possession or use of illegal and/or illicit substances, excessive (unexcused) absenteeism and/or tardiness, and when the Institute concludes that the Instructor cannot perform class activities, has a poor attitude, or lacks the qualities necessary to be an effective instructor.
The Instructor's employment cannot be terminated by the Institute without the Instructor being duly warned about his or her poor performance and/or attitude, and given the opportunity to remedy the problem, unless the Instructor's performance and/or behavior are deemed particularly egregious such that immediate termination is necessary in order to save the Institute's reputation and business standing. Of course if it is deemed that Instructor intentionally
(via blatant disregard for the rules or well-being of the Institute) forces the Institute to terminate Instructor's employment in an effort to avoid reimbursing the Institute for the costs of securing a replacement for the Instructor, then the Institute may assume that the Instructor has voluntarily terminated the contract and thus may impose these and the other penalties noted under "Termination by Instructor".
(Discipline and Penalties)The Institute reserves the right to utilize the full range of disciplinary measures as allowed under Korean law if the Instructor violates the contract, damages the reputation of the Institute, or fails to perform adequately. These rights include, but are not limited to: warning and counseling, freeze on pay raises, revocation of previous pay raises, removal from current position and dismissal.

9. Renewal of Contract The Institute and the Instructor may jointly agree to renew the contract for the period of one year or other mutually agreed time period.
The Instructor shall notify the Institute if his or her intent is such not less than sixty (60) days prior to the termination of the contract.

10. Governing Laws and Jurisdictions
This contract shall be interpreted according to the internal (domestic) laws of the Republic of Korea. The competent court in Incheon, Korea shall have jurisdiction in regard to any dispute or claim arising out of or in connection with this contract. Both parties have read the above conditions and agree to the terms in good faith and will attempt to resolve any dispute in a reasonable manner. All decisions that can not be resolved by the two parties above will be solved in accordance to Korean Civil Law.



DATE: _____________

INSTRUCTOR'S SIGNATURE: _______________




DATE: _____________

DIRECTOR'S SIGNATURE: _______________

[YTMND]

[Gingerjames90]

YTMND, thank you for your quick reply. You noticed quite a few things I missed and I've written the other advice you gave into a letter to both the employer and the recruiting agency.

You mentioned that you saw a few more issues, can you tell me what these are? Could you also give me a view on the 5 days holiday leave. Will negotiating my contract so formerly and potentially fiercely lead me to lose the position.

I'm not a person to roll over and submit but I also want to work teaching children in South Korea, how much ground should I expect to give?

[YTMND]