Korean Job Discussion Forums

[YTMND]

[kuftae]

Just got hired for this job which looks great on paper, so far, to me. I don't know much about the school but I hope you can at least give me some insight on the contract.


This EMPLOYMENT AGREEMENT has been made on by and between ILS , a sole proprietorship organized and existing under the laws of Republic of Korea, and having its principal office at Shinjang dong 260-6, Hanam city, Gyeonggi do (Herein after called “Employer”),and Eric Kufta a citizen of USA , whose domicile is (permanent address of Employee)_ .(Herein after called “Employee”) Employee has been selected and approved by Employer, to teach 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 English language in form and manner and under the terms and conditions set forth in this Agreement.
Employee hereby accepts employment from Employer to teach English language in the form and manner and under the terms and conditions set forth in this Agreement.

2. PLACE OF EMPLOYMENT
Employee will be employed to teach English language at the address of the principal office as above (herein after referred to as “Institute”).

3. TERM OF RENEWAL & VOLUNTARY TERMINATION
3.1 The term of this Agreement shall be Twelve (12) full and consecutive months from
the first day Employee starts teaching, specified in Section 4 of this contract.
3.2 No later than four (4) 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.
3.3 In the case of the Employee resigns voluntarily within twelve (12) months, Employee is required to inform Employer no later than two (2) full months before the date of voluntary termination of this Agreement.

4. DUTIES OF EMPLOYEE
4.1 During the term of Agreement the Employee shall accept 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 ELS instructions in all phases of the program, administrative duties related to the classroom duties, administrative at scheduled staff meetings, workshops, and school sponsored outings and any other duties as may be assigned by the Academic Director. The Academic Director is responsible for establishing standards of performance relative to the Employee and also empowered to take necessary steps to assure that those standards are met.
Monday through Friday are teaching days except for scheduled public holidays and vacation days.


4.2 During the term of Agreement, the Employee will be required to accomplish the assigned duties for 30 clock hours each week. (one month 120 hours)

4.3 Each teaching hour in excess of 30 hours a week is considered as overtime.
(1 overtime clock-hour, 20.000 won = $17.20/hour)
In order to maintain the quality of lessons one hour of preparation time prior to classes each day is required from the Employee. This preparation time is not included in the calculation of any overtime hours, which the employee may be required to work. The Employee is required to attend in a staff meeting a week.

4.4 Employee shall not be permitted and shall not have the right to work outside of Institute. Since Institute employees are full-time employees such approval will normally be denied.

4.5 Employee 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.

4.6 Every three incidents of unexcused tardiness by Employee shall be penalized as one lecture hour of unauthorized absence.


5. COMPENSATION AND OTHER TREATMENT OF EMPLOYEE
5.1 Salary
Institute shall pay Employee as compensation for all services rendered the total aggregate monthly salary of 2.2 million Korean $1,892.00 won for each month of contract period with Institute. Payment of salary shall be made in won and commenced from the first day of teaching.


5.2 Severance Payment (Bonus 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. Should an Employee renew for another term, payment of the additional one/twelfth of annual salary shall be carried over until the Employee severs ties with Institute.

5.3 Paid Vacation and Paid Sick Leave
Employee will receive Ten (10) paid vacation days during the contract year, five (5) in summer and another five (5) in winter time. These paid vacation days will be scheduled by the academic calendar of the school. National holidays, Saturdays and Sundays are not to be counted as vacation time. Employee may take up to two (2) days of sick leave. A doctor's invoice with the diagnosis and prognosis is strictly required to be paid for sick days. If doctor’s invoice is not submitted, the equal amount of the employee’s sick leave will be deducted from the employee’s salary and be fairly used in compensation for the replacement. Unused sick leave may not be taken as vacation leave.


5.4 Housing

The Employer will provide the Employee a furnished Single housing with no sharing. This offer includes furnishings (TV, Air conditioner, Washing machine, a Single sized bed, a Gas stove) and monthly rent for the selected location with the exception of maintenance, including water, gas, electricity, and phone bills, etc.


5.5 Airfare
Employer will purchase for Employee an economy class ticket from the point of hire for passage on a regularly scheduled airline to Korea. The return air ticket will be provided at the time of completion of employment. In the event that Employee leaves prior to completion of the 12 month teaching period voluntarily or involuntarily, and that Employee is dismissed for any of the reasons set in 6.1, Employer will deduct the equal amount of airfare to Korea from Employee’s salary. And Institute shall have no duty and shall not be obligated to pay the cost of return airfare.


5.6 Extension of the Employment
In the event that the extension of the Employee Agreement between the Employer and the Employee is met, the return air ticket, mentioned in 5.5, will be provided at the time of completion of subsequent contract period(s). In the case of the Employee resigns voluntarily or recalls reemployment agreement within 12 months, Employer will deduct the equal amount of airfare to Korea from Employee’s salary. And Institute shall have no duty and shall not be obligated to pay the cost of return airfare.


5.7 Medical Insurance
Employee will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The cost of this coverage will be borne half by Employer and half by Employee. Payment will be made by monthly deduction from Employee's salary; alike amount contributed by Employer.

5.8 Tax
Income Tax will be deducted from the monthly salary according to the Korean Tax Law.
a. The “Employee” will be required to file an annual tax return each taxable year while employed at the ILS with the local tax office.
b. Any taxes owed to any foreign government(s) are the sole responsibility of the “Employee.” The “Employer” does not involve itself in foreign tax law.
c. The “Employee” is required by law to participate in the Korean pension plan. 4.5% of the “Employee’s” monthly salary will be deducted and put into the pension plan. The “employer” will contribute 4.5% to the fund, for a total of 9%.


6. DISMISSAL BY INSTITUTE
Institute shall have the right at its sole discretion to dismiss Employee for clear and frequent neglect of duties under this Agreement, including, but not limited to, frequent absences from Institute without approval of the Academic Director, or good reason thereof, or for inability to perform duties such as sicknesses or a lack of teaching knowledge, especially when it hasn’t been informed to the Academic Director before the Agreement was met. However, before any such dismissal, Employee shall be warned of dissatisfaction with performance and shall be afforded at least twenty (20) working days in which to remedy the situation. Criminal or other conduct inside or outside of Institute that would, in the opinion of the Academic Director, seriously jeopardize any person or the reputation of the school, will cause for immediate dismissal and no warning or time for remedy will be allotted.


7. COVENANTS
7.1 Employee hereby 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 causes for immediate dismissal.
In the event that Employee fails to complete this one year term for any reason, Employee must reimburse the full amount of the airfare to Employer.

7.2 Employee hereby agrees, covenants, and undertakes that he/she will not disclose teaching materials, syllabus details, or any other information relating to the academic program, whether verbally or in written form, to individuals or corporate entities not employed by Employer.


8. MERGER CLAUSE
This Agreement constitutes the entire understanding between the parties with respect to the subject matter here of, and supersedes all pervious 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.
Intending to be legally bound here to, and In Witness whereof, and Employee have appended their signature.

[YTMND]

[casebig]

I already signed the contract as time was running out to get the visa and it took some time for Dave to activate my account, but I'll post the contract here anyway to see if there were any points I should have gotten clarified. Just FYI I'll be teaching math, not English, despite what the contract states. Thank you in advance for the input!

2013 CONTRACT FOR [SCHOOL]
NATIVE ENGLISH TEACHER


This Employment Contract (hereinafter "Contract") is made by and entered into between the School Principal of [school] (hereinafter "Employer"), and the native English teacher, ____________________ (hereinafter "Employee"), a(n) __________________ citizen residing in_________________________________________ , accepted and assigned to the school.
Name of the School:
Term of Employment: From 2013/ 02/ 25 ~ 2014/ 02/ 24
Salary(year) : 36,000,000 KRW


Article 1 (Purpose)
1. This Contract sets forth the terms and conditions of employment and duties for the Employee as a Native English Teacher.
2. The terms of this employment of this Contract shall take precedence over School Employment Regulations and Policies.

The Employee shall perform the following duties as a native English teacher.
1. Conduct the class according to the school policy in terms of regular class(es), and/or lead extracurricular activities or English camps;
2. Prepare teaching materials and lesson plans for English class(es);
3. Assist with and/or lead the development and creation of teaching materials related to English language education;
4. Assist with and/or lead activities related to the English language education and other extracurricular activities.
5. Perform other duties as designated by the Employer including various English programs during the school vacation period.
Article 4 (Supervision)
The Employee shall carry out the duties set forth in the foregoing Article 3 under specific instruction and supervision of the Head of an organization designated by the Employer.

Article 5 (Term of Employment)
1. The term of Employment shall be the period set forth at the beginning of this Contract. Unless separately agreed otherwise by the Employer and the Employee, this Contract shall automatically terminate at the end of the contract period set forth herein.
2. If the Employee, for whatever reason, is unable to begin work on the date specified herein, the Contract shall be rewritten to indicate the new Term of Employment after arriving in Korea. The Contract will only take effect on the day the Employee actually begins work and the Term of Employment shall be until the end of the contract from the day the Employee actually begins work.
Article 6 (Work Place)
1. The Employee shall work at [school].
2. The Employee may be asked to teach at more than one school under the [school foundation] by mutual consent.
3. The Employer may designate the Employee to work at the Office of Education, training centers or other educational institutes during the school vacation period. In this case, the Employee shall not claim for any additional pay if the hours of work fall under the regular Work Hours stated in Article 7.

Article 7 (Work Hours)
1. The Employee shall work eight (8) hours per day including lunch hour for five (5) calendar days per week from Monday to Friday(40 hours per week) and shall not work on Saturdays, Sundays, and any national holidays of the Republic of Korea.
2. The Work Hours of the Employee shall follow the normal work schedule of Korean teachers; however, such work hours may be adjusted by the Employer as he/she deems appropriate within the bounds set forth in Article 7, Clause 1.
3. Actual class instruction hours of the Employee shall be twenty (20) hours per week. If the Employee does not fulfill his/her class instruction quota (20 hours per week), the Employer may ask the Employee to teach for other regular courses to make up for the insufficient class instruction hours.
4. The Employee may be asked to teach an extra hours per week within and/or out of the regular working hours with the Employee’s consent. . In terms of after school classes, the Employee shall be entitled pay by [school].

Article 8 (Salary)
1. The Employee shall be paid the amount set forth at the beginning of this Contract. However, the Korean income tax, residence tax, medical insurance premium, the national pension contribution, and any other tax or withholding mandated by the various levels of government (and/or applicable to the Employee) shall be withheld each month from the Employee’s salary.
2. The employee's salary shall be liable for Korean Income Tax which will be finalized through the year-end tax settlement. If the employee retires in the middle of the taxable year, the employee's income tax due is finalized for the salary received until the month of retirement based on the report of exemption and deduction from income submitted by the employee. However, employees stated in Article 15 Clause 3 will be tax exempt for the first 2 years of their employment in South Korea.
3. The Employee’s salary shall be paid on the twenty fifth (25th) of each month. If the twenty fifth (25th) of them on the falls on a Saturday, Sunday or national holiday the salary shall be paid on the immediately preceding business day.
4. If the Employee has not worked all of the normal working days in a month, the Employee’s salary for that month shall be prorated for the corresponding number of days worked.
5. It is considered that the Employee’s salary includes the extended 12 work hours. The Employer calculates the Employee’s salary by adding the legal allowance(extended hour work) that the blanket wage system is applied to and the basic pay(the weekly holiday allowance included).
6. If the Employee should be absent from work, for whatever reason, without having obtained prior approval from the Employer, the Employee’s salary for that month shall be prorated according to the corresponding number of unauthorized absent days.
7. The Employee shall not claim against the Employer any compensation and/or payment other than those provided for in this Contract.


Article 9 (Entrance Allowance/Exit Allowance)
1. The Entrance Allowance shall be provided as a support for the Employee's entrance into Korea for the purpose of fulfilling employment contract with [school]. For only a new Employee, the Employer will pay for the flight ticket for the Employee’s entrance into Korea. The arrival date shall be discussed and decided between the Employee and the Employer. The Entrance Allowance is not offered to Employees who are renewing their contract or are hired within Korea.
2. A return flight ticket shall be provided only once.

Article 10 (Resignation)
1. The Employee shall perform the duties set forth under Article 3 hereof during the Term of Employment set forth under Article 5 hereof.
2. In the case of the Employee’s resignation without fulfilling the full year term, he/she should give a thirty (30) day written notice of termination to the Employer including information like the resignation date and the reason for it.
3. Failure of the Employee to give a thirty (30) days written notice of termination to the Employer shall be reported to the Korean Immigration Service and shall affect the Employee’s ability to freely enter the Republic of Korea in the future.
4. In the case of the Employee’s resignation, his/her visa shall be cancelled.


1. A written notification of renewal or completion of employment shall be provided one (1) month(30 days) prior to the expiration of the Contract.
2. If the Employee changes schools after completing a contract, the subsequent contract is not considered as a renewal.

Article 12 (Renewal of the Contract)
1. The Term of Employment stated in Article 5 hereof may be renewed, in one-year contract terms only, by the mutual agreement of the Employer and the Employee.

Article 13 (Termination of the Contract)
1. The Employer may legally terminate or cancel this Contract upon occurrence of any one or more of the following events:
a. The Employee violates the laws of the Republic of Korea.
b. The Employee violates the Codes of Conduct set forth under Article 19, Clause 1 to 5.
c. The Employee works in Korea without holding the required valid visa (e.g. E-2 visa).
d. The Employee fails to perform or unsatisfactorily performs any of the duties stipulated in this Contract. In this event, the Employer shall provide a formal written notice of unsatisfactory performance to the Employee. Three (3) or more written notices shall be considered sufficient grounds for termination of the Contract.
e. The Employee engages in any other employments (including any part-time, private or self-employment, or online instruction) during the Term of Employment.
f. The Employee fails to perform his/her duties for more than five working days without good cause.
g. Any of the information provided in the Employee’s application is false or inaccurate.
h. The Employee fails the medical examination in Korea.
i. The Employee behaves inappropriately like assaulting or committing vandalism.
j. The Employer decides that the Employee can’t work anymore because of physical, mental, or chronic diseases(diabetes, high blood pressure, liver disease, tuberculosis, brain disease, drug addiction, alcoholism)
1). If requested to take a physical and/or psychological examination by the Employer, the Employee must make him/herself available within two (2) working days for the medical examination.
2). The Employee must complete a medical examination (HIV, Drug, etc) in Korea for the purpose of working in Korean public schools. If requested by the Employer, the Employee must submit the results to the Employer immediately. All related expenses shall be borne by the Employee.
k. The total number of days of Sick Leave (both paid and unpaid) used by the Employee pursuant to Article 17 hereof exceeds thirty (30) days.
2. In the event of termination of this Contract pursuant to any of the provisions set forth in the foregoing Clause 1, the Employer shall pay the Employee a prorated salary based on the number of days actually worked by the Employee.
3. In the event of termination of this Contract pursuant to any of the provisions set forth in the foregoing Clause 1, the Employee shall immediately refund the Entrance Allowance and Settlement Allowance to the Employer pursuant to Article 10 Clause 5.
4. . In the event of termination of this Contract pursuant to any of the provisions set forth in the foregoing Clause 1, the Employee’s visa will subsequently be cancelled.


Article 14 (Housing)
1. The Employer shall provide the Employee with a single housing unit chosen by the Employer. Housing selected by the Employer may be a leased house or dormitory. Any and all fees, charges, costs, taxes, expenses, etc. incurred in using the housing shall be borne by the Employee. But all fees, charges, costs, taxes, expenses, etc. incurred in using the dormitory shall be borne by the Employer.
2. If the Employer provides dormitory on campus to the Employee, the Employer may provide appliances and furniture that the Employer chooses. The Employee shall not request or demand any other appliances or furniture beyond those that are chosen by the Employer. The Employee shall take the responsibility for the maintenance and repair of the appliances and furniture provided by the Employer. ( For housing outside the campus, the employer does not provide appliances and furniture etc.)
3. If the Employee uses the dormitory provided by the Employer, the Employee shall leave the room in the same condition as when it was first occupied by the Employee and the Employee shall be liable for any damage to the building and appliances occurring during the period of occupied by the Employee.


Article 15 (Benefits)
1. The Employer shall provide the Employee with annual benefits points (850 points worth 850,000 won) every March.
2. On behalf of the Employee, The Employer shall provide 50% of the Employee’s medical insurance premium (including the medical insurance premium for the Employee’s dependents (spouse and/or children) in the event the dependents of the Employee live with him/her in Korea) pursuant to the National Medical Insurance Act of Korea.
3. Under the Adjustment of International Taxes Act and the Double tax avoidance agreement, the Employees eligible for exemption from paying Korean income tax during the period of the first two years of employment in Korea can apply for it and then be exempted from the tax.

4. The Employer, on behalf of the Employee, shall provide half of the national pension plan (approximately 4.5% of the Employee’s salary) pursuant to the National Pension Corporation Act of Korea. Employees eligible for a pension distribution refund (like American, Canadian, and Australian) must submit the required documents to the Korean National Pension Corporation when they leave Korea after the completion of their Contract to get refund.
6. The Employee shall be entitled to severance pay according to the standard formula set out by the Ministry of Labor upon successful completion of the duties set out herein for the entire Term of Employment.


Article 16 (Paid Leave)
1.The Employee shall be entitled to a vacation period of a total of fifteen (15) working days during the summer and winter vacation of the Term of Employment set forth under Article 5 hereof. Paid leave shall be divided and taken during the vacations, and must be approved by the Employer at least fifteen (15) days in advance. Saturdays, Sundays and Korean national holidays do not count as vacation days.
2. The Employee shall note the difference between school vacation and Paid Vacation days; the Employee is expected to fulfill normal working duties during the school vacation period unless the Employee has received prior approval for Paid Vacation or Unpaid Leave during the school vacation period.
3. During the school semester, the Employer may allow the Employee to not come to work on the day(s) when the school is closed for in-semester school holiday(s), school anniversary day(s), etc. and these days will not be considered part of the Paid Leave set forth in the forgoing Clause 1.
4. In the case of tardiness, early leave and other absences during the work day and/or half-days of Paid Leave, regardless of the number of days over which they occur, each set of eight (8) accumulated hours shall be counted as one (1) day of Paid Leave. Totals of less than eight (8) hours will not be counted.
5. Upon termination of the Contract within the first six (6) months, the used Paid Leave will be calculated based on a pro-rata monthly basis.


Article 17 (Sick Leave)
1. The Employee shall be entitled to a paid Sick Leave in the case of any illness or injury which prevents the Employee from performing the duties herein only with the expressed consent of the Employer. The Employee shall notify the Employer of any absence due to sickness within one (1) hour of the beginning of the Employee’s duties.
2. A practicing doctor’s medical report shall be required for any sick-leave periods taken for or exceeding three (3) consecutive days or upon the request of the Employer. Reports from a physician must be submitted to the Employer on the first day that the Employee returns to the work place.
3. If the Employee requires a Sick Leave of more than eleven (11) working days during the Term of Employment, any Sick Leave days beyond the 11-day limit will be unpaid.
4. The total number of days of Sick Leave (both paid and unpaid) used by the Employee and the reasons for taking Sick Leave will be included in the Employee’s Personnel Record Card, which shall be utilized by the Employer to evaluate the Employee’s conduct and determine the Employee’s contract renewal.
5. Elective cosmetic surgery or treatment will not be considered for Sick Leave.

Article 18 (Special Leave)
1. The Employee may take a paid Special Leave for a number of days as set forth below for each of the following events stated herein. The following requires the expressed consent of the Employer. Saturdays, Sundays and Korean national holidays count as Special Leave and traveling time can be included .
a. Five (5) consecutive calendar days for the Employee’s marriage.
b. Five (5) consecutive calendar days for the death of the Employee’s parents or spouse; two (2) consecutive calendar days for the death of the Employee’s child; two (2) consecutive calendar days for the death of the Employee’s and the spouse’s grandparents; one (1) calendar day for the death of the Employee’s and the spouse’s siblings.
c. In the case of a female Employee, ninety (90) consecutive calendar days shall be granted for a maternity leave
d. Five (5) consecutive calendar days for paternity leave.
e. In the case of damage to the Employee’s residence in a natural disaster: for the period the Employer deems necessary according to the degree of damage.
f. If the Employee is prosecuted for involvement in a criminal offense, the Employer has the authority to put the Employee on a prosecution leave.
g. Special Leave specified in items 1-f and the last thirty (30) days of 1-c shall be considered as unpaid leave.

Article 19 (Codes of Conduct)
1. The Employee shall not behave in any manner which may damage or tarnish the reputation of the teaching profession in general and of the undersigned Employer in particular during the Term of Employment.
2. The Employee shall observe and comply with any codes of conduct and dress applicable to Korean teachers.
3. The Employee shall not engage in any other employment (including any part-time, private or self-employment, or online instruction) during the Term of Employment than the working places designated by the Employer.
4. The Employee shall not be involved in any activity which could cause harm to the students or be of detriment to the reputation of the school.
5. Employees must not disclose any confidential information about their co-workers, school or program that they have acquired during their term of employment and must not use them for personal purposes. Emplyees must return the acquired confidential documents or materials to the Employer upon the completion/termination of the contract.
6. Be responsible for any expenses regarding visa documents, medical examination(s), and residency forms for the purpose of residency and employment in the Republic of Korea.


Article 20 (Completion of Mandatory Orientation and Training, and Evaluation of Teaching Performance and Conduct)
1. The Employee shall complete all training deemed necessary by Gyeonggi Provincial Office of Education and/or the undersigned Provincial Office of Education (GPOE).
2. The Employee shall not claim additional compensation for any portion of the mandatory training (e.g. orientation, workshop) that falls within the Term of Employment, as stipulated under Article 6.
3. The Employee shall participate in any training program(s) upon request of the Employer.
4. The Employee shall sincerely participate in the Evaluation of Teaching performance and Conduct required by the Employer.

Article 21 (Security Deposit)
1. The Employee shall be responsible for any liability or damages arising from or in
relation to any negligent, faulty, or illegal activity during the Term of Employment
under this Contract. Therefore, the Employer can claim for damages against the
Employee.

2. The Employer shall check the leased facilities and financial matters arising from the use of them by the Employee before the Term of Employment is completed. If any liability or damages are found, these shall be confirmed in written form by the Employee and the Employee will compensate for the damages.


Article 22 (Consent to Limited Release of Information)
1. The Employee grants his/her consent that the information in the Employee’s application form and/or Personnel Record Card may be used for the purpose of statistical data collected by the Employer and/or the Korean government, for his/her contract renewal with his/her current Employer.
2. The Employee agrees that the evaluation results stipulated in Article 20 Clause 4 may be used for his/her contract renewal with his/her current Employer.

Article 23 (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.
2. The governing language of the Contract shall be Korean. The English translation of this Contract is for the purpose of convenience only.
3. If a dispute or disagreement should arise in connection with or out of this Contract, the parties hereto shall first try to resolve it in accordance with the principle of good faith.

Article 24 (Signature)
In witness whereof, the parties hereto sign the Contract in triplicate on the date entered below with each party retaining one copy and submitting the third copy for the Employee’s visa application.

[YTMND]

Worthwhile gamble, remove all personal data, names, addresses, etc... from the contract. Even if it goes bad, if you get paid, you can move on.

[elriksanders]

I'm currently in Daegu looking for a position in Seoul somewhere between the middle of March and middle of April. I interviewed for this school today and got the job offer. She said MWF had 9 classes and and TR had 7.

They sent me the contract and I have alarm bells ringing all over the place:

1- I will receive no pension. I'm referred to as "the teacher", so I'm getting the independent contractor schtick.
2- I will receive no compensation for the money they will save on the inbound plane ticket.
3- I have no guarantee of vacation days--- "vacation days only stated on the session calendar"
4- The contract is loaded with a crazy amount of punishment clauses for teachers who break their contract early. The opening bit said that this was a pretty clear cut sign that the hagwon has dealt with runners before. I don't think I would be one but I don't think most people are going to leave a job that treats them decently.

Am I paranoid or is this actually quite a trap of a contract?

----

Internship : The employee will have 3 months internship period. In this period if the employee’s working performance is not improved and suitable for the institute(even with several times(at least 3 times warnings) The institute has the right to release the employee (in this internship period the payment is the same amount of salary and in this case the employee can get the release letter upon agreement) If the employee doesn’t comply with the contract term he/she signs. Or doesn’t commit to the school’s policy after receiving 3 times notices the school’s has the right to send the teacher to other schools with the release letter during the 1 year.
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, ending on the last teaching day of the teacher's twelfth full teaching session, according to the ‘xxxxxx’ session calendar.
b. During the duration of this contract and without prior consent of the employer, the employer can deny a release letter to the employee seeking another job position elsewhere.


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.


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. Throughout the term of the contract, teachers must maintain a clean and neat appearance. While suits and ties are not mandatory, a professional attire and appearance is desirable. (Banned: t-shirts, tethered clothes, clothes with holes, body piercing, revealing tops that shows the waist, thongs, long hair (for men), unshaven beard, skin head, showing of underwear or not wearing underwear.
d. The teacher’s work will include the following:
① Teaching the English to students (Target students’ ages: 3 to Adult)
② Develop educational programs and materials, expanding off of what is already provided in the ‘xxxxxxx’’ curriculum
③ Curriculum design and implementation
④ Indoor/outdoor classroom activities for/with students
⑤ Level tests, placement by levels, evaluation, check list, monthly report
⑥ Providing students with individualized care
⑦ Attending teacher’s meetings, training, and workshops
⑧ Other related ‘xxxxxxx’ activities and requirements (please refer to the ‘Teachers Manual’
⑨ Teacher have to clean up the teacher’s class room

CLAUSE 5 (WORKING HOURS)

a. During the term of this Agreement, the teacher should work in cooperation with the Supervisor or Director from Monday through Friday, and during special events.
b. Teachers 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 is expected to teach 120 teaching hour per session. The teacher assumes responsibility to completely prepare for all his/her classes. (Each session is approximately one month in duration)
d. Normally, the first class of the day begins at 9:00 am and the last class finishes at 6:00 pm. The teacher must receive a confirmation on the lesson plan and the prepared materials before leaving work.
e. If the teacher is late for work for three or more times, 1% of the monthly salary will be subtracted from the next month’s salary.
f. 200,000 won will be subtracted from the monthly salary for the teacher’s absence without a notice.


CLAUSE 6 (SALARY AND OVERTIME RATE)

a. The employer agrees to pay the teacher salary of 2,200,000 Korean Won for 120 teaching hours per session and preparation for classes.
b. The payment of the teachers’ salary is to be made on 10 of each month, after the required work is completed.
c. Each teaching hour exceeding the 120 teaching hours/session will be considered as overtime. The payment for the overtime will be 20,000 Korean Won per each teaching hour.
Attendance at scheduled staff meetings and workshops, along with preparation for classes is mandatory and not considered as overtime.

d. Monthly salary 2,200,000won consists of; basic salary of 1,760,000 and contract fulfillment
salary of 440,000.
e. Based on the Clause 15, if the teacher cannot fulfill the whole 1 year contract, he/she must return the contract fulfillment salary to the employer right away (on the same day of contract termination). If the return is delayed, the teacher will be charged 36% of annual interest as of the day of contract termination. In this case, the employer can take the contract fulfillment salary from the teacher’s monthly salary primarily.

CLAUSE 7 (TAX)

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


CLAUSE 8 (TRANSPORTATION)

A. One way airticket to In-cheon international airport will be provided.
B. One way airticket is provided from korea to the next destination when teacher leaves after one year.
C. In case that the teacher breaks the contract within a year, teacher(he or she) must give back the flight ticket fees that will be paid by the school.


CLAUSE 9 (ORIENTATION PERIOD)

a. Upon arrival in Korea, the teacher will be guaranteed seven 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 ‘xxxxxxxxxx’ training at the head office to learn about the school system. Upon completion and passing of the test provided in the end of the training session, the teacher will receive a certificate, and become a certified ‘xxxxxxxxxxx’ teacher.
c. The employment may be canceled during the orientation period in the headquarters if he/she is judged to be inadequate or incompetent to become teachers.


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/stated in the ‘xxxxxxx’ session calendar.


CLAUSE 12 (Visa Sponsorship)

a. The employer is responsible for sponsoring and acquiring the one-year E-2 teaching visa and alien card
necessary to be legally employed as an English Teacher in Korea and that he/she is able to acquire a
Korean bank account.
b. The Institute is responsible for all fees in acquiring the necessary teaching visa issuance number through
the immigration office. Visa application fees and its related expenses in the Instructor’s homeland will be
paid at his/her expense.


CLAUSE 13 (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
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 14 (SEVERANCE PAYMENT)

a. Upon completion of this one-year contract, the teacher will receive a severance payment of one month’s salary, as mandated by the Korean workers protection legislations. This payment will be made at the time of completion of the contract period and any and all income taxes are to be withheld.
b. The severance payment will be transferred to teacher’s bank account one month after the termination of the contract.

CLAUSE 15 (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 or late for 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 90 working days notice to the employer.
d. If the teacher terminates the contract without a notice to the employer;
1) The teacher needs to pay 3 times of his/her monthly salary as a penalty. The penalty is subtracted from the teacher’s monthly salary, and he/she will pay the rest of the amount to the employer within a month as of the day of contract termination.
If the payment is delayed, the teacher will be charged 36% of annual interest as of the day of contract termination.
2) The teacher will compensate for the additional damage of xxxxxxxxxxx. (ex. reduced the number of students etc.)
If the teacher’s students quit xxxxxxxxx due to the teacher’s irresponsible resignation, the teacher will compensate for 6 months of the lesson fees for each of the students. Employer will inform the amount to the teacher after 2 months of resignation, and the teacher will pay up the amount within a month. If the payment is delayed, the teacher will be charged 36% of annual interest as of the very day he/she is informed.
2) If the employee leaves not finishing 1 year contract because of the employee’s faults and personal reasons the employee has to refund the flight ticket(or Japan trip cost) which is provided for coming and the recruiting commission including the extra expenditure(visa processing fee) for inviting the employee.(About recruiting commission/this will cost about 1,000,000 Korean won(+ visa process fee /visa process refunding cost is different depending on the situation) will be deducted from the teacher’s last salary for the next teacher first and the rest of the salary will be transferred the teacher’s bank account) And the returning flight ticket will not be provided and the employee has the duty to work till the new substitute teacher starts as the employee’s replacement. (at least 2 months)
If a teacher who transfer the visa without flight ticket provided. He/she doesn’t need to reimburse the ticket to Korea. But needs to pay for the recruiting fee (1,000,000won)for inviting him/her to the school.






CLAUSE 16 (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.

[YTMND]

[weigukin]

A. GENERAL OBLIGATIONS

1. Supervision
a. Under the supervision of Director and Academic Supervisor, the Teacher will work closely with the other staffs of the Institute in planning, observing, conducting and reviewing classes.
b. The Teacher should follow the rules and standards instructed by the Institute (written, verbal, and tacit) and obey the laws, regulations, instructions, and ordinances of the national and local governments in Korea.
c. Each Teacher will have a sixty-day probationary period. This will start from the first day of teaching at the Institute. Either the Institute of the Teacher may nullify the Contract in the case of any unsatisfactory situations.

2. Performance Evaluations
a. As a general matter, the Teacher may be evaluated in writing or verbal comment by his or her supervisor.
b. The Institute has the right to determine if a performance appraisal is needed on a monthly or more frequent basis.
c. The evaluation will include a review of the Teacher’s job qualifications and performance, including but not limited to the quality of his or her work, knowledge of his or her job, job skills, attitude, working relations with co-workers and students, initiative, attendance, punctuality, and/or disciplinary record.

3. Separation from Employment
a. Institute will have the right to dismiss the Teacher for unwillingness or inability to meet conditions of employment as set out under this agreement, for conduct seriously jeopardizing any student or staff person, or for criminal activity.
b. In the event theTeacher is dismissed or in the event that the Teacher voluntarily resigns prior to the termination of the term or this agreement, Institute will pay salary up to the date of termination.
c. In case theTeacher breaks the working code or covenants, Institute can dismiss the Teacher.
d. The Teacher understands and accepts that the rights to use, sale, distribute, or publicate all original material produced by the Teacher during the course of Teacher’s employment, and for which the Teacher is compensated as either regular pay, as overtime, or in an agreed-upon lump sum, remain the sole property of Institute.
e. TheInstitute reserves the right to terminate this agreement for cause with written notification sixty days in advance, and for serious cause without notice. The Teacher agrees to give written notification sixty days in advance of intention to terminate this agreement or of interest in renewing it.



B. WORKING CONDITIONS

1. Workload
a. During the term of this agreement, the Teacher is required to prepare for, teach, and carry out all required administrative duties connected with classes assigned by the Institute.
b. The Institute will have the authority to require the Teacher to perform teaching duties in excess of the minimum teaching requirement, such excess being no more than 40 hours per session.
c. The minimum teaching requirement is 140 hours per pre-established session (1 session = 20 teaching days.)

2. Work Schedule
a. Monday through Friday are teaching days except for scheduled public holidays and vacation days.
b. No regular schedule of working hours can be guaranteed to the Teacher.

C. COMPENSATIONS

1. Monthly Salary
a. Payment for 35 hours per week / 140 hours per month worked in a teaching term is 2,200,000 Korean won per month.
b. Payment made for assigned classes is inclusive of payment for preparation and administrative duties connected with those assigned classes.
c. Except for the period of orientation and training, Institute will pay Teacher for the minimum teaching requirement.
d. Teaching salary will commence from the first day of teaching.
e. Monthly salary payments will be made on or before the 10th day of the month following the month during which the employment services were provided.
f. Payment to the Teacher will be made directly into his or her bank account on the 10th day of the month.

2. Overtime Payment
a. Payment for extra teaching class is made at the rate of 15,714 Won / hour.
b. No payment in excess of or in addition to Teacher’s monthly salary will be made for attending meetings or workshops scheduled by Institute.

3. Withholdings
a. Korean income taxes and Korean National Pension deductions will be withheld.
b. Korean severance tax will be withheld.

4. Deductions
a. Salary is not maintained when Teacher is absent from teaching duties.
b. When the Teacher misses a class(an hour) for personal reason, 15,714 Won per class(an hour) missed will be deducted from salary.
c. Any outstanding debts will be subtracted from the severance pay.


D. BENEFITS

1. Housing
a. Institute will select and provide furnished living accommodations for the Teacher.
b. The accommodations will be a single bedroom studio. The Institute shall provide basic furniture items and appliances like a bed, a kitchen table and chairs, a refrigerator, a washing machine, a gas stove and a telephone device (not service).
c. Institute will pay the rent for the studio. The Institute will not pay for utilities such as power, water, gas, and heating costs.
d. Institute will pay any cancellation charges or other expenses the Institute incurs due to the premature cancellation of the lease of the apartment the Institute originally provided for the Teacher, if any, it such a cancellation is the result of the Teacher’s premature termination of this contract or eviction of the Teacher from the apartment caused by the Teacher’s negligence or misconduct. These expenses will be deducted from the Teacher’s salary.

2. Airfare and Resignation
a. The Institute shall provide an economy airfare ticket (or equivalent monetary value) from the Teacher’s point of hire to Seoul. The Institute shall also provide the Teacher with a ticket for an economy seat from Seoul to the Teacher’s point of hire upon the satisfactory completion of this contract. Should the employer purchase the return ticket prior to the start of the contract, the Teacher is required to submit it to the Institute.
b. If the Teacher decides to resign during the term of employment, he/she must give the Institute a thirty (30) day prior written notice of resignation starting the date of and reason for resignation. An unannounced resignation of the Teacher, without a thirty (30) day prior written notice of resignation to the Institute, shall be reported to the Korean Immigration Service and shall affect the Teacher’s entrance to the Republic of Korea in the future.
c. In all cases of the Teacher’s resignation without fulfilling the full year term, the airfare for his/her return trip shall be borne by the Teacher, and his/her E2 visa shall be cancelled.
d. In case of the termination of the contract before the contract period ends the Teacher shall immediately pay back 100% of the one-way airfare into Korean to the Institute.
3. Health Insurance
a. Teacher will be covered by medical benefits under the Korean medical Insurance Union, a Government Health Organization. The cost of this coverage will be borne half by Institute and half by Teacher. Payment will be made by monthly deduction from Teacher’s salary.

4. Teacher’s Training
a. Teacher agrees to attend meetings and training workshops scheduled by Institute.
b. The purpose of meetings and workshops is to inform Teacher of matters relating to Teacher’s duties and the institute’s operation, or to assist in Teacher’s professional development.
c. Shortly after arrival in Korea, Teacher will be required to undertake orientation and training before commencing teaching.
d. Half of the normal teaching salary will be paid during the period of orientation and training.
e. The period of training and orientation will usually be two weeks but Institute reserves the right to reduce that period in cases where Teacher arrives in Korea less than two weeks before the commencement of a scheduled teaching session.



5. Vacation
a. Teacherwill be entitled to observe public holidays and receive vacation days during the contract term according to the yearly schedule provided by Institute before the commencement of the year to which the schedule refers.
b. There are at least ten(10) vacation days in each calendar year (January-December)

6. Sick Leave
a. Teacher will be eligible to receive up to five(5) days of paid emergency leave in the event of death or serious illness in Teacher’s immediate family, only when all necessary documents are provided.
b. Such emergency leave will be granted at the sole discretion of Institute.
c. In the event theTeacher sustains injuries from an accident or mishap outside the course of normal work duties,Teacher understands and agrees that the Institute will have no responsibility for nor obligation to pay medical and hospital cost which are in excess of those covered by medical insurance.

7. Severance Payment
a. Severance pay due to a new change in the law will only be disbursed when the Teacher completes all contracts and does not renew with current Institute.
b. 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.
c. Severance pay will be paid by bank transfer no later than one month after the Teacher has left the Institute.
8. Others
a. The first party, _____________________ hereby referred to as the teacher agrees to pay 650,000 Won as a deposit to ____________________hereby referred to as the employer for rental of the apartment at ___________________________________________________________________________________________________________________________.
b. Teacher understand the employee is fully responsible for the pay for utilities such as power, water, gas, and heating costs, and if those is not paid the amount owed can be taken from the deposit.
c. Institute agrees to return the full deposit, minus any late rent as mentioned in the above clause, upon successful completion of the employment of the teacher with the employer or upon the Teacher’s termination, nullification, or resignation of employment.

[YTMND]

[Ignacio10]

Hey everyone, me and my girlfriend are in discussion with a recruiter regarding a couple position, we haven't been offered the jobs or anything at this stage, but they emailed us the contract. So I wanted to post it here and see if you more experienced teachers know if it is a reasonable contract or awful? Any advice really appreciated!


1.1 Work Period. Subject to the terms and provisions of this Agreement, the Company hereby pay for the services of
the Instructor and the Instructor hereby agrees to offer services to the Company for the period commencing on 19th

November, 2012 (the "Commencement Date") and ending on 28th February , 2014 (the "End Date") unless terminated

sooner as provided in Section 2 hereof (the "Employment Term"). This Agreement shall be valid only upon the

Instructor having successfully completed the CDI training program (the “Training”) and in possession of a teaching

certificate (the “Certificate”) issued from CDI. Refusal of Training or deliberate poor performance as determined by

Company will null and void the terms and conditions of this Agreement.

1.2 Teaching and Work Hours. During the term of this Agreement, the Instructor is required to prepare, teach, and
perform all required administrative duties relating to the classes assigned by the Company. The teaching requirement

is one hundred twenty (120) actual teaching hours per month. In the event there are not one hundred twenty (120)

teaching hours in one month, the Company may require the instructor to participate in other work activities on an

hourly basis.

Instructors are required to be at their location for eight ( hours per day which includes actual teaching hours and time

spent for preparation and performing all required administrative duties relating to the classes. These eight ( hours

does not include time for lunch or dinner.

hours. The arrival and departure time will be set at the discretion of the Branch Manager.

1.3 Monthly Salary & Severance Pay. The monthly compensation for this employment shall initially be set at

million two hundred thousand (2,100,000) Korean won, which shall be paid monthly only upon full completion of all

duties and obligations arising from the applicable month of employment. Salary will commence from the first day of

teaching and shall be pro-rated for the first month in the event that the Instructor does not work for the full month

during the first pay period. When an employee is absent from scheduled teaching duties, salary will be deducted

according to the substitute instructor’s overtime rate. Duties beyond the actual teaching hours may include:

periodic written reports or evaluations to help parents of the students understand how their child is performing in class

and if there are any behavioral issues, periodic Academy meetings, companywide functions and/or meetings requested

by Instructor’s Head Instructor, Branch Manager or Korean staff.

The monthly compensation, minus any applicable taxes or other withholdings required by law, will be paid

out on the 10th day of each month with the exception of holidays and other days that banks are normally

closed (including weekend days) in which case the monthly wages will be paid on the next following

business day.

1.4 Severance Bonus: The Instructor shall be entitled to the payment of one (1) month salary of Two million two hundred
thousand (2,100,000) Korean won as a completion bonus upon the successful completion of the full term of this

Agreement minus any applicable taxes and other withholdings as required by law. The completion bonus shall be paid

along with the monthly compensation for the twelfth (12th) month of employment. If instructor concludes her/his work

period at the end of the April English quarter/semester and it finishes PRIOR to the end of the contract, instructor is

STILL entitled to 12 months of severance.

Compensation and overtime pay will only be given for actual teaching

Two

1.5 Housing. The Company shall provide housing up to 350,000 Korean won per month for the Instructor during the
term of this Agreement. In the event that this agreement is terminated by either party, subject to Article 2 below, the

Instructor must vacate the premises within two (2) days of notice of termination. Any costs associated with Instructor’s

failure to vacate the premises, including but not limited to rent payments, legal expenses, and attorney fees shall be

paid by the Instructor.

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Init._____/_____

[A-OS]

If the Instructor elects to find his/her own housing and forego the single housing unit provided by the Company, a

monthly housing allowance of three hundred thousand (300,000) Korean won will be provided to the Instructor. In this

case, no key deposit will be provided by the Company.

At the conclusion of the Instructors contract, Company shall reserve the right to withhold up to five hundred thousand

(500,000) won from final payment to ensure utilities, housing damages and other housing costs are not left unpaid

before Instructor departs from South Korea.

agencies and housing unit is inspected with no problems, the Company will lose the right to withhold this damage and

utilities deposit at the end of the contract.

At the conclusion of the Instructor’s contract, Instructor shall vacate his/her housing within two (2) days of the end of

the last term the instructor has taught.

The Instructor has the option of re-locating should he/she not be satisfied with the housing unit provided by the

Company. In this case, Instructors are responsible for finding their own housing. Any costs associated with Instructor’s

decision to move, including but not limited to rent payments, penalty fees, real estate costs, legal expenses, and

attorney fees shall be paid by the Instructor.

1.6 Instructor Training & Initial General Screening. The Instructor will be required to undertake orientation and
training before commencing teaching as stated in 1.1. The period of training and orientation will take up to two weeks.

During the training period, the Instructor will have a daily training program offered by the Company. The training may

include class observation, demo lesson and orientation from CD Headquarters in Seoul. During this time the Instructor

will not be paid, but temporary housing & transportation (if necessary) will be paid. Instructor must complete

and pass training for employment to commence on the first day of employment outlined in section 1.1.

A medical examination will also be required during training for all new instructors along with a background check on any

previous history that may negate Instructor’s ability to effectively instruct in class.

1.7 Airfare. The company shall pay round-trip airfare between the nearest International Airport from the Instructor’s
place applied and to Korea. Round-trip airfare is provided only once. The process in which a round trip ticket will

be reimbursed is as follows: 50% of the round trip airfare will be reimbursed up to 1,000,000 won after instructor

arrives, provides original receipts and airline ticket stubs to the company. Reimbursement will occur no later than

30 days after instructor starts his/her first day of work. After instructor completes her/his contract duties, the other

50% will be reimbursed in the last paycheck provided to the instructor within 3 days of completion of the contract. If

instructor secures a one-way direct ticket (with no stopovers in other countries without approval of an Human Resources

Manager) to enter South Korea from point of departure, Instructor may purchase a ticket up to 1,000,000 won and

will be reimbursed within 30 days upon arrival to her/his Academy. Upon completion of the 1 year contract, Instructor

will receive reimbursement or a direct airline ticket (with no stopovers in other countries without approval of Branch

Manager) to Instructor’s original point of departure OR other location as long as it is a direct trip with no stopovers for

more than one day and less than 1,000,000 won.

If Instructor fails to work for the company for 12 months, Instructor will be responsible for repaying company back the

full airfare reimbursement provided in the first month of employment.

1.8 Special Classes (Intensives Classes). The Instructor is required to teach additional Special Classes during regular
school vacation periods called “Intensives” (Spring, Summer and Winter Vacations) as the Company requires of all it’s

Instructors.

1.9 Early arrival. In some cases due to unexpected changes in plans by instructors who were planning to come or leave,
some instructors are asked to arrive earlier than his or her planned starting date. In the case that the instructor arrives

one or more weeks early, instructor may be compensated a “living stipend” where s/he does not work. The instructor

shall be compensated 300,000 won per week if s/he does not teach at his or her branch during the full week.

instructor must be available for substitute or backup work during the entire week. Instructor will also be provided rent

free housing in the form of a motel or currently leased unit by the Company.

1.10 Overtime Pay. The Company shall pay Twenty five thousand (25,000) Korean Won for each hour taught by the
Instructor in excess of the one hundred twenty (120) teaching hours per month as overtime pay.

If all owed bills are paid with receipts provided from the respective

The

2

Init._____/_____

[A-OS]

1.11 The Company may, at its sole discretion, provide the Instructor with bonuses, stipends or other additional remuneration
provided that such bonuses, stipends or other additional remuneration shall neither be expected nor required by either

party.

1.12 Vacation. The Instructor will have a minimum of up to 7 consecutive days (class days and non-class days included)

of paid vacation days per year. All 7 vacation days will be taken on pre-selected dates assigned by the Company. The

Instructor must comply with these pre-selected dates, which will be announced in advance of each term’s start date.

1.13 Substituting Class. The Company may request the Instructor to substitute for another instructor in another class
provided that the working hours do not exceed one hundred twenty (120) teaching hours per month. Hours in excess

of one hundred twenty (120) teaching hours will be construed as overtime.

1.14 The Company may request the Instructor to teach on some Saturdays to make up for missed classes. The Instructor
will only be required to make up for the missed classes provided that the working hours do not exceed one hundred

twenty (120) teaching hours per month. Hours in excess of one hundred twenty (120) teaching hours will be construed

as overtime as stated in 1.11.

1.15 Salary differences. The company does everything it possibly can to make all salaries and compensation uniform.
Due to the time period in which salaries are negotiated, demand at the company, inflation or deflation, along with

unique conditions surrounding contract negotiations, there will be potential discrepancies between contracts.

negotiations are concluded and the contract is signed, it is highly recommended to consider all variables which are

almost impossible to recount for every instructor. Salaries advertised on websites or other publications should always

be noted as salaries that may include housing, severance, health, pension, airfare reimbursement, the vacation value,

and other possible incentives and bonuses averaged into the salary.

2) Termination

2.1 The Instructor may terminate this Agreement by providing sixty five (65) days advance notice in writing. In order to

protect the continuity of education for the Company’s students, both parties will faithfully fulfill all of their duties under this

Agreement until its actual termination. If the contract is terminated before the stipulated time period by the Instructor,

the expenses for training, transportation, and accommodation should be returned by the Instructor.

2.2 The Company may terminate this Agreement without prior notice to the Instructor under Article 2.1 for any of the

following reasons: (i) violations of the laws of the Republic of Korea; ii) being under the influence of alcohol or drugs

while teaching class or attending scheduled meetings; (iii) tardiness to class on a continuous basis—two (2) or more

times per three (3) month period; iv) endangerment or contributing to the delinquency of a student (v) failure to

keep regularly scheduled class hours on a continuous basis; (vi) absence from classes without prior approval from the

Company; and vii) breach of any covenants contained in Article 3 below.

2.3 In the event that the Instructor refuses the teaching class schedule as provided in Article 1.2 prior to the

Commencement Date or anytime thereafter up to the end of the term of the Agreement, the Company may terminate

this Agreement without prior notice under Article 2.1.

2.4 In the event this agreement is terminated prior to the End Date, instructors wishing to apply to other CDI schools will be

required to produce a signed letter of release or recommendation from the Company. In the absence of such document,

Instructor shall not be hired at other CDI schools until the expiration of this agreement at the End Date unless Company

provides adequate reasons for the Instructor to terminate this agreement for breach of terms within.

3) Covenants

3.1 The Instructor will do his/her utmost to deliver the highest quality of education in line with the Company’s policies and

programs.

After

(a) The Instructor must observe all the required Student Management Procedures and Policies set forth by the
Company. The Instructor shall work in good faith to accommodate the Company administration staff’s

requests.

(b) The Instructor must adhere to the proper check-in procedures and arrive at his/her classroom at the
requested time prior to the beginning of classes each working day as designated by the Company.

(c) The Instructor will refrain from requesting time off or excuse of performance of the obligations hereunder
for any reason at any time other than the time designated by the Company.

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Init._____/_____

[A-OS]

(d) The Instructor must refrain from directly or indirectly causing any harm to the operations, management
or corporate image of the Company. The Company may terminate this Agreement without prior notice

to the Instructor should the Company determine that the Instructor has failed to observe and abide by

these provisions and the Company reserves the right to pursue any and all remedies at law or in equity,

including legal expenses and attorneys fees, to rectify or seek compensation for any breach or damages

caused by the Instructor.

3.2 Work Product. All original material produced by the Instructor in the performance of his/her obligations hereunder

during the term of this Agreement shall become and remain the sole property of the Company.

3.3 Unauthorized Disclosure. The Instructor agrees and understands that in the Instructor's position with the Company, the

Instructor has been and will be exposed to and receive information relating to the affairs of the Company, including but

not limited to technical information, customer information, product information, intellectual property, computer systems,

and other information concerning the Company's products, development, business policies and practices, and other

forms of information considered by the Company to be confidential and in the nature of trade secrets. The Instructor

agrees that during the term of this Agreement and thereafter, the Instructor will keep such information confidential

and not disclose such information, either directly or indirectly, to any third person or entity without the prior written

consent of the Company (unless such information is otherwise in the public domain through no fault of the Instructor);

provided, however, that nothing in this Article 3 shall prevent the Instructor with or without the Company's consent,

from disclosing documents or information in connection with any judicial or administrative investigation, inquiry or

proceeding, provided the Instructor is compelled to do so by court order or subpoena and notifies the Company as

soon as practicable after the receipt of such court order or subpoena. This confidentiality covenant has no temporal,

geographical or territorial restriction. Upon termination of this Agreement, the Instructor will promptly surrender

possession to the Company and refrain from using all property, keys, notes, pass codes, memoranda, writings, e-mail

accounts, lists, files, reports, customer lists, correspondence, tapes, disks, cards, logs, machines, technical data or any

other tangible products or documents in the actual or constructive possession of the Instructor.

3.4 Non-solicitation and Non-disparagement. The Instructor agrees that the Instructor shall not during the term of this

Agreement and for a period of six (6) months thereafter (the "Restriction Period"), intentionally or knowingly, directly

or indirectly, (i) interfere with the relationships of the Company and Its Affiliates, or endeavor to entice away from the

Company and Its Affiliates, any individual, person, firm, corporation or other business entity who at any time during

the term of this Agreement was an employee or customer of the Company and Its Affiliates or otherwise had a material

business relationship with the Company and Its Affiliates, or (ii) discourage, or attempt to discourage, any individual,

person, firm, corporation or business entity from doing business with the Company and Its Affiliates. The Instructor

agrees that during the term of this Agreement and thereafter, he/she will not intentionally or knowingly, directly or

indirectly, make or publish any negative or disparaging statements, comments or remarks regarding the Company and

its Affiliates, instructors, employees, directors, or officers during the Restriction Period.

3.5 The provisions of this entire Article 3 shall survive any termination of this Agreement, and the existence of any claim or

cause of action by the Instructor against the Company, whether predicated on this Agreement or otherwise, shall not

constitute a defense to the enforcement by the Company of the covenants and agreements of this Article 3.

3.6 Injoong Education Termination Policy

1. Warning given to instructor for the 2nd time any of the following issues are raised
l
complaints about retention rates

l

complaints from parents for any valid "detriment to education" reason

l

failure to uphold curriculum standards

l

failure to uphold prepping, attendance or arrival before class requirements, reporting/eval!uation requirements

l

any other contractual issue which requires concern for management

2. Training & Retraining
l
will occur if any of the aforementioned reasons requires guidance, education and/or support to help the instructor

teach properly

l

the training will occur within 1 week of the 2nd warning for the above listed problems to teaching effectiveness

l

instructor will be viewed in the next 2 weeks to make sure that the instructions/training is followed appropriately

l

if instructor fails to uphold the standards requested by her/his HI, the a warning for the 3rd step in Injoong's

Termination Policy will kick into effect

l

teacher will be given another 2 weeks to change her/his teaching to abide by HI's instructions, if it is not abided

the 3rd step in the Termination policy will take effect immediately on the 2nd warning

3. Paycut & Probation

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[A-OS]

l

a paycut with a SIMULTANEOUS release letter commencing from 30 days of the paycut will be presented to the

teacher

l

the letter will serve as the 30 day notice required by the labor board of South Korea.

l

the teacher will have a chance though within the first 2 weeks to prove themselves and meet the standards

required by their HI

l

if instructor does prove themself worthy of not being on Probation, instructor will be taken off probation & placed

back in the Training & Retraining path where every 2 weeks for a minimum of 1 month will watched by her/his HI

l

if instructor is teaching "effectively" for one month, instructor will fall out of the termination path & will be back

in "good standing"

4. Firing
l
if instructor fails to meet the needs of the HI & Management of the Academy within the Probationary period, s/he

will be released 30 days from the presentation of the letter & the probationary period

4. Non-Waiver of Rights. The failure to enforce at any time the provisions of this Agreement or to require at any

time performance by the other party of any of the provisions hereof shall in no way be construed to be a waiver of such

provisions or to affect either the validity of this Agreement or any part hereof, or the right of either party to enforce each

and every provision in accordance with its terms.

5. Entire Agreement. This Agreement sets forth the entire understanding of the parties hereto with respect to the subject

matter hereof and supersedes all prior agreements and plans, written or oral between them as to such subject matter. No

party has been induced to enter into this Agreement by, nor is any party relying on any representation or warranty outside

those expressly set forth herein.

6. Severability. If any provision of this Agreement, or any application thereof to any circumstances, is deemed invalid,

in whole or in part, by a court of law or other governmental authority, such provision or application shall to that extent be

severable and shall not affect other provisions or applications of this Agreement.

7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Republic of

Korea, without reference to the principles of conflict of laws. Any and all conflicts may be resolved

in a competent court in the Republic of Korea or through arbitration if both parties agree.

8. Modifications and Waivers. No provision of this Agreement may be modified, altered or amended except by an

instrument in writing executed by the parties hereto. No waiver by either party hereto of any breach by the other party

hereto of any provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or

dissimilar provisions at the time or at any prior or subsequent time.

9. Impracticability of Performance. In the event of calamity, including but not limited to riot, insurrection, war, or other

emergency conditions, as well as significant changes in the law occurring in the Republic of Korea and caused by acts of

nature or of man, which may hinder or alter the normal operations of the Company, this Agreement shall be deemed null

and void and all obligations arising herein shall be immediately terminated.

10. Headings. The headings contained herein are solely for the purposes of reference, are not part of this Agreement, and

shall in no way affect the meaning or interpretation of this Agreement.

11. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an

original but all of which together shall constitute one and the same instrument.

12. Confidentiality of agreement. The remuneration and all terms of this agreement are strictly confidential.

Any dissemination or divulgence of its content by Instructor to other party or parties not included in this

agreement may result in the immediate termination of this agreement and null and void all terms herein.

13. Instructor Representations. The Instructor represents and warrants to the Company that the Instructor is not

subject to any agreement, written or oral, any law, regulation or similar enactment, or any decree, order or similar action

by any tribunal or government authority, which could, in any way, restrict Instructor’s ability to negotiate, enter into or fully

perform any obligations hereunder.

IN WITNESS WHEREOF, the undersigned have executed this Agreement on the date set forth below.

COMPANY (
)
By:
_____________________________
Name:

5

INSTRUCTOR

Date_______

_____________________________ Date_______
Name:

Company Email:

Init._____/_____

Instructor’s email:

[A-OS]

APPENDIX A – Company Guidelines

1. Punctuality

Rationale 1: One of the core responsibilities of the Instructor is the management and counseling of his/her students.

In order to facilitate counseling of students in every class, the Instructor should review past grades, RMA (Request for

Management Action – a form used in student management procedure) history, and other data and documents related to

his/her students and designate students for possible counseling – whether that counseling is for praise, encouragement

or any other purposes. Class time is reserved for instruction and counseling only. A review of student history, printing and

copying materials should be done outside class time as a part of preparation or follow-up. Since the well-being of students is

the main priority of Company and the Instructor, it is only the reason for instructors to be on the premises preparing for any

relevant day’s class or classes.

Rationale 2: Punctuality is a crucial component of activities or operations befitting the Instructor. Due to the obvious

unpredictability of Korean traffic and other unforeseen circumstances, the Instructor should begin their commute to the

premises with a reasonable buffer time in order to ensure his/her punctual arrival for smooth and professional classes.

Due to the above reasons, the Company may monitor and track the time of arrival of every instructor to verify that all

instructors arrive on time for class. Although it is suggested that Instructor arrives at least 30 minutes before the start of

each class, all instructors are required to log in to class in the ERPS (Enterprise Resource Management System) at least

20 minutes before the start of a 3-hour, 6-hour, or 9-hour block of classes in accordance with the rationales stated

above (the “20-Minute Rule”). All log-in to the ERP must be done in the class where the day’s instruction is to be held, and

log-in from other areas or classroom will be restricted. All log-in to other internet programs such as any other types of

messengers or chat sites are strongly prohibited in the class. The violation of these rules can result in pay reduction and

dismissal at the end.

Furthermore, the Instructor shall attend any and all his/her classes from the start thereof (the “Punctuality Rule”) and

the Instructor acknowledges that the Company will not tolerate any violation of such Punctuality Rule. The Company is

extremely sensitive to any violation of the Punctuality Rule by the Instructor because such violation is the most conspicuous

index of instructors' unprofessional behavior. It is an indication of a lack of responsibility, a poor work ethic, and a blatant

disregard of the trust that the Company has received to educate Korea’s children. Therefore, the following guidelines shall

be used in order to promote not only awareness but also certainty of the results of such violations, and the Company

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[A-OS]

requests that the Instructor do his/her utmost to maintain the level of professionalism required to abide by the guidelines

below.

* The formula for payment deduction: Payment for services provided by the Instructor under Article 1 of the Agreement

shall be deducted by the missed class time, which shall be calculated by rounding up any minutes of class time, during

which the Instructor fails to attend the relevant class, to the nearest hour (for examples, being late for 1 minute will result

in deduction of payment for 1 hour and being late for 61 minute will result in deduction of payment for 2 hours).

2. Absence without Prior Notice

Any absence from a scheduled class without at least 24-hour prior notice and approval from the Company shall constitute a

violation of the Punctuality Rule for the purposes of considering probation or termination of the Agreement but not for the

purpose of payment deduction under the Punctuality Rule.

3. Dress Code

Dress code will be in effect for all instructors of the Company, including the Instructor, to promote a professional image of

the Company. In the interest of fostering a “casual, but smart” image, the following items are prohibited:

a. All headwear including, but not limited to, baseball caps, bandannas, skull-caps, and hats;

b. Any article of clothing that is torn, ripped, or tie-dyed, or camouflage-printed;

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Init._____/_____

[A-OS]

c. Any article of clothing that contains vulgar, profane, violent, or sexual content;

d. Any article of clothing which may be excessively revealing including, but not limited to, muscle-

e. All short-cut pants exposing the legs, including, but not limited to, Bermuda shorts, khaki shorts,

f. Any article of clothing that is purposely oversized or excessively baggy including but not limited to snowboard

pants, hip-hop gear, military fatigues, and overalls;

g. Flip-flops, slippers, bowling shoes, and combat boots;

h. Public exposure of piercing of the body and face with the exception of earrings in the amount of up to three(3)

earrings per ear limited in size to two (2) inches in diameter. Nose rings, eyebrow rings, lip rings, and cheek

piercing are strictly prohibited;

i. Public exposure of any tattoos, hennas, or other figurative markings on the body. These markings must be kept

covered with appropriate articles of clothing or accessories; and

j. Any dyeing or cutting of hair in a conspicuously unusual manner including, but not limited to Mohawk haircuts,

Punk-style haircuts, or hairstyles with fluorescent colors.

*Special exceptions to the above-mentioned items may be granted for religious or medical reasons on a case-by-case basis.

*Instructors, including the Instructor, should realize the importance of maintaining an appropriate level of formality at

the end and beginning of terms. While formal attire is not mandatory, professional appearance and conduct are of utmost

importance.

student of the Company, and to smoke only in designated areas.

T’s, tank-tops, half-T’s, and miniskirts;

and jean shorts;

Instructors, including the Instructor, are also encouraged to refrain from smoking within visibility of any

4. Probation

Any instructor who fails to comply with any of the guidelines set forth herein may be placed on a probation for a period from

thirty (30) days to one hundred and eighty (180) days depending on the nature and extent of the failure. The consequences

of being placed on probation are as follows:

1) Instructor is ineligible for performance bonuses, and any other additional fee-based assignments at Company
during the period of probation;

2) Instructor may have number of teaching hours or classes reduced;

3) Instructor may be required to attend additional training sessions;

4) Instructor may not request professional development leave during the period of probation;

5) Lack of immediate and sustained improvement by the Instructor during the period of probation may lead to
immediate termination of Agreement;

6) Any further infractions to Company guidelines may lead to the immediate termination of Agreement; and

7) Possible termination of Agreement at the end of the probation term in the event that the Instructor receives
below-average performance ratings (below 25%) during the period of probation.

Instructors, including the Instructor, who have committed any of the following violations or any combination thereof may

be placed on probation based on the nature and extent of such violation(s), or deemed to have breached the terms of the

Agreement, for which the Company may terminate the Agreement under Article 3.2:

1. Three or more violations of the 20-minute rule during one (1) term;

2. Five or more violations of the 20-minute rule during any six (6) month period;

3. Two or more actual case of tardiness from class during one (1) term;

4. Three or more actual case of tardiness during any six (6) month period;

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Init._____/_____

[A-OS]

5. Tardiness to or failure to attend scheduled meetings and training sessions on two (2) or more occasions during

one (1) term without prior approval;

6. Requests for sick days or emergency leave on a continuous basis;

7. Unauthorized use of the computer for personal purposes during class including but not limited to playing games,

using messenger, using the Internet, and creating documents or files;

8. Leaving the classroom during scheduled class hours (other than during break times);

9. Failure to properly check Company communication portal and related email account on a daily basis or

otherwise fail to receive and respond to communications from Company on a continuous basis;

10. Failure to properly complete and provide information pertaining to classes or requested by Company staff on a

timely basis including, but not limited to, student grades, overall student evaluations, scheduling preferences,

and level placements;

11. Failure to return homework, quizzes, exams, or other class materials to students within a timely basis;

12. Improper conduct leading to a complaint from a student, parent, faculty, staff, manager, officer, or director

where an investigation into the matter reveals that the Instructor was at fault and that his/her actions caused

harm to the reputation or the work environment at Company;

13. Conduct unbecoming an Instructor including but not limited to violation of the laws of Korea, contributing to

the delinquency of a minor, causing a public disturbance, and public drunkenness; or

14. Poor work quality evidenced by unsatisfactory performance ratings at the end of any academic term.

5. Conduct

The Instructor shall not engage in using any foul language, mature content, or otherwise offensive themes/materials in any

class. In addition, the Instructor shall observe all Korean laws and regulations as a responsible Korean citizen or visiting

foreign national, as appropriate.

6. Sick Days

Instructors may request a substitute instructor for his/her classes in the case of emergency. Instructors are granted two

(2) sick days for the term of this Agreement. A doctor’s notice shall be provided to the Instructor’s Branch Manager for an

illness requiring a sick day and to be eligible for paid leave of absence. In the event that the Instructor does not provide

adequate medical documentation, he/she will forfeit pay for any sick day(s) taken. Subsequent days beyond the two (2)

allotted sick days will not be paid for by the Company. During days where sick days are taken, no credit will be given for

the months’ calculation of hours. Substitute classes may affect professional development leave eligibility depending upon

the nature of the reason for the missed class. In the event that the Instructor has taken two (2) or more sick days or

emergency leave days during one academic term, he/she may have to deduct time from her/his vacation time.

7. CCTV

The purpose of CCTV is (1) to serve as a resource for all the instructors of the Company, including the Instructor and (2) to

serve as a monitoring tool.

The primary purpose of the CCTV system is not for Company and its training consultants to monitor Instructor performance,

but rather for all instructors, including the Instructor, to continue developing their skills. Hence all instructors, including

the Instructor, will have access to (i) their own classroom footages and (ii) classroom footages of other instructors when

accompanied by the head instructor of the Company to observe the best examples of teaching skills and methodologies.

CCTV as a monitoring tool serves a vital role in not only evaluating the instructors, including the Instructor, but also serves

as a blanket of protection. The Company may verify student complaints and defend its instructors, including the Instructor,

when complaints are groundless.

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Init._____/_____

[A-OS]

8. Training Program

The Instructor is also required to attend periodic training sessions held by the Company in order to improve instruction

quality. The hours spent in relation to these periodic training sessions shall not be construed as teaching hours and the

Instructor shall not be compensated for preparing for, traveling to, or attending such training sessions.

9. FM/HI Cooperation
The Instructor is also required to attending periodic meetings with Head Instructor or Faculty Manager.

[YTMND]

[Ignacio10]

[quails]

I'm back with yet another contract to review. (Actually, I have two offers right now, so I have two contracts to post. I'll post them as separate posts.) Any advice is much appreciated, as always! Thanks in advance.

***
EMPLOYMENT AGREEMENT FOR TEACHER

FIRST YEAR CONTRACT


This EMPLOYMENT AGREEMENT has been made this November 5th being represented by ___ established under the laws of South Korea at ___ (hereinafter referred to as the "Employer") and ___ citizen of USA whose passport number is ___ (hereinafter referred to as the "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 the employment and will work in his/her full capacity for the school.


CLAUSE 2 ( EQUAL IDENTITIES & WORKLOAD )

a. The employer and employee are individuals of equal value and respectability coming together respectfully to exchange their services.
b. The service of the employee is to offer certain agreed-upon 125 hours (9:30am~7:10pm) a month in the humane way he/she agreed upon here or hereafter. The employer will return the employee’s energy and efforts with material and service support such as proper housing, salary, etc. as mutually agreed upon here.

CLAUSE 3 ( PERIOD OF EMPLOYMENT )

The total Agreement term is approximately one year, commencing from the date of arrival in Korea and to the last teaching day of the teacher's twelfth teaching session.
The term of this Agreement includes an orientation period, twelve consecutive teaching sessions, and all scheduled vacations and holidays that fall between or during teaching sessions.
The teacher agrees to discontinue his/her residence in Korea under the visa status arranged and sponsored by the employer and leave from the status within five days of termination of this contract.


CLAUSE 4 ( THE TEACHER’S DUTIES )

During the terms of this Agreement, the teacher must cooperate and comply with the instructions and disciplines of the school. Assisting the Supervisor he/she must carry out assignments as directed by the employer. The Supervisor will be responsible for establishing and communicating the Standards of Performance as related to the above mentioned duties.
The teacher must have adequately prepared for the class in advance and be in
school 30 minutes before the first class without payment .

At all times during the terms of this contract, the male teachers should wear ties and the female teachers will wear dresses or dressy pantsuits in the school unless otherwise instructed
The teacher’s work will include the followings :

a) Teaching of English language (Target students’ ages: 5 to 15)
b) Development of educational programs and materials
c) Curriculum design and implementation
d) Indoors and outdoors classroom activities for/with students
e) Grading and assessment of students
f) Student counseling or evaluation
g) Attending at teacher’s meetings, workshops and parents’ meetings etc
h) Other related activities
i) Session telephone teaching to selected classes for 3 ~5minutes per call
(1 telephone teaching = 1,000 won), the school will provide dinner if the teacher works evenings while telephone teaching


CLAUSE 5 ( SALARY AND WAGE)

The employer agrees to pay the teacher a session salary of 2.4 million won for 125 teaching hours a month.
The payment of the salary is to be made on 10th day of the month following session.
Each teaching hour exceeding the125 teaching hours is considered as overtime. And the payment for the overtime will be 18,000 won per each working hour.
Attendance at scheduled staff meetings and workshops should be mandatory and are not accounted for the overtime.


CLAUSE 6 ( WORKING HOURS )

During the terms of this Agreement, the teacher should work in proper manner and under good cooperation with the Supervisor.
The teacher can be requested by the Supervisor to participate in the scheduled staff meeting and workshop.
The employer can not guarantee the teacher for such classes of specific times as requested by the teacher.


CLAUSE 7 ( TAX )

Income tax and retirement taxes will be deducted off the salary according to the Korean tax law


CLAUSE 8 ( TRANSPORTATION )

The one year contract come with a round trip airfare
The employer is to provide the teacher with an economy class ticket and transportation from the teacher’s convenient airport to the teacher’s residence in Korea. After completion of the one-year contract, the teacher will be provided with a return ticket.
In case the teacher leaves the school before his/her contract period ends, the school will not pay for his/her return ticket.
If the teacher leaves the school before six (6) sessions have been completed of this contract for his/her own sake, the teacher must reimburse the school the cost of the ticket the school has paid for his/her trip to Korea or the school may deduct the same off the teacher’s last session payment.


CLAUSE 9 ( ORIENTATION PERIOD/ALLOWANCE )

Upon arrival in Korea, the teacher may be allowed a few days’ lead time for adjustment and preparation for school prior to beginning of his/her regular teaching work.
The teacher will be listed on a payroll from the date of his/her arrival except for weekends and national holidays in Korea.
During the orientation period the teacher should be insides the school making lesson plans and learning about the school systems. The rate of payment for the orientation period will be 30,000 won per day and will be paid on the 10th day of the following month.


CLAUSE 10 ( MEDICAL INSURANCE )

The teacher will be covered by medical insurance under the Korean Medical Insurance Union, a private health organization.


CLAUSE 11 ( VACATION & HOLIDAYS )

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, during the period of the contract. National Holidays, Saturdays and Sundays shall not be included in a paid vacation.


CLAUSE 12 ( ACCOMMODATIONS )

The school will provide the teacher with furnished accommodations which is one room for one person. Furnishings being provided by the employer include: television, refrigerator, washing machine, bed, kitchen table, chairs, two-burner gas hot plate, and telephone, etc..
Selection of the apartment will be determined by the employer.
The cost of monthly service, utilities, and telephone charges for the accommodations will be paid by the teacher. For the first three sessions, the Employer will collect the deposit of 200,000 won each session, in order for the employer to pay off the bills of utilities and telephone charges, which the employer is to receive during the two sessions after the teacher has left.
The deposited money will help pay off the bills and the balance thereof will be transferred to the teacher’s account back home


CLAUSE 13 (ANNUAL BONUS)

Upon completion of this one year contract, the teacher will receive one session salary of __ 2.4 million_won as a severance payment in accordance with Korean Labor Laws. This payment will be made at the time of completion of the contract period.


CLAUSE 14 ( DISMISSAL OR VOLUNTARY RESIGNATION )

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

Neglect his/her duties stipulated in this agreement
Frequent absences from work
Has received two warning letters
The inability to perform the duties stipulated in this agreement
The teacher’s criminal or misconduct

The employer agrees to dismiss the teacher from employment giving 20 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.
In such case as the teacher resigns from employment, he/she can do so giving one session notice to the employer.
In either case of dismissal or resignation before completing six (6) sessions of the contract term, the teacher must reimburse the employer the ticket cost paid for his/her trip to Korea.
The teacher is not allowed to teach a private class outside the school unless otherwise agreed by both parties. If the teacher teaches a private class outside the school without the employer’s permission, it would result in dismissal of the teacher, in which case the school has no obligation to pay the teacher a severance payment and the cost of his/her return ticket.


CLAUSE 15 ( GOVERNING LAW & JURISDICTION )

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

[quails]

Here's the other contract I have been offered recently.
***
CONTRACT / AGREEMENT

This document is a contractual agreement between the Director, ___, of ___ with address at ___ hereafter referred to as “ Party A “ and ___, Passport #___, hereafter referred to as “ Party B”.

1. Contract period

The period of this contract will be starting from__4st Mar 2013__and will be terminated on_30th Oct 2014
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

Employee shall be paid _2,100,000_won per month. However, the Korean income tax (3.3% of salary: dependant on variation in Korean tax law), medical insurance under Korea law shall be withheld each month from Employee’s salary (50% of medical insurance will be supported by employer). The Employer will enroll Employee in the Korean Nation Healthcare and give Employee insurance card (after getting E2 VISA & social number).
Employee’s salary from 1st day of the month to last day of the month shall be paid on the10th of month following each pay period. If this day falls on a National Holiday, Saturday or Sunday, the salary will be paid on the immediately preceding business day.
If Employee should be absent from Work without a prior approval, his or her salary for that month shall be deducted 2times by the amount calculated on a pro rata daily basis for the number of unauthorized absent days.
Upon completion of the 1 year contract, Employer shall pay Employee thirty (30) calendar days’(1 month) average wage as a severance pay for Employee’s continuous employment of one year. The severance pay will be paid on the last working day of the contract period. In the case of Employee’s resignation during the Term of Employment, the employer will not pay the severance pay.
Employee whose contract is renewed for a second term or subsequent terms may be eligible for an increase in salary. The increase is not automatic and will depend, in all cases, upon the Employee’s teaching performance and contribution toward the achievement of the educational goals of ___.

3. Working Hours

The employee(Part B) will work for employer(Part A) as English language instructor. Working hours is from 09:30am to 19:00pm (and a weekly meeting once per week at 6:00pm). The employee(Part B) will organize what the employee(Part B) did or does and clean a room every day before leaving school.
Classes and teaching will be scheduled in accordance with the needs of employer(Part A) without the employee’s consent.
Any teaching hours past 19:00pm in one teaching week (except weekly meeting) is considered overtime and must be mutually agreed on. Overtime payment will be 20.000 won each hour.
Employee(Part B) will work 5days a week (on Monday, Tuesday, Wednesday Thursday, Friday), and Employee (Part B) should attend a special event day if required which was noticed 2 weeks ahead of time(up to twice in a year), even if it’s not a working day.

4. Accommodation

The employer(Party A) will provide a furnished housing (unshared) and will take responsibility for normal building maintenance.(repairs, etc.).
In case that both parties agree, the employee(Part B) shall be paid the monthly rent. In this case, the employee(Part B) will take all the responsibility for finding an apartment and paying the deposit money and all the expanses for the contract. The employer(Part A) will not take any monetary responsibility (such as repairs, etc) except the monthly rent.
Party B’s accommodation is a single or studio.
Party B will be responsible for paying utilities, such as for the gas, electricity, etc.

5. Air Fare and Resignation

The airfare for Employee’s flight, actual purchasing price, to Korea shall be paid by employer based on an economy class airfare from his/her permanent residence(big city) to Incheon International Airport.
Teacher residing outside of Korea: The Employer shall pay for airfare between the nearest International Airport from the Employee's place of residency(big city) and the Incheon international airport in Korea. Airfare will be paid in the following fashion: A one-way ticket to Korea will be reimbursed upon commencement of the employment contract in Korea and after the completion of the employment contract a one-way ticket to the airport of departure will be provided.
Teacher residing in Korea: Teachers hired in Korea shall have the visa trip (if required) to the nearest country from Korea (cost limit 400,000won : round-trip airfare, E-2 visa pick up cost , room charge & other cost 120,000won) reimbursed by the employer on the first paycheck day. After the completion of the employment contract a one-way ticket to the Employee’s foreign residence(capital city) will be provided, only if the employee doesn’t make a new contract for the next year with the employer.
Once the Employee receives E-2 visa, Employee must apply for an Alien card at the immigration office which is an indispensable card required to live in Korea. It will cost 20,000won for the stamp, and it will not be reimbursed by Employer.
If Employee should desire to resign during the Term of Employment, he/she must give Employer a forty five (45)days prior written notice of resignation stating a date of and a reason for resignation.
In the case of Employee’s resignation during the Term of Employment, the airfare for his/her return trip shall be borne by Employee and his/her visa shall be cancelled.

6. Holidays

Employee (Part B) may be entitled to paid leave for Korean national holidays and not more than 10 additional working days(include school’s vacation – summer, winter, temporary) during the term of the employment. Paid leave may be taken as a block when the school is not in session during the summer semester and incrementally during the winter. Saturday and Sunday do not count as vacation days.
Employee (Part B) shall notice a minimum 14-days prior written notice for individual vacation and be permitted by the Employer .
If Employee(Part B) renews the contract, unused yearly paid leave cannot be carried over to the new contract period.

7. Office Regulations and Restrictions

Employee shall faithfully observe his/her Director’s requests on his/her duties defined in Contract.
Employees shall not leave the school during the working hours without the Employer’s prior consent except the lunch time.
Director shall evaluate Employee’s performance of official duties under guidelines.
Employee shall devote his/her full working hours and occupational attention to the defined duties in these terms and conditions, except for cases specially provided during the contract term.
Employee shall not damage or tarnish the reputation of the teaching profession. Employee shall comply with and observe any codes of conduct acceptable for Korean teachers.
Without the Director’s and Korean Immigrations permission, Employee shall not be employed or involved in other paid business (including a part-time job).
If Employee has a contagious disease or other illness as set out in the following items, Director shall prevent Employee from performing duties.
The fear exists that Employee with a contagious disease is not taking measures to prevent the spread of the disease.
The fear exists that labor will significantly worsen Employee’s disease from which Employee suffers
Employee is affected by a disease as determined by the Ministry of Health and Welfare.

9. Termination of the Contract

Employer may terminate or cancel this Contract upon occurrence of any one of the following events;

If the Employee is found guilty of violating laws of the Republic of Korea.
If Employee fails to perform or unsatisfactorily perform any of the duties stipulated in this contract or the Employer is dissatisfied with the performance of the employee, the school closes or encounters financial difficulties (providing a minimum of 10 days notice).
If Employee fails to perform continuously his/her duties for more than 2 days without any excuse.
If any of the information provided in Employee’s application is neither true nor accurate.
If it is determined that Employee is prevented from or incapable of performing his/her duties set forth in Article hereof for a medical reason, whether it is a physical or psychological ailment.(If requested by Employer, Employee must be immediately available for a medical examination.)

In the event that this contract is terminated pursuant to the foregoing 1, Employer shall pay Employee a pro rated salary based on the number of days Employee actually worked for. In this case, Employee shall be responsible for his/her return trip to his/her home country. Employee’s visa will subsequently be cancelled
If Employee is sentenced to a term of imprisonment (or any other more severe penalty), Employee shall automatically be dismissed and Employer will not provide any financial compensation.

10.Matters not explicitly stated in the Contract
Matters not explicitly stated in the Contract shall be determined by Employer.

11. Governing Law, Language and Venue

The terms of this contract and the rights and obligation of the parties hereto shall be construed, interpreted and determined in accordance with the laws of the Republic of Korea.
The Governing language of the contract shall be English & Korean. The translations of both are the same.
If a dispute or disagreement should arise in connection with or out of this Contract, the parties hereto shall first try to resolve it in accordance with a principle of good faith. However, if the parties fail to mutually resolve such disputes or disagreements or come to amicable settlements, their disputes or disagreements shall be finally resolved by arbitration of the Korean Commercial Arbitration Board.

12. Teachers’ tasks within working hours

Teaching and playing with students
Event day preparing and running
Weekly and Monthly Evaluation and Teaching plans
Writing comments on the Internet homepage of ___ on a regular basis.
Homeroom teacher’s duties including counseling and communicating with the parents and taking care of the homeroom students.
Instruction by derector.
The photo of the employee shall be used on the website and brochures for advertising the academy.

13. Special tasks and Amendments as a western head teacher
(In case that the employee is appointed as a western head teacher by the employer)

Event day planning, preparing , running and task administration (Elementary and Kindergarten)
Market Day for Elementary and Kindergarten every month
Curriculum updates, new courses, new book selection, book page targets checkup and updates (Elementary and Kindergarten)
Monitoring and upgrading the educational systems and reporting the results to the director.
Having a meeting on the progress of the education systems with the director at least once a week.
Training and Evaluating new English teachers for teaching skills and methods

Responsibility for the above tasks earns an additional money per month for employee. The amount of money will be decided by the employer(limit 200,000won).

14. Signature
In witness whereof, the parties hereto sign the Contract in triplicate on the date entered below with each party retaining one copy and submitting the third copy to an immigration office for Employee’s visa application.

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