Site Search:
 
TEFL International Supports Dave's ESL Cafe
TEFL Courses, TESOL Course, English Teaching Jobs - TEFL International
Korean Job Discussion Forums Forum Index Korean Job Discussion Forums
"The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
 
 FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister 
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in 

THE CONTRACT REVIEW THREAD: Post yours here for a review
Goto page Previous  1, 2, 3 ... 131, 132, 133 ... 138, 139, 140  Next
 
Post new topic   Reply to topic    Korean Job Discussion Forums Forum Index -> Job-related Discussion Forum
View previous topic :: View next topic  
Author Message
homblagorg



Joined: 18 Nov 2013

PostPosted: Tue Nov 19, 2013 11:21 am    Post subject: Reply with quote

I just received this contract and I already know there are some fishy and incorrect things about it, but it would be great for someone to help me go over so that I know just exactly what to watch out for in the future.
Of concern is the vagueness of the additional working hours, the lack of information about working hours, the dismissal clauses, and a couple other fishy sections. I would also like to know if it is worth it to argue and negotiate some of these issues or to simply look for a new job? Thanks.
---------------------------------

This contract is made and entered on of November, 2013 by and between ________ located in Cheongju City, Korea (hereinafter called the “Employer") and _________ as an English Teacher (hereinafter called the "Employee". Both parties agree as follows.

1. Employment of Employee
The Employer would like to hire the Employee as an English teacher. The employee agrees to work for the Employer as an English teacher in Cheongju City, Korea.

2. Period of Employment

The period of this contract is one year beginning from the date of the employee's first working day at the institute, in Korea.

3. Conditions of Employment
The employee's job description shall consist primarily of the followings.
A. EFL instructor in any and all phrases of the Employer's program in classes that range from the preschool age to junior high school level.
B. Curriculum design and implementation
C. Development of educational program and materials
D. Field activities for and or with students
E. Grading and evaluation of students
F. Student counseling or evaluation
G. Attendance at teachers meetings and workshops
H. Other related activities
I. Proofreading school documents
The Employer owns the rights to all teaching materials produced by the Employee.
Either the Employer or the Supervisor appointed by the Employer, has the right to observe all teaching and teaching material used by the Employee.

4. Work Schedule
The number of teaching hours will be 30 hours per week. Time spent outside of class is not considered part of the 30 teaching hours. (This includes time used to prepare for classes, break time in between classes, and work given outside of teaching time.)

5. Salary, over time, Severance Payment, and Tax
A. Salary will be (2,200,000 ) won per month. This salary will be paid on the 10th day of the following month, depending on when the teacher arrives.
B. Overtime rate is 20,000 won per an hour, for each hour that exceeds teaching hours per week.
Attendance at scheduled staff meeting, workshops, field trips, picnics, a talent show, an entrance ceremony, the graduation ceremony and any events for Kindergarten (which is mandatory - no pay) cannot be considered as overtime.
C. Employee will be given an additional equivalent of one month’s salary, upon completion of his/her contract period, as a severance payment.
D. The employer will not be responsible for providing pension for the employee due to the based salary pay agreement.
E. The income tax rate will be 5% in accordance with the Korean Tax Code. The income tax (Salary, Overtime, and Bonus) shall be deducted from the salary of the Employee each month.

6. DUTIES OF TEACHERS
The following policies have been established to assist instructors in the expected performance of their duties. The Employer will have the right to dismiss the employee for clear and frequent neglect of duties under this agreement.
A. The Employer shall request the resignation of the Employee, if the Employee is found to be guilty of gross misconduct in the execution of his teaching duties. If this gross misconduct brings a negative effect to the classes, the Employer may break the annual contract, dismiss the Employee and shall be free from any legal responsibility. However, prior written notice is required to ensure that the Employee is given adequate opportunity to correct his/her misconduct.
B. Professional dress and grooming in the work place are essential to maintaining the desired reputation of the institute. The Employer shall establish guidelines for professional dress.
C. All instructors must behave in a professional manner during class and when socializing with students outside of class. Instructors should be aware of the cultural background of Korean students and their expectation of teachers.
D. Instructors are required to attend all staff meetings on Monday or any staff meetings as requested by the Director. If an instructor must be absent, he/she must inform the Director or Assistant prior to the meeting.
E. Instructors are required to interview new students as required and evaluate their placement level.
F. The Employee shall not be absent unless they give the director enough time to find someone who can teach the classes. They must also have a medical document, called “Jindanseo” in Korean that the director can accept. When the Employee is absent with enough time for the director to find a replacement teacher and the reasonable documents, the Employer may deduct 20,000 won per teaching hour for being absent up to 12 teaching hours or 2 working days off within a year. This also applies if the Employee is more than 10 minutes late for a class session without prior notification.
However, if the Employee is absent for a personal reason without any official documents that the director can accept and is absent without prior notification, the Employer may deduct 40,000 won for every teaching hour for being absent or late.
In addition, After the employer has already used 3 paid sick days and 12 teaching hours or 2 working days off on the conditions of 20,000 won deduction, if the employee takes more classes or days off, each class (60 minutes) will be deduced as the amount of money, 25,000 won up to 5 extra days or 30 hours off within a year with the reasonable document that the employer can accept. However, if the employee takes more than either 10 days off or 60 classes off including paid sick days and unpaid classes off within one year total , the contract between the employer and the employee will be automatically terminated.
In this case of contract’s termination, the employer shall be free from any legal responsibility and the employer is not responsible for providing a return ticket to the employee and will not pay severance payment.
G. The Employee will be sanctioned by the Director if they make sexual advances towards students or if questionable inter-personal relationships with individual students develops upon which they would be terminated from employments.
H. The Employee shall prepare teaching materials for each class beforehand and will be honest and diligent in teaching students in all classes. The Employer agrees to furnish all curricula, textbooks, and other materials.
I. If many of the Employee's students complain about the classes, or if the students’ enrollment falls below the accepted average for the third consecutive month, the Employee will be required to attend teacher training or other teacher classes as requested by the director.

7. Housing
The Employer will provide rent-free housing for the Employee. The Employer shall provide furnished living accommodations, single studio apartment. Meals are not provided. Employee pays his building maintenance fee every month that includes water, public electric, up-down drain, and refuse. Cable TV and ADSL will be optionally paid if he or she applies for them. Employee pays telephone charges, gas charges and electric charges every month according to each bill. When the employee finishes or quits his / her contract, the employee will be charged for outstanding bills that are based on his / her average charge.

8. Transportation
The Employer will purchase for the teacher an economy class ticket (chosen by the employer) from the closest international airport of point of hire to Korea. After completing the one-year contract, the teacher will be provided a return ticket. In the event that the teacher willfully leaves the school before his/her contract is over, the school will not be responsible for the return ticket. If the Employee is re-contracted and wishes to return home for any reason, the Employer will provide tickets both to and from home. If, however the Employee wants to get his/her return ticket cost in cash for the employee’s personal reason, the Employer will pay 600,000 won in cash instead of providing return ticket.

9. Preparatory Period
After arrival in Korea, teachers may be allowed a few days for adjustment and school preparation before beginning regular teaching duties. The preparatory period will be spent in the institute preparing for classes and learning the instructional system.

10. Paid Holidays
The Employee will observe 2 school vacations per year, one in the summer and one in the winter. The date of vacation will be scheduled by the school. Summer vacation consists of fives working days and the weekend. On the other hand, winter vacation is only for five days (which includes the weekend and the holidays within the 5 days.) School vacation is usually at Christmas and during the month of July or August, but may vary. They will also observe all Korean national holidays.
.
11. Paid Sick days
The school has 3 paid sick days in the year. If the Employee is to be paid, they must bring a medical certification, called “Jindanseo” in Korean that the Employer can accept. If the Employee is sick more than 3 days and they need to take extra classes or days off with the appropriate medical certification, called “Jindanseo” and the Employer will deduct 20,000 won per teaching hour time up to either 12 teaching hours or 2 working days off. If the Employee does not bring appropriate documents they will lose 40,000 won per teaching hour for that day.

12. Medical Insurance
The teacher will be given the option of private health organization. The costs of this coverage will be borne half by the Employer and half by the teacher. A payment will be made through a deduction from the salary. However, this is not mandatory. It is an option, offered by the employer for the employee.

13. Dismissal
The Employer will have the right to dismiss the teacher for failure to attend to his or her assigned duties, outlined in number 6. This will also include frequent absences from the place of employment without the approval of the Academic Supervisor (Director). Prior to any dismissal, the teacher will be warned of dissatisfaction twice, by a written letter. In order to remedy the situation the teacher must improve the situation to satisfactory standards and write a formal letter of apology to the employer.
In any case of dismissal, the employer is not responsible for providing a return ticket and will not pay severance payment. In addition, the teacher who is dismissed before six months must pay back the initial airfare and airport pick up costs, otherwise the school has the right to deduct these costs from the employee’s last payment.

14. Immediate Dismissal
The following misconducts are grounds for immediate dismissal, without prior notification:
A. A criminal offense under Korean law that has been clearly substantiated inside or outside the place of Employment, and that would be deemed inappropriate by the Academic Institution.
B. Any action inflicting injury upon any student or another staff member.
C. If they were to give the school a bad reputation from their inappropriate behavior at work or otherwise.
D. Any action that degrades the school and promotes a negative atmosphere for other employees and the school (saying rumors, inappropriate things about the school, causing fights among workers, etc.).
E. If they gave the school’s secret information (i.e. School curriculum, Lesson plans, School management state or any School policy) including school documents to those not employed by the school.
F. If they conduct illegal teaching of non-students for a fee such as private tutoring out of the school or teaching students at other schools, without the Employer’s approval. In this case the Employee will not receive the paid plane ticket home or the severance payment at the end of the month, and will be required to pay the Employer one month’s salary. In addition to that, the Employee who is dismissed before six months must payback the initial airfare. They will also be subject to punishments for illegal working practices by the Korean Law.

15. Voluntary Resignation
If the Employee seeks release from his/her contract due to cultural differences, homesickness or personal problems, he/she must inform the Employer within 2 months of the date when they wish to quit. The teacher must also receive a written agreement on that situation from the Employer.
The Employee will be required to work until a new Employee will arrive, for a maximum term of 3 months. In this case, the Employee will be required to pay the initial costs (ex-air fare, recruiting fee, etc.) that were paid for them by the school when they arrived.
In addition, the employer will not provide a return ticket and will not pay the severance payment in term of voluntary resignation.
In the case that the Employee finds a replacement teacher, he/she may negotiate all responsibilities relating to voluntary resignation but the Employer has the right to make the decision.
However, should the Employer wish to terminate the contract for personal reasons, then the Employer will be required to provide airfare for the Employee. Alternatively, the Employer should give the Employee sufficient time to find another job at another institute.

16. Leaving the country or breaking the contract without Notification
If he/she breaks the contract and returns home or elsewhere during the contract period, the Employee can take the case to an international lawyer who will demand the repayment of the initial fees. The Employer has already a candidate. These fees include the agent fee, initial airfare, airport pick-up fee, and international lawyer payment.

17. Governing Law and Jurisdiction
Any dispute arising in connection with this contract shall be resolved in a Korean court of law according to Korean Regulations and Codes. The parties agree to comply with all applicable laws in their performance of this Agreement.
IN WITNESS HERE OF the parties have agreed upon the stipulations above as of the date this contract.
Back to top
View user's profile Send private message
Semifinal



Joined: 07 Aug 2013

PostPosted: Tue Nov 19, 2013 11:34 am    Post subject: Reply with quote

Hey everyone. Just got offered a job recently, and despite the school being one of the few I've seen with mostly positive reviews from teachers working there, I'd really like another set of eyes to look over the contract, since this would be my first go at teaching in Korea.

_____

TEACHING AGREEMENT



* APPOINTMENT/QUALIFICATION

A. The Institute agrees the teacher to teach XXXXXX Program(s) during the period stipulated herein.
B. The term of this agreement includes the orientation and training period, twelve (12) full and consecutive teaching sessions, and all scheduled vacations and holidays that fall between or during the teaching sessions.
C. The teacher understands that he/she should be a qualified/licensed teacher by the government of one of following countries (United States, Canada, United Kingdom, Ireland, Australia, New Zealand, and South Africa) to teach XXXXXXX Program(s) and will teach the students with the trained teacher’s professionalism.


I. PARTIES AND BACKGROUND

A. This Agreement is made on November 18th, 2013 by and between XXXXXXXXXX, with its head office at XXXXXXXX Seoul, Korea (hereinafter referred to as the "Institute"), and XXXXXXXXX, a citizen of USA, holding passport number _______________ (hereinafter referred to as the "Teacher").
B. The Institute desires the teaching services of the Teacher and the Teacher has agreed to provide such services under the terms and conditions set forth in this Teaching Agreement.


II. PERIOD OF AGREEMENT

A. The period of this Agreement is approximately one year, beginning on the first date of teaching and finishing on the last teaching day of the teacher's twelfth teaching session. The first teaching date is March 3rd, 2014.
B. The terms of this Agreement include twelve (12) full and consecutive teaching sessions and all scheduled vacations and holidays that fall between and during teaching sessions.


III. WORKING CONDITIONS

The Teacher's work shall consist primarily of the following:
A. English as a foreign language instruction in any and all phases of the Institute's classes and programs.
B. The Teacher understands that most of the Institute's students are in preschool and elementary school.
C. Curriculum design and implementation.
D. Development of educational programs and materials.
E. Out-of-class activities for and with students, including field trips.
F. Grading and evaluation of students, including checking homework.
G. Student counseling.
H. Attendance at staff meetings and workshops.
I. Other class-related activities.



IV. DUTIES AND OBLIGATIONS OF THE TEACHER

A. During the term of this Agreement, the Teacher shall cooperate and comply with the rules and principles of the Institute, the instructions of the academic supervisor, and shall carry out such, including the teaching program related to the Teacher's classes.
B. At all times males will wear neckties, and females will wear dresses or dressy pantsuits (unless otherwise instructed).
C. The Teacher shall come to the Institute at least thirty minutes prior to the start of both morning and afternoon classes for class preparation.
D. The Teacher shall complete the tasks agreed to with the Institute.
E. The Teacher is required to attend all staff meetings, workshops, and teacher training courses ("TTC") provided by the main office. If absence is unavoidable due to illness or medical emergency, the Teacher shall give prior notice to the Institute or academic supervisor and provide a doctor's note upon returning to work. Absent days are unpaid.
F. The Teacher may be required by the Institute to give brief presentations at staff meetings about educational topics directly related to the Institute's mission. The Institute will notify the Teacher in advance of the staff meeting in order that the Teacher may have sufficient time to prepare.
G. The Teacher shall behave in a professional manner during class and when socializing with students or students' families after class.
H. The Teacher shall not be absent from the Institute without the Institute's permission and is required to give prior notice of at least two days.
I. If the Teacher is more than ten (10) minutes late without prior notice, one class hour (forty (40) minutes) rate of payment may be deducted from the Teacher's pay.
J. The Teacher shall respect the Korean people's moral standards, customs, culture, and sensitivities.
K. The Teacher shall not sexually harass students in his or her charge.
L. The Teacher shall not jeopardize the physical safety or health of any student.
M. The Teacher shall not engage in any form of physical or corporal punishment.
N. The Teacher shall not bring into the institute any weapon, tool, or other object unrelated to teaching which is either in fact physically dangerous, or likely to be perceived as threatening, harmful or dangerous by students or staff.
O. The Teacher must follow the Institute's teaching guidelines.


V. SALARY AND OVERTIME

A. Salary is based on class hours and teaching hours. Teaching hours are sixty (60) minutes in length. Class hours are forty (40) minutes in length.
B. A monthly salary of 2.1 million won will be guaranteed for 110 teaching hours ( 165 classes ) per monthly session.
C. If the Teacher’s total teaching hours in any particular monthly session fall below one hundred ten (110), then the Institute or the academic supervisor may require the Teacher to perform additional work, to fulfill the minimum working hours.
D. Salary will be paid on the fifteenth (15th) of the following month. If the fifteenth falls on a weekend or holiday, then the Institute shall pay salary to the Teacher on the next working day.
E. Each teaching hour over the guaranteed hours is considered overtime. The overtime payment is 16.000 won per forty (40) minute class. The regular performance of other obligations and duties set forth in this Agreement is not a basis for overtime pay.
F. At the Institute's sole discretion, and based on its evaluation of the Teacher's performance, the Institute may increase salary in a subsequent teaching agreement.


VI. WORKING DAYS AND HOURS

A. Working days are Monday through Friday.
B. The Teacher's working hours shall be adjusted by the Institute or by the academic supervisor according to the monthly schedule. During the term of this Agreement, the teacher is required to cooperate closely and well with the Institute and the academic supervisor. The Teacher will work cooperatively with the Institute and the supervisor with regard to overtime.


VII. AIRFARE

A. The Institute will pay the cost of an economy class air ticket from the major international airport closest to the Teacher’s point of departure, to Incheon International Airport.
B. If the Agreement is for a full year, or if a six-month Agreement is extended to a full year, then the entire cost of a round-trip ticket to and from Korea will be paid by the Institute.

C. If the Teacher does not complete at least six monthly sessions, then the initial flight cost to Korea will be deducted from his or her last payment. If the Teacher does not finish a full year (twelve monthly sessions), then the Institute will not pay for the cost of a return flight.
D. The Institute and the Teacher agree that the primary purpose of providing airfare is not to give compensation, but to provide transport for teachers coming to and leaving the Institute from outside of Korea. The Institute will not pay airfare or any equivalent when it is not necessary for the international transportation of the Teacher.
E. If the Institute and the Teacher mutually agree to renewals of this Agreement, airfare will be provided for a return ticket only at the end of the last, complete agreement between the Institute and the Teacher.
F. After the completion of this Agreement, if the Teacher extends or alters his or her current visa in order to work elsewhere in Korea, then the Institute may, at its discretion, provide 200,000 won to the Teacher for relocation expenses. The Institute will not provide relocation expenses in the event the current visa is not extended or altered.

VIII. TAXES

A. Income tax (currently three (3) percent), residential tax (currently three tenths (0.3) of one percent), and other taxes and expenses will be deducted from the Teacher's salary as required by Korean law.
B. If tax rates change during the term of this Agreement, deductions will be adjusted accordingly.


IX. ORIENTATION

A. Upon arrival in Korea, the Teacher will be given a three-day orientation period to adjust to and to prepare for school prior to beginning teaching his or her classes. Orientation will normally be three weekdays, but, if necessary due to unusual time constraints, orientation may include weekend days or holidays.
B. During the orientation period, the teacher is required to be at the Institute learning about the school system and making lesson plans.

C. The rate of payment for the orientation period will be 30,000 won per day and will be paid on the payday of the following month.


X. VACATIONS AND HOLIDAYS

The Teacher shall not be required to work on national holidays and vacation days that are indicated on the yearly academic calendar of XXXXXXX, including two annual vacations, Chuseok, Christmas, etc.


XI. ACCOMMODATION

A. The Institute will provide the Teacher with a furnished one-room apartment within commuting distance of the Institute.
B. Furnishings provided by the Institute include a refrigerator, washing machine, telephone, two-burner gas plate, chairs, microwave, kitchen table, and kitchenware, bowls, forks, spoons, a knife, cups, glasses, one pot, one frying pan, a television, bed, bottom sheet, blanket, and pillow.
C. The Teacher may purchase additional furnishings for the apartment, but shall not remove any of the furnishings provided by the Institute. If the Teacher chooses to remove and replace any of the furnishings provided by the Institute at the Teacher's own cost, then the new furnishings shall belong to the Institute. The Teacher may not replace the Institute's furnishings with furnishings of lesser quality or lesser value.
D. Upon completion of this Agreement, the Teacher must remove all furnishings not belonging to the Institute. Government disposal fees and any other costs associated with the removal of such furnishings shall be borne solely by the Teacher. If a subsequent teacher being moved into the apartment wishes to keep the furnishings for his or her own use, then the costs of removal will be borne either by the roommate or by the new teacher, upon the completion of his or her agreement.
E. Selection of the apartment will be made by the Institute.
F. The cost of monthly utilities, including Internet, cable television, telephone charges, and a common maintenance fee shared between building residents, will be paid by the Teacher.
G. The teacher is required to pay a deposit of three hundred thousand (300,000) won each month for three months.
H. When the teacher leaves if they have not finished grading all workbooks, essay notebooks, assigned homework (as listed in the syllabus given to them by their Korean co-teachers) and evaluations for the sessions they taught in then part of their housing deposit will be used to pay their replacement teacher since the leaving teacher will have already been paid for this work. The rate for this work will be 20,000 won for every 40 minutes of work. However, if all work has been completed then the outgoing teacher will not be penalized.
I. The Institute will keep the first year deposit in the even that any utility, telephone, cleaning or other charges associated with the apartment remain unpaid at the completion of this Agreement and the Teacher’s departure from the apartment. If no charges remain unpaid at that time, or if the unpaid charges do not exceed the amount of the deposit, then the whole deposit or any remaining amount will be returned two months after the completion of this Teaching Agreement.


XII. SEVERANCE PAYMENT

A. If the Teaching Agreement is for six months, then Institute will not give any severance payment or bonus. If the Teacher chooses to complete a full year, then a full severance payment of 2.1 million won will be paid after the successful completion of a full year.
B. If the Teaching Agreement is for one year, the Institute will pay
2.1 million won to the Teacher after the successful completion of the Agreement. If the Teacher fails to complete a whole year, then no severance or bonus will be paid.


XIII. DISMISSAL AND VOLUNTARY RESIGNATION

A. The Institute is entitled to immediately dismiss the Teacher if the Teacher fails to perform or otherwise neglects his or her duties under this contract, including, but not limited to, frequent absence from classes without the prior approval of the academic supervisor or the Institute, the issuance of a warning letter two times, the clear inability to perform the duties stated under this Teaching Agreement, or the violation of Korean laws.
B. If the Teacher resigns before the completion of the period of this Agreement, at least forty (40) days prior notice is required by the Institute, for the purpose of hiring another teacher.
C. The Teacher is not allowed to tutor or teach private lessons. Korean law prohibits private tutoring or teaching. Any form of private tutoring or teaching will result in immediate dismissal, and Institute will not provide either severance payment or a return ticket.
D. The Teacher is not allowed to work for any other organization. Korean law prohibits full-time instructors from working at two or more institutions at the same time. Any form of employment at another organization will result in immediate dismissal, and Institute will not provide either severance payment or a return ticket.
E. Without the Institute's consent, the Teacher shall not render any other services elsewhere or hold concurrently any post unrelated to the work agreed to with the Institute.
F. If the Teacher resigns voluntarily before the completion of the Agreement, but provides the Institute with prior notice and finishes a monthly session, then Institute will pay the Teacher all earned compensation except the housing deposit.


XIV. OWNERSHIP OF MATERIALS PRODUCED

A. The Institute will own, and have all past, present, and future rights to use, any in-class supplements, homework supplements, any printable and/or publishable material, other teaching material or intellectual property produced by the Teacher under supervision of the Institute.



B. This Agreement will not apply under the following circumstances:
1. Where no equipment, supplies, facilities or confidential information of the Institute was used.
2. Where development was entirely on the Teacher's own time.
3. Where the work product does not result from any work performed by the Teacher for the Institute.


XV. CONFIDENTIAL INFORMATION

A. In any position the Teacher may hold, as a result of the Teacher's relationship with the Institute, the Teacher may make use of, acquire, or add to information about certain matters which are confidential and the exclusive property of the Institute, including, but not limited to, student and employee information, information pertaining to curriculum and programs, and current or potential business interests of the Institute.
B. The Teacher will ensure and protect the confidentiality of such information. This obligation will continue for a period of five (5) years from the date of the expiration or termination, as the case may be, of this Agreement.


XVI. GOVERNING LAW

It is the intention of the parties to this Teaching Agreement that this Agreement, performance of this Agreement, and all other suits and legal proceedings under this Agreement, be construed solely in accordance with and pursuant to the laws of the Republic of Korea.


XVII. FULL KNOWLEDGE

The Teacher agrees that he or she has read the entirety of this Teaching Agreement and has taken independent advice upon it.
Back to top
View user's profile Send private message
Porksta



Joined: 05 May 2011

PostPosted: Tue Nov 19, 2013 3:21 pm    Post subject: Reply with quote

Wrong tax, and no mention of pension or healthcare? Pass.
Back to top
View user's profile Send private message
amyoh



Joined: 12 Oct 2013

PostPosted: Fri Nov 22, 2013 1:10 am    Post subject: Reply with quote

The hours of the school are 2-9 with teaching being 3-9. I notice the tax is wrong being listed as 3.3% but I've also read you can file to get the excess returned. Much of it seems pretty basic. Need some thoughts from you guys before I would accept. Thanks!

1.Job Description: The "employee" will work for ther academy as an English Instructor Duties may include, but are not limited to;
a. teaching
b. supervision of students
c. preparation/production of teaching materials
d. curriculum design and implementation
e. attendance at teachers' meetings and workshops
f. writing evaluation comments and preparing evaluation reports
g. interviewing new students for level testing / classroom assignment h. professional development i. preparation for the test material for a class  

2. Period of Employment: The "employee" will work for a period not exceeding one year in accordance with the E2 visa. The period will begin from (2014. 01. 01 until last 2014. 12.31). This does not include the required one week training period prior to official start date.  

3. Hours of Employment and Salary: The base salary paid for regular hours of employment will be 2,100,000 won per month. The "employer" will deduct 3.3% for payment of income taxes according to Korean Tax Law.  
The "employee" is required to work Monday to Friday (excluding Saturday and Sunday). All classes exceeding 30 hours per week (preparation for classes will not be included; 1 hour prior to the actual working hour) will be considered overtime and will be paid the issued salary of 20,000 won/hour.  
The payment will be paid to the "employee" once per month on the 5th of each month. The Teacher may work longer than the usual working hours during the summer and winter vacation. Due to the way the Korean education system works, this schedule is unavoidable. Overtime will be given over the hours of agreement.  

4. Health Insurance Plan: If requested the "employer" will provide "employee" with National Health Insurance. The "employer" and "employee" will each share 50% of the cost of the insurance.

  5. Housing: A single apartment is offered. The employer is responsible for the key money and rent and basic furnishings. The "employee" pays for utilities and telephone.  

6. Airfare: A plan ticket to South Korea paid for by the "employer" is provided to the "employee" prior to departure. If the "employee" resigns for whatever reason and had not finished at least six months of the agreed one-year contract then the "employee" must reimburse the "employer" for the cost of the fare to Korea. Upon completion of the contract the "employee" will be provided with an economy return ticket home.  

7. Severance Pay: Upon completion of this one-year contract, the "employee" will receive one full month's salary as severance pay in accordance with the Labour Standards Act in Korea Labor Laws.  

8.Vacation: The "employee" will be paid for all National holidays and is not expected to work these days. According to the schedules of the school during the student's summer and winter vacation, the "employee" will be provided 4days of vacation in each summer and winter school holiday.  

9. Dismissal: The "employer" may immediately dismiss the "employee" under the following:
a. Private class outside of school and without permission of employer.
b. Being late for work or class on a repeated basis.
c. Repeated failures to follow teaching guidelines and school policies.
d. Receiving two warning letters. (a warning letter will be given when unsatisfactorily performed )
e. Absence from work without valid reason.  

DATE:   Employee: __________________________
Back to top
View user's profile Send private message
hgerbe



Joined: 20 Nov 2013

PostPosted: Fri Nov 22, 2013 4:53 am    Post subject: Reply with quote

I've just received my first contract, and I would like to know what other people think. I already noticed that it does not list what comes in my apartment and the school chooses my vacation time. Anything else I'm missing? Thanks!




This contract is made and entered on of , 2013 by and between EMPLOYER located in

CITY, Korea (hereinafter called the “ Employer") and EMPLOYEE as an

English Teacher (hereinafter called the "Employee". Both parties agree as follows.

1. Employment of Employee

The Employer would like to hire the Employee as an English teacher. The employee agrees to

work for the Employer as an English teacher in CITY, Korea.

2. Period of Employment

The period of this contract is one year beginning from the date of the employee's first working day at

the institute, in Korea.

3. Conditions of Employment

The employee's job description shall consist primarily of the followings.

A. EFL instructor in any and all phrases of the Employer's program in classes that range from the

preschool age to junior high school level.

B. Curriculum design and implementation

C. Development of educational program and materials

D. Field activities for and or with students

E. Grading and evaluation of students

F. Student counseling or evaluation

G. Attendance at teachers meetings and workshops

H. Other related activities

I. Proofreading school documents

The Employer owns the rights to all teaching materials produced by the Employee.

Either the Employer or the Supervisor appointed by the Employer, has the right to observe all

teaching and teaching material used by the Employee.

4. Work Schedule

The number of teaching hours will be 30 hours per week. Time spent outside of class is not

considered part of the 30 teaching hours. (This includes time used to prepare for classes, break

time in between classes, and work given outside of teaching time.)

5. Salary, over time, Severance Payment, and Tax

A. Salary will be (2,000,000) won per month. This salary will be paid on the 10th day of the following

month, depending on when the teacher arrives.

B. Overtime rate is 20,000 won per an hour, for each hour that exceeds teaching hours per week.

1

Attendance at scheduled staff meeting, workshops, field trips, picnics, a talent show, an entrance

ceremony, the graduation ceremony and any events for Kindergarten (which is mandatory - no pay)

cannot be considered as overtime.

C. Employee will be given an additional equivalent of one month’ s salary, upon completion of

his/her contract period, as a severance payment.

D. The employer will provide pension for the employee.

D. The income tax rate will be 5% in accordance with the Korean Tax Code. The income tax (Salary,

Overtime, and Bonus) shall be deducted from the salary of the Employee each month.

6. DUTIES OF TEACHERS

The following policies have been established to assist instructors in the expected performance of

their duties. The Employer will have the right to dismiss the employee for clear and frequent neglect of

duties under this agreement.

A. The Employer shall request the resignation of the Employee, if the Employee is found to be guilty

of gross misconduct in the execution of his teaching duties. If this gross misconduct brings a

negative effect to the classes, the Employer may break the annual contract, dismiss the Employee

and shall be free from any legal responsibility. However, prior written notice is required to ensure that

the Employee is given adequate opportunity to correct his/her misconduct.

B. Professional dress and grooming in the work place are essential to maintaining the desired

reputation of the institute. The Employer shall establish guidelines for professional dress.

C. All instructors must behave in a professional manner during class and when socializing with

students outside of class. Instructors should be aware of the cultural background of Korean students

and their expectation of teachers.

D. Instructors are required to attend all staff meetings on Monday or any staff meetings as requested

by the Director. If an instructor must be absent, he/she must inform the Director or Assistant prior to

the meeting.

E. Instructors are required to interview new students as required and evaluate their placement level.

F. The Employee shall not be absent unless they give the director enough time to find someone who

can teach the classes. They must also have a medical document, called “ Chindanseo” in Korean

that the director can accept. When the Employee is absent with enough time for the director to find a

replacement teacher and the reasonable documents, the Employer may deduct 20,000 won per

teaching hour for being absent up to 12 teaching hours or 2 working days off within a year. This also

applies if the Employee is more than 10 minutes late for a class session without prior notification.

However, if the Employee is absent for a personal reason without any official documents that the

director can accept and is absent without prior notification, the Employer may deduct 40,000 won for

every teaching hour for being absent or late.

In addition, After the employer has already used 3 paid sick days and 12 teaching hours or 2 working

days off on the conditions of 20,000 won deduction, if the employee takes more classes or days off,

2

each class (60 minutes) will be deduced as the amount of money, 25,000 won up to 5 extra days or

30 hours off within a year with the reasonable document that the employer can accept. However, if

the employee takes more than either 10 days off or 60 classes off including paid sick days and

unpaid classes off within one year total , the contract between the employer and the employee will be

automatically terminated.

In this case of contract’ s termination, the employer shall be free from any legal responsibility and

the employer is not responsible for providing a return ticket to the employee and will not pay

severance payment.

G. The Employee will be sanctioned by the Director if they make sexual advances towards students or

if questionable inter-personal relationships with individual students develops upon which they would

be terminated from employments.

H. The Employee shall prepare teaching materials for each class beforehand and will be honest and

diligent in teaching students in all classes. The Employer agrees to furnish all curricula, textbooks,

and other materials.

I. If many of the Employee's students complain about the classes, or if the students’ enrollment falls

below the accepted average for the third consecutive month, the Employee will be required to attend

teacher training or other teacher classes as requested by the director.

7. Housing

The Employer will provide rent-free housing for the Employee. The Employer shall provide

furnished living accommodations, single studio apartment. Meals are not provided. Employee pays

his building maintenance fee every month that includes water, public electric, up-down drain, and

refuse. Cable TV and ADSL will be optionally paid if he or she applies for them. Employee pays

telephone charges, gas charges and electric charges every month according to each bill. When the

employee finishes or quits his / her contract, the employee will be charged for outstanding bills that

are based on his / her average charge.

8. Transportation

The Employer will purchase for the teacher an economy class ticket (chosen by the employer) from

the closest international airport of point of hire to Korea. After completing the one-year contract, the

teacher will be provided a return ticket. In the event that the teacher willfully leaves the school before

his/her contract is over, the school will not be responsible for the return ticket. If the Employee is re-
contracted and wishes to return home for any reason, the Employer will provide tickets both to and

from home. If, however the Employee wants to get his/her return ticket cost in cash for the

employee’ s personal reason, the Employer will pay 600,000 won in cash instead of providing return

ticket.

9. Preparatory Period

After arrival in Korea, teachers may be allowed a few days for adjustment and school preparation

3

before beginning regular teaching duties. The preparatory period will be spent in the institute

preparing for classes and learning the instructional system.

10. Paid Holidays

The Employee will observe 2 school vacations per year, one in the summer and one in the winter.

The date of vacation will be scheduled by the school. Summer vacation consists of fives working

days and the weekend. On the other hand, winter vacation is only for five days (which includes the

weekend and the holidays within the 5 days.) School vacation is usually at Christmas and during the

month of July or August, but may vary. They will also observe all Korean national holidays.

11. Paid Sick days

The school has 3 paid sick days in the year. If the Employee is to be paid, they must bring a

medical certification, called “ Chindanseo” in Korean that the Employer can accept. If the Employee

is sick more than 3 days and they need to take extra classes or days off with the appropriate medical

certification, called “ Chindanseo” and the Employer will deduct 20,000 won per teaching hour time

up to either 12 teaching hours or 2 working days off. If the Employee does not bring appropriate

documents they will lose 40,000 won per teaching hour for that day.

12. Medical Insurance

The teacher will be given a national health insurance. The costs of this coverage will be borne half

by the Employer and half by the teacher. A payment will be made through a deduction from the salary.

However, this is not mandatory. It is an option, offered by the employer for the employee.

13. Dismissal

The Employer will have the right to dismiss the teacher for failure to attend to his or her assigned

duties, outlined in number 6. This will also include frequent absences from the place of employment

without the approval of the Academic Supervisor (Director). Prior to any dismissal, the teacher will be

warned of dissatisfaction twice, by a written letter. In order to remedy the situation the teacher must

improve the situation to satisfactory standards and write a formal letter of apology to the employer.

In any case of dismissal, the employer is not responsible for providing a return ticket and will not

pay severance payment. In addition, the teacher who is dismissed before six months must pay back

the initial airfare and airport pick up costs, otherwise the school has the right to deduct these costs

from the employee’ s last payment.

14. Immediate Dismissal

The following misconducts are grounds for immediate dismissal, without prior notification:

A. A criminal offense under Korean law that has been clearly substantiated inside or outside the place

of Employment, and that would be deemed inappropriate by the Academic Institution.

B. Any action inflicting injury upon any student or another staff member.

4

C. If they were to give the school a bad reputation from their inappropriate behavior at work or

otherwise.

D. Any action that degrades the school and promotes a negative atmosphere for other employees and

the school (saying rumors, inappropriate things about the school, causing fights among workers,

etc.).

E. If they gave the school’ s secret information (i.e. School curriculum, Lesson plans, School

management state or any School policy) including school documents to those not employed by the

school.

F. If they conduct illegal teaching of non-students for a fee such as private tutoring out of the school

or teaching students at other schools, without the Employer’ s approval. In this case the Employee

will not receive the paid plane ticket home or the severance payment at the end of the month, and

will be required to pay the Employer one month’ s salary. In addition to that, the Employee who is

dismissed before six months must payback the initial airfare. They will also be subject to

punishments for illegal working practices by the Korean Law.

15. Voluntary Resignation

If the Employee seeks release from his/her contract due to cultural differences, homesickness or

personal problems, he/she must inform the Employer within 2 months of the date when they wish to

quit. The teacher must also receive a written agreement on that situation from the Employer.

The Employee will be required to work until a new Employee will arrive, for a maximum term of 3

months. In this case, the Employee will be required to pay the initial costs (ex-air fare, recruiting fee,

etc.) that were paid for them by the school when they arrived.

In addition, the employer will not provide a return ticket and will not pay the severance payment in

term of voluntary resignation.

In the case that the Employee finds a replacement teacher, he/she may negotiate all

responsibilities relating to voluntary resignation but the Employer has the right to make the decision.

However, should the Employer wish to terminate the contract for personal reasons, then the

Employer will be required to provide airfare for the Employee. Alternatively, the Employer should give

the Employee sufficient time to find another job at another institute.

16. Leaving the country or breaking the contract without Notification

If he/she breaks the contract and returns home or elsewhere during the contract period, the

Employee can take the case to an international lawyer who will demand the repayment of the initial

fees. The Employer has already a candidate. These fees include the agent fee, initial airfare, airport

pick-up fee, and international lawyer payment.

17. Governing Law and Jurisdiction

Any dispute arising in connection with this contract shall be resolved in a Korean court of law

according to Korean Regulations and Codes. The parties agree to comply with all applicable laws in

5

their performance of this Agreement.

IN WITNESS HERE OF the parties have agreed upon the stipulations above as of the date this

contract.
Back to top
View user's profile Send private message
ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Fri Nov 22, 2013 7:42 am    Post subject: Reply with quote

amyoh wrote:
The hours of the school are 2-9 with teaching being 3-9. I notice the tax is wrong being listed as 3.3% but I've also read you can file to get the excess returned. Much of it seems pretty basic. Need some thoughts from you guys before I would accept. Thanks!

1.Job Description: The "employee" will work for ther academy as an English Instructor Duties may include, but are not limited to;
a. teaching
b. supervision of students
c. preparation/production of teaching materials
d. curriculum design and implementation
e. attendance at teachers' meetings and workshops
f. writing evaluation comments and preparing evaluation reports
g. interviewing new students for level testing / classroom assignment h. professional development i. preparation for the test material for a class  

2. Period of Employment: The "employee" will work for a period not exceeding one year in accordance with the E2 visa. The period will begin from (2014. 01. 01 until last 2014. 12.31). This does not include the required one week training period prior to official start date.  

3. Hours of Employment and Salary: The base salary paid for regular hours of employment will be 2,100,000 won per month. The "employer" will deduct 3.3% for payment of income taxes according to Korean Tax Law.  
The "employee" is required to work Monday to Friday (excluding Saturday and Sunday). All classes exceeding 30 hours per week (preparation for classes will not be included; 1 hour prior to the actual working hour) will be considered overtime and will be paid the issued salary of 20,000 won/hour.  
The payment will be paid to the "employee" once per month on the 5th of each month. The Teacher may work longer than the usual working hours during the summer and winter vacation. Due to the way the Korean education system works, this schedule is unavoidable. Overtime will be given over the hours of agreement.  

4. Health Insurance Plan: If requested the "employer" will provide "employee" with National Health Insurance. The "employer" and "employee" will each share 50% of the cost of the insurance.

  5. Housing: A single apartment is offered. The employer is responsible for the key money and rent and basic furnishings. The "employee" pays for utilities and telephone.  

6. Airfare: A plan ticket to South Korea paid for by the "employer" is provided to the "employee" prior to departure. If the "employee" resigns for whatever reason and had not finished at least six months of the agreed one-year contract then the "employee" must reimburse the "employer" for the cost of the fare to Korea. Upon completion of the contract the "employee" will be provided with an economy return ticket home.  

7. Severance Pay: Upon completion of this one-year contract, the "employee" will receive one full month's salary as severance pay in accordance with the Labour Standards Act in Korea Labor Laws.  

8.Vacation: The "employee" will be paid for all National holidays and is not expected to work these days. According to the schedules of the school during the student's summer and winter vacation, the "employee" will be provided 4days of vacation in each summer and winter school holiday.  

9. Dismissal: The "employer" may immediately dismiss the "employee" under the following:
a. Private class outside of school and without permission of employer.
b. Being late for work or class on a repeated basis.
c. Repeated failures to follow teaching guidelines and school policies.
d. Receiving two warning letters. (a warning letter will be given when unsatisfactorily performed )
e. Absence from work without valid reason.  

DATE:   Employee: __________________________



Although this contract refers to you as the "employee" throughout, it may be the intent of the school to register you as an Independent Contractor: since there is no mention of the National Pension, and the National Health Insurance is listed as optional, it seems you may be an IC.

You will be losing a lot of money as an IC.

You should request that the contract be rewritten:

Quote:
4. National Health Insurance & National Pension:

The "employer" will provide "employee" with the Korean National Health Insurance. The "employer" and "employee" will each pay 50% of the cost of the insurance.

The employer will register the employee for the National Pension Plan. The National Pension is 9% of the employee's monthly salary. The employer and the employee will each pay half: 4.5% to be withheld from the employee's montly salary and an additional 4.5% to be paid be the employer.


The salary isn't great at 2.1 million, and everything is just a bit cheap.

8 days of vacation (4 & 4) is a bit short. The standard is 5 days in summer plus two weekends and 5 days in winter plus two weekends.

You also have 1 week of training with no mention of being paid.

If this turns out to be an IC contract, in addition to being just too cheap, then turn it down.
Back to top
View user's profile Send private message
ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Fri Nov 22, 2013 7:51 am    Post subject: Reply with quote

hgerbe wrote:
I've just received my first contract, and I would like to know what other people think. I already noticed that it does not list what comes in my apartment and the school chooses my vacation time. Anything else I'm missing? Thanks!




This contract is made and entered on of , 2013 by and between EMPLOYER located in

CITY, Korea (hereinafter called the “ Employer") and EMPLOYEE as an

English Teacher (hereinafter called the "Employee". Both parties agree as follows.

1. Employment of Employee

The Employer would like to hire the Employee as an English teacher. The employee agrees to

work for the Employer as an English teacher in CITY, Korea.

2. Period of Employment

The period of this contract is one year beginning from the date of the employee's first working day at

the institute, in Korea.

3. Conditions of Employment

The employee's job description shall consist primarily of the followings.

A. EFL instructor in any and all phrases of the Employer's program in classes that range from the

preschool age to junior high school level.

B. Curriculum design and implementation

C. Development of educational program and materials

D. Field activities for and or with students

E. Grading and evaluation of students

F. Student counseling or evaluation

G. Attendance at teachers meetings and workshops

H. Other related activities

I. Proofreading school documents

The Employer owns the rights to all teaching materials produced by the Employee.

Either the Employer or the Supervisor appointed by the Employer, has the right to observe all

teaching and teaching material used by the Employee.

4. Work Schedule

The number of teaching hours will be 30 hours per week. Time spent outside of class is not

considered part of the 30 teaching hours. (This includes time used to prepare for classes, break

time in between classes, and work given outside of teaching time.)

5. Salary, over time, Severance Payment, and Tax

A. Salary will be (2,000,000) won per month. This salary will be paid on the 10th day of the following

month, depending on when the teacher arrives.

B. Overtime rate is 20,000 won per an hour, for each hour that exceeds teaching hours per week.

1

Attendance at scheduled staff meeting, workshops, field trips, picnics, a talent show, an entrance

ceremony, the graduation ceremony and any events for Kindergarten (which is mandatory - no pay)

cannot be considered as overtime.

C. Employee will be given an additional equivalent of one month’ s salary, upon completion of

his/her contract period, as a severance payment.

D. The employer will provide pension for the employee.

D. The income tax rate will be 5% in accordance with the Korean Tax Code. The income tax (Salary,

Overtime, and Bonus) shall be deducted from the salary of the Employee each month.

6. DUTIES OF TEACHERS

The following policies have been established to assist instructors in the expected performance of

their duties. The Employer will have the right to dismiss the employee for clear and frequent neglect of

duties under this agreement.

A. The Employer shall request the resignation of the Employee, if the Employee is found to be guilty

of gross misconduct in the execution of his teaching duties. If this gross misconduct brings a

negative effect to the classes, the Employer may break the annual contract, dismiss the Employee

and shall be free from any legal responsibility. However, prior written notice is required to ensure that

the Employee is given adequate opportunity to correct his/her misconduct.

B. Professional dress and grooming in the work place are essential to maintaining the desired

reputation of the institute. The Employer shall establish guidelines for professional dress.

C. All instructors must behave in a professional manner during class and when socializing with

students outside of class. Instructors should be aware of the cultural background of Korean students

and their expectation of teachers.

D. Instructors are required to attend all staff meetings on Monday or any staff meetings as requested

by the Director. If an instructor must be absent, he/she must inform the Director or Assistant prior to

the meeting.

E. Instructors are required to interview new students as required and evaluate their placement level.

F. The Employee shall not be absent unless they give the director enough time to find someone who

can teach the classes. They must also have a medical document, called “ Chindanseo” in Korean

that the director can accept. When the Employee is absent with enough time for the director to find a

replacement teacher and the reasonable documents, the Employer may deduct 20,000 won per

teaching hour for being absent up to 12 teaching hours or 2 working days off within a year. This also

applies if the Employee is more than 10 minutes late for a class session without prior notification.

However, if the Employee is absent for a personal reason without any official documents that the

director can accept and is absent without prior notification, the Employer may deduct 40,000 won for

every teaching hour for being absent or late.

In addition, After the employer has already used 3 paid sick days and 12 teaching hours or 2 working

days off on the conditions of 20,000 won deduction, if the employee takes more classes or days off,

2

each class (60 minutes) will be deduced as the amount of money, 25,000 won up to 5 extra days or

30 hours off within a year with the reasonable document that the employer can accept. However, if

the employee takes more than either 10 days off or 60 classes off including paid sick days and

unpaid classes off within one year total , the contract between the employer and the employee will be

automatically terminated.

In this case of contract’ s termination, the employer shall be free from any legal responsibility and

the employer is not responsible for providing a return ticket to the employee and will not pay

severance payment.

G. The Employee will be sanctioned by the Director if they make sexual advances towards students or

if questionable inter-personal relationships with individual students develops upon which they would

be terminated from employments.

H. The Employee shall prepare teaching materials for each class beforehand and will be honest and

diligent in teaching students in all classes. The Employer agrees to furnish all curricula, textbooks,

and other materials.

I. If many of the Employee's students complain about the classes, or if the students’ enrollment falls

below the accepted average for the third consecutive month, the Employee will be required to attend

teacher training or other teacher classes as requested by the director.

7. Housing

The Employer will provide rent-free housing for the Employee. The Employer shall provide

furnished living accommodations, single studio apartment. Meals are not provided. Employee pays

his building maintenance fee every month that includes water, public electric, up-down drain, and

refuse. Cable TV and ADSL will be optionally paid if he or she applies for them. Employee pays

telephone charges, gas charges and electric charges every month according to each bill. When the

employee finishes or quits his / her contract, the employee will be charged for outstanding bills that

are based on his / her average charge.

8. Transportation

The Employer will purchase for the teacher an economy class ticket (chosen by the employer) from

the closest international airport of point of hire to Korea. After completing the one-year contract, the

teacher will be provided a return ticket. In the event that the teacher willfully leaves the school before

his/her contract is over, the school will not be responsible for the return ticket. If the Employee is re-
contracted and wishes to return home for any reason, the Employer will provide tickets both to and

from home. If, however the Employee wants to get his/her return ticket cost in cash for the

employee’ s personal reason, the Employer will pay 600,000 won in cash instead of providing return

ticket.

9. Preparatory Period

After arrival in Korea, teachers may be allowed a few days for adjustment and school preparation

3

before beginning regular teaching duties. The preparatory period will be spent in the institute

preparing for classes and learning the instructional system.

10. Paid Holidays

The Employee will observe 2 school vacations per year, one in the summer and one in the winter.

The date of vacation will be scheduled by the school. Summer vacation consists of fives working

days and the weekend. On the other hand, winter vacation is only for five days (which includes the

weekend and the holidays within the 5 days.) School vacation is usually at Christmas and during the

month of July or August, but may vary. They will also observe all Korean national holidays.

11. Paid Sick days

The school has 3 paid sick days in the year. If the Employee is to be paid, they must bring a

medical certification, called “ Chindanseo” in Korean that the Employer can accept. If the Employee

is sick more than 3 days and they need to take extra classes or days off with the appropriate medical

certification, called “ Chindanseo” and the Employer will deduct 20,000 won per teaching hour time

up to either 12 teaching hours or 2 working days off. If the Employee does not bring appropriate

documents they will lose 40,000 won per teaching hour for that day.

12. Medical Insurance

The teacher will be given a national health insurance. The costs of this coverage will be borne half

by the Employer and half by the teacher. A payment will be made through a deduction from the salary.

However, this is not mandatory. It is an option, offered by the employer for the employee.

13. Dismissal

The Employer will have the right to dismiss the teacher for failure to attend to his or her assigned

duties, outlined in number 6. This will also include frequent absences from the place of employment

without the approval of the Academic Supervisor (Director). Prior to any dismissal, the teacher will be

warned of dissatisfaction twice, by a written letter. In order to remedy the situation the teacher must

improve the situation to satisfactory standards and write a formal letter of apology to the employer.

In any case of dismissal, the employer is not responsible for providing a return ticket and will not

pay severance payment. In addition, the teacher who is dismissed before six months must pay back

the initial airfare and airport pick up costs, otherwise the school has the right to deduct these costs

from the employee’ s last payment.

14. Immediate Dismissal

The following misconducts are grounds for immediate dismissal, without prior notification:

A. A criminal offense under Korean law that has been clearly substantiated inside or outside the place

of Employment, and that would be deemed inappropriate by the Academic Institution.

B. Any action inflicting injury upon any student or another staff member.

4

C. If they were to give the school a bad reputation from their inappropriate behavior at work or

otherwise.

D. Any action that degrades the school and promotes a negative atmosphere for other employees and

the school (saying rumors, inappropriate things about the school, causing fights among workers,

etc.).

E. If they gave the school’ s secret information (i.e. School curriculum, Lesson plans, School

management state or any School policy) including school documents to those not employed by the

school.

F. If they conduct illegal teaching of non-students for a fee such as private tutoring out of the school

or teaching students at other schools, without the Employer’ s approval. In this case the Employee

will not receive the paid plane ticket home or the severance payment at the end of the month, and

will be required to pay the Employer one month’ s salary. In addition to that, the Employee who is

dismissed before six months must payback the initial airfare. They will also be subject to

punishments for illegal working practices by the Korean Law.

15. Voluntary Resignation

If the Employee seeks release from his/her contract due to cultural differences, homesickness or

personal problems, he/she must inform the Employer within 2 months of the date when they wish to

quit. The teacher must also receive a written agreement on that situation from the Employer.

The Employee will be required to work until a new Employee will arrive, for a maximum term of 3

months. In this case, the Employee will be required to pay the initial costs (ex-air fare, recruiting fee,

etc.) that were paid for them by the school when they arrived.

In addition, the employer will not provide a return ticket and will not pay the severance payment in

term of voluntary resignation.

In the case that the Employee finds a replacement teacher, he/she may negotiate all

responsibilities relating to voluntary resignation but the Employer has the right to make the decision.

However, should the Employer wish to terminate the contract for personal reasons, then the

Employer will be required to provide airfare for the Employee. Alternatively, the Employer should give

the Employee sufficient time to find another job at another institute.

16. Leaving the country or breaking the contract without Notification

If he/she breaks the contract and returns home or elsewhere during the contract period, the

Employee can take the case to an international lawyer who will demand the repayment of the initial

fees. The Employer has already a candidate. These fees include the agent fee, initial airfare, airport

pick-up fee, and international lawyer payment.

17. Governing Law and Jurisdiction

Any dispute arising in connection with this contract shall be resolved in a Korean court of law

according to Korean Regulations and Codes. The parties agree to comply with all applicable laws in

5

their performance of this Agreement.

IN WITNESS HERE OF the parties have agreed upon the stipulations above as of the date this

contract.



The income tax rate at 5% is just nuts. It is standard to overwithhold at 3.3%, even for legit employee contracts, because like "fan death" Koreans don't know any better. But 5% means they pocket the extra cash. Your real income tax rate should be under 2% - at 2 mil salary, under 1.5%.

The contract says you will be an employee, it includes the National Health Insurance but no National Pension. If you are enrolled for one you must eventually have the other. So, it may mean you will actually get neither. You should have National Pension included. If they refuse, they probably intend for you to be an Independent Contractor.

The salary is very low at 2 million. 2.1 or 2.2 is still standard these days for first year newbies. The winter vacation is short - sounds like only 2 or 3 actual vacation days.

If this turns out to be an IC contract (it sounds like that's what they actually intend, on top of stealing your income tax withholding) - definitely turn it down.

Given the apparent dishonesty in the income tax withholding, the punative withholding for sick days, the 3 months required when resigning, and the threatening language regarding breaking the contract and running, you should shred this one.
Back to top
View user's profile Send private message
mmorton1414



Joined: 22 Nov 2013

PostPosted: Sun Nov 24, 2013 10:16 am    Post subject: CONTRACT REVIEW Reply with quote

I greatly appreciate any feedback

here is some background info:
it is for a hagwon in daegu, i think the accommodation part is the only part i am unclear about
thanks in advance!!

EMPLOYMENT AGREEMENT FOR TEACHER

CONTRACT

* Contract Duration: From March 1, 2014 to February 28, 2015



Both parties agree on the following terms and conditions:
양 당사자 모두 아래의 규정과 조건에 동의한다.


CLAUSE 1 (APPOINTMENT)
제1항 (임 명)

a. The employer agrees to employ the teacher during the period stipulated herein.
고용주는 교사를 여기에 명기된 기간 동안 고용하기로 한다.
b. The teacher agrees to accept employment and will work in his/her full capacity for the school.
교사는 고용의 수락과 최선을 다해 학원을 위해 근무할 것을 동의한다.

CLAUSE 2 (PERIOD OF EMPLOYMENT)
제2항 (고용 기간)

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 ________ session.
전체 계약 기간은 1년이며, 이는 의 학사력에 준하여 강의를 시작하는 첫째 날부터 열두번째 달의 마지막 날까지이다.
CLAUSE 3 (THE EMPLOYER’S RESPONSIBILITIES)
제3항 (고용주의 책임)

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.
고용주는 이 계약서에 명시되어 있는 규정에 따라 최상의 영어 교육의 제공을 위해 상호 협조하는 지원을 교사에게 제공하여야 한다.
b. The employer will honor the terms and conditions of employment, as stated within this contract.
고용주는 이 계약서에 진술된 바대로 고용 규정과 조건을 존중한다.
c. The employer will guarantee the teacher a salary of 2,200,000 Korean Won per teaching session in consideration of the teacher’s teaching hours and proper preparation for the classes.
고용주는 교사에게 매 세션마다 강의 시간과 강의 준비 시간을 고려하여 월 220만원을 지급한다.


CLAUSE 4 (THE TEACHER’S RESPONSIBILITIES AND DUTIES)
제4항 (교사의 책임과 의무)

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.
본 계약 기간 동안, 교사는 학원의 규율과 규정을 반드시 협조하고 따라야 한다. 교사는 원장(피고용 원장 포함)을 보조하여 고용주가 명시한 임무를 수행하며, 원장(피고용 원장 포함)은 계약에 진술된 규율에 관련한 규범수행에 대한 제정과 통보를 할 의무가 있다.
b. The teacher MUST be adequately prepared for the classes and open class in advance, preparing a detailed lesson plan for every class, every day.
교사는 사전에 매일 구체적인 시강 계획을 마련하여 철저하게 강의를 준비해야 한다.
c. At all times during the term of this contract, teachers must maintain a clean and neat appearance. While suits and ties are not mandatory, a professional appearance is desirable. (no sleeveless t-shirts, t-shirts, shorts, holes in clothing, visible piercing(s), visible tattoo, etc.)
계약서에 명시되어있는 기간 동안 교사는 청결하고 단정한 외모를 유지해야 한다. 정장과 넥타이의 착용이 의무는 아니나, 교사의 품위에 맞는 전문인의 옷차림을 요망한다.(금지품목 : 티셔츠, 반바지, 헤어진 옷, 피어싱 등)
d. The teacher’s work will include the following:
교사의 직무는 다음을 포함한다.
① Teaching the English to students (Target students’ ages: 4 to 13 in Korean Age)
영어 교육(교육 연령: 4세 ~ 13세)
② Develop educational programs and materials, expanding off of what is already provided in the ______ curriculum
교육 프로그램과 교구재의 개발 및 이미 _______ 교과과정 보완 개발
③ Curriculum design and implementation
커리큘럼(교과과정) 설계와 이행
④ Indoor/outdoor classroom activities for/with students
학생들을 위한 또는 학생들과 함께 하는 학원 내/외 활동
⑤ Level testing, grading, evaluation, and assessment of students
레벨 테스트, 반편성, 성적 평가, 월말 평가
⑥ Providing students with individualized care
학생 개개인에 대한 지도와 관심
⑦ Attending teacher’s meetings, training, sports day, Camp and workshops
교사회의와 워크샵, 체육대회, 캠프등의 참여
⑧ Other related ‘____’ activities and requirements
그 이외 ______ 어학원 관련 활동과 요구사항
e. Upon year completion, the foreign teacher may decide to stay for another session or transfer to another school. It is however unethical to transfer to another destination within the same township lines for a competitor school.

CLAUSE 5 (WORKING HOURS)
제5항 (직무 시간)

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.
계약 기간 동안 교사는 책임자와 협조하여 월요일부터 금요일까지 근무하며 특별한 행사에 참가한다
b. Teachers will be required to attend some special events throughout the year (Workshops, graduation ceremony, sports day, camp, etc.), which may fall on a Saturday or National holiday. Teachers do not receive additional compensation for these days.
교사는 계약 기간 동안 토요일 또는 공휴일에 열릴 가능성이 있는 특별한 행사 (워크샵, 졸업식, 캠프, 운동회 등)에 참여한다. 교사는 해당 날에 대한 추가 임금을 받지 않는다.
c. The teacher agrees to teach 100 teaching hours a session, while adequately preparing for each class. The said workload is equal to 200 thirty-minute classes per session. (Each session is approximately one month in duration)
교사는 한 세션에 100 시간의 강의와 해당 강의의 철저한 준비를 한다. 상기의 시간은 30분 분량 수업 200개를 의미한다.
d. The teacher will stay at school from 9 am to 5:30 pm.
교사는 오전 9시부터 오후 5시 30분까지 학원에 머물러야 한다.


CLAUSE 6 (SALARY AND OVERTIME RATE)
제6항 (월 급여와 초과 임금)

a. The employer agrees to pay the teacher salary of 2,200,000 Korean Won for teaching hours and preparation for classes.
고용주는 강의와 그에 해당하는 강의준비에 대한 월급여로 220만원을 지급한다.
b. The payment of the teachers’ salary is to be made in the end of each month, after the required work is completed.
급여일은 매달 마지막 날로 한다.
c. Each forty-minute class exceeding the 200 classes/session will be considered as overtime. The payment for the overtime will be 18,000 Korean Won per thirty-minute class. Attendance at scheduled staff meetings and workshops, along with preparation for classes and open class is mandatory and not considered as overtime.
매 30분 분량의 수업이 세션 당 200회를 초과할 경우 이를 오버타임이라 간주한다. 오버타임의 급여는 1회 추가 시마다 18,000원이다. 교사회의 참여, 워크샵, 수업준비와 오픈수업준비는 의무이며 이는 오버타임으로 간주되지 않는다.


CLAUSE 7 (TAX)
제7항 (세 금)

Income tax and inhabitants’ taxes will be withheld from the salary in accordance with the Korean laws.
소득세와 주민세는 대한민국 법령에 근거하여 급여에서 제한다.


CLAUSE 8 (TRANSPORTATION)
제8항 (교통편)

a. Round trip economy airfare is provided with the one-year contract from the teacher’s nearest airport to the international airport in Korea. This is only given to employees from outside of Korea. Transportation from the airport to the ‘______’ in where the teacher will be teaching, will be provided.
1년 기간의 계약의 경우 교사 주거지에서 가장 가까운 공항에서 한국 국제공항까지의 왕복 항공편과 공항에서 학원까지의 교통편이 제공된다. 항공료는 현재 한국에 거주하고 있지 않은 교사에 한해서 제공된다.
b. If the teacher leaves the school prior to completing 12 months for any reason as agreed to in this contract, the teacher must reimburse the school the cost of the airfare paid by the school or the school may deduct the equivalent amount from the teacher’s last month’s pay.
교사가 어떤 이유로든 계약 발효 후 12개월 안에 퇴사하는 경우, 교사는 반드시 지급된 항공편을 반환해야 한다. 또는 학원에서 교사의 마지막 월급에서 항공편에 해당하는 금액을 삭감할 수 있다.
c. If the teacher decides to continue at the school after the first contract, the ticket will be postponed until the end of their next contract.
만약 교사가 1년의 계약 후, 연장계약을 하는 경우에는 돌아가는 비행기편은 그 다음 계약기간이 끝난 후에 학원에서 지급하기로 한다.

CLAUSE 9 (ORIENTATION PERIOD)
제9항 (오리엔테이션 기간)
a. Upon arrival in Korea, the teacher will be guaranteed ten days for orientation, training, and general time to settle down, before being expected to begin his/her regular teaching work.
국내에 도착한 후 교사는 강의를 시작하기 전 10일간의 오리엔테이션 기간을 거친다.
b. During the orientation period the teacher is required to attend the official ‘______’ training at school, learning about the school system.
오리엔테이션 기간 동안 교사는 본사에서 강의에 관련된 교육을 받는다.


CLAUSE 10 (MEDICAL INSURANCE)
제10항 (의료 보험)

a. Medical insurance is to be provided by Korean Medical Insurance Union or a different private health insurance company/organization.
교사는 보험회사의 건강상해보험 또는 한국의료보험조합의 의료건강보험 중 한 개의 보험회사에 가입한다.
b. Half of the insurance premium is to be paid by the employer, while the other half is to be covered by the teacher.
의료 보험료의 절반은 고용주가 부담하고 나머지 절반은 교사가 부담한다.


CLAUSE 11 (VACATION & HOLIDAYS)
제11항 (휴가와 휴일)

The teacher will be allowed holidays during national holidays, while vacation days are allowed only during the days allowed/stated in the _____ session. (5 days in summer, 4-5 days in winter + Korean National Holidays)
교사는 학사력에 의거하여 국경일과 휴가를 제공받는다. (여름휴가 4-5일, 겨울휴가 4-5일 + 대한민국 공휴일)


CLAUSE 12 (ACCOMMODATIONS)
제12항 (숙박 시설)

a. The school will provide the teacher with furnished accommodation.
학원은 교사에게 가구가 구비된 숙박시설을 제공한다.
b. Furnishings being provided by the employer include: television, refrigerator, washing machine, bed, wardrobe, air conditioner, kitchen table, basic utensils, chairs, and two-burner gas hot plate. The teacher will be expected to provide his/her own pillow, pillowcase, and sheets, etc.
고용주는 다음에 해당하는 비품을 제공한다: 텔레비전, 냉장고, 세탁기, 침대, 옷장, 에어컨, 식탁, 의자 (2개 이상), 기본 가제도구, 가정용 가스레인지. 교사는 본인이 사용할 베개, 베개보, 침대보를 구비한다.
c. Selection of the apartment and its location is to be made by the employer, and will be made without consulting with the teacher.
숙박 장소의 결정은 고용주가 한다.
d. The deposit and monthly rent is the full responsibility of the employer.ploter will deduct 50.000 Korean
보증금과 월세는 고용주가 부담된다.
e. Any and all other living costs are to be the full responsibility of the teacher. (All utilities: gas, electricity, telephone, cable, internet, etc.) But if water rate and maintenance fee, etc are included in monthly rent the Employer will deduct 50.000 Korean won from the teacher salary each month.
관리비, 전화요금 및 기타 주거 설비의 사용으로 부과된 공과금(전기세, 가스비, 케이블, 인터넷 등)은 교사가 부담한다. 단 수도세, 건물관리비등이 월세에 포함되어 있는 경우 고용주는 매달 5만원씩 월급에서 차감한다.
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.
최초 3개월 동안 고용주는 교사의 월 급여에서 각 10만원씩을 보증금으로 차감한다. 보증금이란 계약 종료 후 발생하는 교사가 사용한 공과금을 지급하기 위한 금액이다.
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.
세금 지급 후 남는 차액은 계약 종료 2달 후에 교사의 은행계좌로 송금되도록 한다.


CLAUSE 13 (SEVERANCE PAYMENT)
제13항 (퇴직 수당)

Upon completion of this one-year contract, the teacher will receive a severance payment of 2,200,000 Korean Won, equal to one month’s salaries, in accordance with Korean Laws. This payment will be made at the time of completion of the contract period and any and all income taxes are to be withheld.
1년 계약 종료 시, 교사는 한국법에 근거하여 퇴직 수당으로 1달 급여에 해당하는 금액을 추가 지급 받게 된다. 퇴직 수당은 1년 계약이 종료되는 시점에 발생하며, 소득세와 주민세를 제한 금액을 받는다.


CLAUSE 14 (SICK DAYS)
제14항 (병가)
The Employee may use up to 2 paid sick days per year certified by a doctor, and after the 2 sick days have been used, it will be counted as absent and the pay will be calculated according to the Daily Rate/Hourly Rate.
피고용인은 2일을 응급 병가로 사용할 수 있으며, 의사의 처방을 증빙자료로 제출해야 하며, 2일을 넘는 병가는 무급이다.


CLAUSE 15 (DISMISSAL OR VOLUNTARY RESIGNATION)
제15항 (해고 또는 자진 퇴사)

a. The employer reserves the right to dismiss the teacher from employment for the following causes:
고용주는 다음 근거에 따라 교사를 해고할 수 있다
① Neglect or inability to perform his/her duties stipulated in this agreement
계약서에 명기된 의무에 태만하거나 불이행 시
② Receiving two warning letters
두 번의 경고 편지 수령
⑤ The Employee is unable to discharge the responsibilities or meet the conditions such as being late for class on a continuous basis, continuous failure to keep regularly scheduled class hours and repeated absences from classes without a valid reason.
피고용인이 본인의 책임과 의무를 실행하지 못할 경우, 예를 들면 연속적으로 수업에 늦거나 연속적으로 정해진 수업시간을 지키지 못했을 경우, 그리고 합당한 이유 없이 연속적으로 결근할 경우
⑥ The Employee teaches outside the Employer's property, without the consent of the Employer.
피고용인의 근무처가 아닌 다른 곳에서 근무를 했을 경우.
⑦ The Employee uses illegal drugs or is intoxicated during work hours.
피고용인이 약물복용이나 음주인 상태에서 근무를 했을 경우.
⑧ The Employee participates in any type of criminal activity of corruption of public moral which violates the laws of the Republic of Korea.
피고용인이 대한민국 법에 어긋나는 불법행위를 하였거나 범죄행위에 연루된 경우.

b. If, for any reason, the contract is terminated before the full completion of the contract period:
만약 어떤 이유로든 본 계약서가 계약기간 전에 파기가 되었을 경우에는,
① The Employee will not qualify for benefits such as severance pay and airfare.
피고용인은 퇴직금과 항공편에 대한 혜택을 받지 못한다.
② The Employer will deduct the equal amount of airfare to Korea from Employee's salary.
고용주는 한국행 항공비와 동일한 금액을 피고용인의 월급에서 제한다.
③ The Employee will be wholly responsible for any utilities/maintenance and phone bills remaining for the duration of their housing lease.
피고용인은 고용주가 제공한 숙소에서 거주하는 동안의 관리비, 상수도, 가스, 전기, 전화비용에 대한 책임이 있다.
④ The Employee is required to sign a notice of termination and accompany the employer to the Korean immigration office to notify the Korean Immigration of the termination.
피고용인은 계약을 파기한 날짜를 기준으로 하여 14일 안에 고용주와 동반하여 출입국관리소에 계약파기에 대한 통보를 하여야 한다.

c. 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.
고용주가 교사를 해고하는 경우 20일의 근무기간 전에 통보한다. 그러나 교사의 범죄행위나 부정행위 적발 시, 경고나 통보 없이 즉각 해고한다.

d. In the event the teacher resigns from employment, he/she can do so giving 90 working days notice to the employer.
교사가 자진 퇴사하고자 하는 경우, 고용주에게 근무 90일 전에 사전 통보한다.


CLAUSE 16 (TVENUE FOR DISPUTES BETWEEN EMPLOYER AND EMPLOYEE)
제16항 (고용주와 피고용인간의 분쟁에 대한 입장)

a. TVENUE FOR DISPUTES BETWEEN EMPLOYER AND EMPLOYEE
고용주와 피고용인간의 분쟁에 대한 입장

The appropriate laws of the Republic of Korea will govern this contract, However, while both parties enter into this agreement with total honesty and integrity, disputes sometimes occur. In such cases, both parties will be bound by all terms and conditions of this contract and will try to resolve the difference in a civil manner that is fair to both parties. In the event that no solution can be found for a problem and either party decides to termination, both parties will agree to remain civil and to speak honestly and fairy about their experiences and not in a disrespectful manner.
이 계약서는 대한민국의 합법적인 법률의 적용을 받게 되나 양측이 정직한 양심으로 계약체결에 들어갔어도 종종 분쟁이 일어날 수 있다. 그럴 경우, 양측은 이 계약서에 명시된 계약기간과 조건들을 지켜서 양측 간의 이견을 공정하고도 정중한 방법으로 조종해 나가야 할 것이다. 분쟁 사건에 있어서 해결점을 찾기 어려운 경우나 어느 한 측이 계약을 파기하고자 할 경우에는, 위에 명시된 조항들을 지켜야 한다. 이렇게 계약이 종결된 경우에 양측은 정중한 태도를 유지하면서 서로간의 예의를 지켜 불미스러운 일이 없도록 해야 할 것이다.

b. CHANGES TO CONTRACT
계약변경

The Employer and the Employee agree that they have read the entirety of this Employment Contract no other verbal agreement, statement or promise made on or before the effective date of this contract will be binding on the parties. Any changes made must be in writing any signed by both parties to be included in this contract.. Any changes made to this contract, whether verbal of other, without the knowledge and written consent of both parties are to be considered invalid, and such are not part of this contract.
고용주와 피고용인은 본 계약서의 모든 내용을 숙지하며 본 계약서의 유효일 전 구두로 오간 어떠한 약속이나 합의 등, 본 계약서에 적혀 있지 않는 한 서로에게 무효하다. 그 어떠한 변경사항이 있을 시에는 문서화하여 쌍방의 숙지 아래 서명을 하여 본 계약서에 명시를 하여야 하며, 구두로나 그 어떠한 다른 형식으로 한, 문서화되지 않은 쌍방이 모르는 내용에 관해서는 무효이다.




c. TRANSFER OF CONTRACT
계약서 양도

Under no circumstances can the Employer exchange, give, well, or transfer this contract or the services of the Employee to another party or Institute without the written consent of the Employee.
그 어떠한 경우에도 고용주는 피고용주의 문서화된 동의 없이 본 계약서를 다른 고용주에게 양도 또는 매매할 수 없다.


CLAUSE 17 (GOVERNING LAW & JURISDICTION)
제17항 (법률과 사법)

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.
이 계약서는 대한민국 법에 의거한다.
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.
이 계약서는 아래에 기명한 교사와 고용주 간의 완벽한 이해와 동의 하에 어떤 실질적인 수정이나 개정이 작성되지 않는 한 확고하며 최종적임을 알린다.




In witness thereof, we have affixed our signatures hereon.
그것의 증거로서, 교사와 고용주는 여기에 서명한다.



_____________________________________________________________________ Employer Name (print & sign) Date


_____________________________________________________________________ Teacher Name (print & sign) Date
Back to top
View user's profile Send private message
RangerMcGreggor



Joined: 12 Jan 2011
Location: Somewhere in Korea

PostPosted: Sun Nov 24, 2013 7:23 pm    Post subject: Reply with quote

No pension and an absurd amount of workload (200 classes!?!?!?!?!)
Back to top
View user's profile Send private message
Marquis



Joined: 25 Jul 2013

PostPosted: Wed Nov 27, 2013 10:59 am    Post subject: Reply with quote

Hi folks, got a contract this morning, it looks rather acceptable but if someone might point something I missed, I'd appreciate it.
_______________________________________________________________

3. RESPONSIBILITIES OF TEACHER:
(A). The teacher is expected to devote no less than 1 hour a day at the institute for the lesson planning with co-teachers, student evaluations, syllabuses, telephone English, report cards, field trips, consultation with parents, supervision of play, maintenance of the English environment during breaks, workshops, staff meetings, and upgrading ones professional knowledge and skills without additional pay. The work week will follow the yearly academic calendar issued by the school.
(B) The instructor's working hours (Monday ~ Friday 9:30AM-6:00PM) shall be determined by the School's schedule. However, the teaching schedule can be changed according to School’s schedule.
(C) The instructor is responsible for familiarizing him or herself with all institute materials relevant to teaching at the School. The instructor shall faithfully teach and train students at the School.
(D) The instructor should follow all the regulations of school including teacher’s code of conduct.
(E) The instructor is responsible for finding substitute instructor when he/she is not able to work for some periods on special occasion. In that case the cost of substitute teacher should be borne by instructor.
(F) The instructor must receive an education from school regarding curriculum, teaching method and school rules for at least 5 days without pay before he/she starts to work for the school.

4. TEACHER'S SALARY:
(A) The teacher's total monthly salary shall be 2,100,000 won. The teacher's annual salary will total 25,200,000 won. A severance pay bonus equivalent to one month salary will also be paid at the end of the contract. This compensation is in exchange for teaching an average of 6 hours a day, five days per week, totaling 120 hours a month during the contract year. (on the basis of actual teaching time, excluding breaks and lunch time)
(B) On completion of ones responsibilities of the full contract period, the severance pay is 2,100,000won equivalent to the monthly salary. It will be paid only at the completion of the contract.
(C) If the instructor teaches, by mutual agreement of the instructor and employer, additional teaching hours over and above 30 hours per week. Overtime compensation at 20,000 Won/hour shall be paid for those hours.
(D) The instructor's salary will be paid monthly on the regular day for payment of instructor's salaries.

5. AIRFARE:
One way airfare will be provided by the school from Teacher`s nearest international airport to Incheon airport in Korea. And if the teacher leaving within 6 month of arrival,
He/she must reimburse the equivalent cost or it will be deducted from teacher`s salary.

Return airfare to the teacher's home country shall be paid by the school upon completion of the 12 months contractual teaching period only when he/she will go back home country within two weeks after contract period. Return airfare will not be provided if the teacher leaves the school prior to completion of the 12 month teaching period. The departure airport should be an international airport near teachers’ home. (Not domestic airport)

6. HOUSING:
(A) The institute will provide a private single person accommodation free-of-charge to the teacher.
(B) The teacher's apartment furnishings shall include: basic cooking utensils such as pots pans and dishes; a stove; a refrigerator; a bed with clean linen; a washing machine; and a closet, heater, table and chairs, TV, and AC.
(C) Costs for all utilities, including lighting, heat, and water, shall be borne by the teacher.
(D) Employee agrees to the withholding from salary payments of a security deposit to cover unpaid monthly service, utility, and telephone charges or to cover repayments for employee's default on contract agreements. Such deposit amounting to 200,000 Won and being deductible from Employee's salary during the first two months of employment with the employer.
Dependent on a written guarantee from a guarantor acceptable to Employer, Employer agrees that the security deposit will be returned, in full, to the Employee at the time of completion of the contract term. In the absence of such written guarantee, Employer will hold the full amount of the security deposit until all outstanding monthly service, utility, and telephone charges have been paid.


7. VACATION TIME:
The teacher shall enjoy 10 days of paid vacation (in addition to all Korean
national holidays and Saturdays and Sundays). The paid vacation will be normally 5 days for summer and 5 days for winter. But the schedule can be changed by school’s schedule.

8. KOREAN HEALTH INSURANCE / PENSION
The employer is required to subscribe to the Medical Insurance/Pension plan. Medical Insurance/Pension is split 50/50 by the employee and employer.

10. DUTY OF SECRECY:
(A) The instructor shall not disclose any of the contents of this agreement, including salary, to a third party including other employees of the school.
(B) The instructor shall not disclose any information relating to the contents of lecturers and business operation of the School without prior permission of the School. Violation of this portion of the contract will cause the Instructor to be responsible to compensate the School for all possible losses suffered by the School.

11. ADDITIONAL DUTIES:
(A) The instructor is required to conduct him/herself in a professional manner and to wear neat attire while at the school. Casual clothing is acceptable, provided that it is neat and clean.
(B) The following forms of behavior will not be permitted.
1) Not following scheduled class timetables and dismissing, canceling, or starting classes late without the prior approval of the institute director.
2) Conducting class while under the influence of alcohol, while smoking, or under the influence of illegal drugs.
3) Making sexual advances towards, or entering in to relationships with students or employees of the School.
(C) The institute shall have the right to terminate this contract if the instructor violates the contract or fails to conduct him/herself in a professional manner. At least two weeks termination notice will be given to the instructor in such case. In this case, the institute has no duty to give the severance pay bonus and return airfare to the instructor.
(D) If the Employee wishes to voluntarily resign from employment before the completion of this contract the employee must provide written notice to the Employer at least 10 weeks before the resignation.
(E) The teacher cannot work for other schools or companies without the consent of the school.
(F) The teacher must participate in school’s annual events on Saturday which is 6 times
a year and the school would not pay for those events.

12. Both parties have carefully read this contract; they have agreed to its terms in good faith; and they will attempt to resolve any disputes which may arise in accordance with the terms of the contract, and in a reasonable manner. All disputes which cannot be resolved by the parties to this contract will be resolved through the legal system of Korea in accordance with Korean law.
Back to top
View user's profile Send private message
CentralCali



Joined: 17 May 2007

PostPosted: Wed Nov 27, 2013 4:25 pm    Post subject: Reply with quote

Marquis wrote:
(E) The instructor is responsible for finding substitute instructor when he/she is not able to work for some periods on special occasion. In that case the cost of substitute teacher should be borne by instructor.


Like heck. The only way for this to even come close to making sense is if the parents are paying the full tuition to the teacher instead of to the school. Look, friend; the sub is working for the school, not for you. The school pays.

Quote:
(F) The instructor must receive an education from school regarding curriculum, teaching method and school rules for at least 5 days without pay before he/she starts to work for the school.


Well, I guess this crud is the new standard. It's still bogus, IMHO.

Quote:
4. TEACHER'S SALARY:
(A) The teacher's total monthly salary shall be 2,100,000 won. The teacher's annual salary will total 25,200,000 won. A severance pay bonus equivalent to one month salary will also be paid at the end of the contract. This compensation is in exchange for teaching an average of 6 hours a day, five days per week, totaling 120 hours a month during the contract year. (on the basis of actual teaching time, excluding breaks and lunch time)


I don't like that bit in there about on average. This is a great way for the school to not pay you overtime.

Quote:
(D) The instructor's salary will be paid monthly on the regular day for payment of instructor's salaries.


And when might that regular day be? I didn't notice it in your posting.

Quote:
(C) The institute shall have the right to terminate this contract if the instructor violates the contract or fails to conduct him/herself in a professional manner. At least two weeks termination notice will be given to the instructor in such case. In this case, the institute has no duty to give the severance pay bonus and return airfare to the instructor.


30 days pay or 30 days notice, not two weeks.

Quote:
(D) If the Employee wishes to voluntarily resign from employment before the completion of this contract the employee must provide written notice to the Employer at least 10 weeks before the resignation.


The employee has the legal right to quit without notice.

Quote:
(E) The teacher cannot work for other schools or companies without the consent of the school.
(F) The teacher must participate in school’s annual events on Saturday which is 6 times
a year and the school would not pay for those events.


SIX SATURDAYS? Good grief!

Unless you're desperate, this one contract deserves a pass.
Back to top
View user's profile Send private message
Marquis



Joined: 25 Jul 2013

PostPosted: Wed Nov 27, 2013 7:40 pm    Post subject: Reply with quote

CentralCali, I appreciate the feedback. Concerning (F) yeah, I think its boggus as well but like you said this has become the new standard, only bigger chain schools are offering paid training.

As for everything else, I'll take it up with the recruiter and school. Again, I appreciate the insight. I actually am a wee desperate but, I do expect another contract offer soon, this one though - you'd might be surprised I've been offered a few others that were much worse than this one.
Back to top
View user's profile Send private message
ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Thu Nov 28, 2013 10:14 am    Post subject: Reply with quote

Marquis wrote:
Hi folks, got a contract this morning, it looks rather acceptable but if someone might point something I missed, I'd appreciate it.
_______________________________________________________________

3. RESPONSIBILITIES OF TEACHER:
(A). The teacher is expected to devote no less than 1 hour a day at the institute for the lesson planning with co-teachers, student evaluations, syllabuses, telephone English, report cards, field trips, consultation with parents, supervision of play, maintenance of the English environment during breaks, workshops, staff meetings, and upgrading ones professional knowledge and skills without additional pay. The work week will follow the yearly academic calendar issued by the school.
(B) The instructor's working hours (Monday ~ Friday 9:30AM-6:00PM) shall be determined by the School's schedule. However, the teaching schedule can be changed according to School’s schedule.
(C) The instructor is responsible for familiarizing him or herself with all institute materials relevant to teaching at the School. The instructor shall faithfully teach and train students at the School.
(D) The instructor should follow all the regulations of school including teacher’s code of conduct.
(E) The instructor is responsible for finding substitute instructor when he/she is not able to work for some periods on special occasion. In that case the cost of substitute teacher should be borne by instructor.
(F) The instructor must receive an education from school regarding curriculum, teaching method and school rules for at least 5 days without pay before he/she starts to work for the school.

4. TEACHER'S SALARY:
(A) The teacher's total monthly salary shall be 2,100,000 won. The teacher's annual salary will total 25,200,000 won. A severance pay bonus equivalent to one month salary will also be paid at the end of the contract. This compensation is in exchange for teaching an average of 6 hours a day, five days per week, totaling 120 hours a month during the contract year. (on the basis of actual teaching time, excluding breaks and lunch time)
(B) On completion of ones responsibilities of the full contract period, the severance pay is 2,100,000won equivalent to the monthly salary. It will be paid only at the completion of the contract.
(C) If the instructor teaches, by mutual agreement of the instructor and employer, additional teaching hours over and above 30 hours per week. Overtime compensation at 20,000 Won/hour shall be paid for those hours.
(D) The instructor's salary will be paid monthly on the regular day for payment of instructor's salaries.

5. AIRFARE:
One way airfare will be provided by the school from Teacher`s nearest international airport to Incheon airport in Korea. And if the teacher leaving within 6 month of arrival,
He/she must reimburse the equivalent cost or it will be deducted from teacher`s salary.

Return airfare to the teacher's home country shall be paid by the school upon completion of the 12 months contractual teaching period only when he/she will go back home country within two weeks after contract period. Return airfare will not be provided if the teacher leaves the school prior to completion of the 12 month teaching period. The departure airport should be an international airport near teachers’ home. (Not domestic airport)

6. HOUSING:
(A) The institute will provide a private single person accommodation free-of-charge to the teacher.
(B) The teacher's apartment furnishings shall include: basic cooking utensils such as pots pans and dishes; a stove; a refrigerator; a bed with clean linen; a washing machine; and a closet, heater, table and chairs, TV, and AC.
(C) Costs for all utilities, including lighting, heat, and water, shall be borne by the teacher.
(D) Employee agrees to the withholding from salary payments of a security deposit to cover unpaid monthly service, utility, and telephone charges or to cover repayments for employee's default on contract agreements. Such deposit amounting to 200,000 Won and being deductible from Employee's salary during the first two months of employment with the employer.
Dependent on a written guarantee from a guarantor acceptable to Employer, Employer agrees that the security deposit will be returned, in full, to the Employee at the time of completion of the contract term. In the absence of such written guarantee, Employer will hold the full amount of the security deposit until all outstanding monthly service, utility, and telephone charges have been paid.


7. VACATION TIME:
The teacher shall enjoy 10 days of paid vacation (in addition to all Korean
national holidays and Saturdays and Sundays). The paid vacation will be normally 5 days for summer and 5 days for winter. But the schedule can be changed by school’s schedule.

8. KOREAN HEALTH INSURANCE / PENSION
The employer is required to subscribe to the Medical Insurance/Pension plan. Medical Insurance/Pension is split 50/50 by the employee and employer.

10. DUTY OF SECRECY:
(A) The instructor shall not disclose any of the contents of this agreement, including salary, to a third party including other employees of the school.
(B) The instructor shall not disclose any information relating to the contents of lecturers and business operation of the School without prior permission of the School. Violation of this portion of the contract will cause the Instructor to be responsible to compensate the School for all possible losses suffered by the School.

11. ADDITIONAL DUTIES:
(A) The instructor is required to conduct him/herself in a professional manner and to wear neat attire while at the school. Casual clothing is acceptable, provided that it is neat and clean.
(B) The following forms of behavior will not be permitted.
1) Not following scheduled class timetables and dismissing, canceling, or starting classes late without the prior approval of the institute director.
2) Conducting class while under the influence of alcohol, while smoking, or under the influence of illegal drugs.
3) Making sexual advances towards, or entering in to relationships with students or employees of the School.
(C) The institute shall have the right to terminate this contract if the instructor violates the contract or fails to conduct him/herself in a professional manner. At least two weeks termination notice will be given to the instructor in such case. In this case, the institute has no duty to give the severance pay bonus and return airfare to the instructor.
(D) If the Employee wishes to voluntarily resign from employment before the completion of this contract the employee must provide written notice to the Employer at least 10 weeks before the resignation.
(E) The teacher cannot work for other schools or companies without the consent of the school.
(F) The teacher must participate in school’s annual events on Saturday which is 6 times
a year and the school would not pay for those events.

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


If you're truly desperate, you might want to stall on this one for a few days and take it if nothing better comes along.

According to the contract, you are treated as an employee and you have National Pension and National Health Insurance. You have 10 real days of vacation. These things are standard, but not every contract has them.(Many contracts are for Independent Contractors which, despite being legal, is almost always a bad deal and to be avoided.)

The rest of the terms are mostly standard. 2.1 million won per month is the new norm for beginning teachers, and it's still falling. These days many schools are paying 2.0 million. You get airfare to and from Korea. Many schools are starting to pay only one way with no return. Your housing is also standard.

Since most schools don't give sick days at all, or even if you have them you essentially can't use them, whatever terms there are about substitute teachers, they are meaningless - in most cases there are no substitute teachers for E2 native English speakers. The basic rule for illness in Korea (even at government schools) is, "Don't get sick." Rule number two is that even if you are sick you work anyway.

The unpaid training is also a standard feature these days, especially at the large chain schools. The best schools pay the regular salary during any training time, and in some cases OT is paid for extra training. Unfortunately this unpaid cr@p is standard. Training time should be paid.

The housing deposit is a big negative, but many schools - and all government schools - have this crud. You will usually get the money back at the end, but it shows a lack of trust and respect. The best schools don't require a housing deposit.

The 6 free Saturdays is a big negative, but if you've ever worked a professional job in the "real" world you know that this is a normal requirement of any salaried, professional job. Weekends and evenings are used frequently for meetings, events, required parties and even training sessions - none of which earns extra pay. Unfortunately many posters on Dave's have never held a professional job before coming here. Worse, many will never have another professional job after they leave.

10 weeks notice to resign is a bit long. Two months notice is standard. Most schools will be able to replace a resigning teacher and let them leave quicker. The students need a teacher so it is not unreasonable to require notice. And while it's true that you are not a slave and you can quit any time, you have legal, contractual obligations that you are not released from if you quit without notice. So if you do quit without notice, the labor office cannot override your contractual obligations - meaning you can leave but you can still be sued for damages. If you quit early - and cause serious damages that cannot be mitigated - you can be required by a civil court to pay for damages.

You didn't post the name of the school, so there's no way to know if this school is good, but the contract isn't terrible. It's obviously not a great school, but sadly, you could wait a long time for something better these days.
Back to top
View user's profile Send private message
colleen234



Joined: 28 Nov 2013

PostPosted: Mon Dec 02, 2013 4:46 pm    Post subject: My contract Reply with quote

Hey everyone- this is my first time going to Korea. Can you give me some feedback on this contract? Thanks!

1. INTRODUCTION: The instructor agrees to teach students at the institute at the times designated by the institute management, and agrees to develop and present educational programs for the students. The instructor agrees to follow and strictly comply with the institute's policies and guidelines during the period of this agreement.


2. CONTRACT DURATION:
(A) It is hereby agreed between the institute and the instructor that the instructor shall teach at the school for one year, starting from of 2014 and ending of 2015
(B) If the instructor wishes to renew his/her contract at the end of one year, he/she must inform the institute two months prior to the end of one year's service, and the contract may, if both parties agree, be renewed at that time for another year by mutual agreement.


3. RESPONSIBILITIES OF TEACHERS:
(A) The teacher is expected to devote no less than 1 hour a day at the institute for the lesson planning with co-teachers, student evaluations, syllabuses, telephone English, report cards, field trips, consultation with parents, supervision of play, maintenance of the English environment during breaks, workshops, staff meetings, and upgrading ones professional knowledge and skills without additional pay. The work week will follow the yearly academic calendar issued by the school
(B) Instructors will attend the school event meetings – ads for recruiting, seminars, open-classes, inviting party events, etc. - on Saturdays without additional pay. (There will be about 4-6 times a year.
(C) The instructor's working hours 8 hours a day in accordance with The Korean Labor standard law (2:00pm -8:30pm) shall be determined by the institute's schedule. However, the teaching schedule can be changed according to the institute’s schedule.
(D) The instructor is responsible for familiarizing him or herself with all the institute materials relevant to teaching at the institute. The instructor shall faithfully teach and train students at the institute.




4. TEACHER'S SALARY:
(A) The teacher's total monthly salary shall be 2.1 million won. A severance pay bonus equivalent to one month salary will also be paid at the end of the contract. This compensation is in exchange for teaching an average of 6 hours a day, five days per week, totaling 120 hours a month during the contract year.
(B) On completion of his or her responsibility of the full contract period, the severance pay is 2.1 million won equivalent to the monthly salary. It will be paid only at the completion of the contract.
(C) If the instructor teaches, by mutual agreement of the instructor and employer, additional teaching hours over and above 30 hours per week. Overtime compensation at 20,000 Won/hour shall be paid for those hours.
(D) The instructor's salary will be paid monthly on the regular day for payment


5. AIRFARE TO KOREA
The instructor's one-way economy class or regular class airfare to Korea will be paid by the institute. Return airfare to the teacher's home country shall be paid by the school upon completion of the 12 month contractual teaching period. Return airfare will not be provided if the teacher leaves the school prior to completion of the 12 month teaching period. The departure airport should be an international airport near teachers’ home. (Not domestic airport)


6. HOUSING
(A) The institute will provide a private single person accommodation free-of-charge to the teacher.
(B) The teacher's apartment furnishings shall include: basic cooking utensils such as pots, pans, and dishes; a stove; a refrigerator; a bed with clean linen; a washing machine; and a closet, heater, table and chairs, TV, and phone.
(C) Costs for all utilities, including lighting, heat, and water, shall be borne by the teacher.


7. VACATION TIME:
The teacher shall enjoy 10 days of paid vacation (in addition to all Korean national holidays and Saturdays and Sundays). The paid vacation will be normally 5 days for summer and 5 days for winter. But the schedule can be changed by the institute’s schedule. Documented sick leave and emergency leave will be paid for a combined total of 3 working days a year. The teacher should provide the institute with as much advance notice as possible. The teacher should submit doctor’s prescription to the institute for approving sick leaves. Unused sick leave may not be converted into any cash payment. If it is found that the hours/days of absence reported as sick leave or emergency leave were not in fact for such purposes, related costs shall be subtracted from the following months pay. The above leaves will be included in the period of medical care compensation according to the Article 78 of Korean Labor Standard Law.




8. INCOME TAX:
3.3% per month of the instructor's salary shall be deducted by the employer as withholding tax as provided by Korean law.


9. KOREAN HEALTH INSURANCE:
Instructors will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The cost of this coverage will be borne half by the employer and half by the instructor. Instructor's share of this coverage will be deducted from instructor's monthly salary."


10. DUTY OF SECRECY:
(A) The instructor shall not disclose any of the contents of this agreement, including salary, to a third party (including other employees of the school)
(B) The instructor shall not disclose any information relating to the contents of lectures and business operation of the institute. Violation of this portion of the contract will cause the instructor to be responsible to compensate the institute for all possible losses suffered by the institute


11. ADDITIONAL DUTIES:
(A) The instructor is required to conduct him/herself in a professional manner and to wear neat attire while at the institute. Casual clothing is acceptable, provided that it is neat and clean.
(B) The following forms of behavior will not be permitted.
1) Not following scheduled class timetables and dismissing, canceling, or starting classes late without the prior approval of the institute director.
2) Conducting class while under the influence of alcohol, while smoking, or under the influence of illegal drugs.
3) Making sexual advances towards, or entering in to relationships with students or employees of the institute.
(C) The institute shall have the right to terminate this contract if the instructor violates the contract or fails to conduct him/herself in a professional manner. At least two weeks termination notice will be given to the instructor in such case. In this case, the institute has no duty to give the severance pay bonus and return airfare to the instructor.
(D)If the employee wishes to voluntarily resign from employment before the completion of this contract, the employee must provide written notice to the employer at least 12 weeks before the resignation
(E) For a dismissal or voluntary resignation of the teacher`s personal matters within this Contract period, the amount of airfare will be deducted from the Employee’s monthly salary and the teacher will make reparation for the damage.
(F) The teacher cannot work for other institutes or companies without the consent of the institute.


12. BOTH PARTIES HAVE CAREFULLY READ THIS CONTRACT:
They have agreed to its terms in good faith, and they will attempt to resolve any disputes which may arise in accordance with the terms of the contract and in a reasonable manner. All disputes which cannot be resolved by the parties to this contract will be resolved through the legal system of Korea in accordance with Korean law.
Back to top
View user's profile Send private message
TheUrbanMyth



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

PostPosted: Mon Dec 02, 2013 5:17 pm    Post subject: Re: My contract Reply with quote

colleen234 wrote:
Hey everyone- this is my first time going to Korea. Can you give me some feedback on this contract? Thanks!

1. INTRODUCTION: The instructor agrees to teach students at the institute at the times designated by the institute management, and agrees to develop and present educational programs for the students. The instructor agrees to follow and strictly comply with the institute's policies and guidelines during the period of this agreement.


2. CONTRACT DURATION:
(A) It is hereby agreed between the institute and the instructor that the instructor shall teach at the school for one year, starting from of 2014 and ending of 2015
(B) If the instructor wishes to renew his/her contract at the end of one year, he/she must inform the institute two months prior to the end of one year's service, and the contract may, if both parties agree, be renewed at that time for another year by mutual agreement.


3. RESPONSIBILITIES OF TEACHERS:
(A) The teacher is expected to devote no less than 1 hour a day at the institute for the lesson planning with co-teachers, student evaluations, syllabuses, telephone English, report cards, field trips, consultation with parents, supervision of play, maintenance of the English environment during breaks, workshops, staff meetings, and upgrading ones professional knowledge and skills without additional pay. The work week will follow the yearly academic calendar issued by the school
(B) Instructors will attend the school event meetings – ads for recruiting, seminars, open-classes, inviting party events, etc. - on Saturdays without additional pay. (There will be about 4-6 times a year.

Not too thrilled about these Saturdays...sadly enough though this seems to be becoming the new standard.


(C) The instructor's working hours 8 hours a day in accordance with The Korean Labor standard law (2:00pm -8:30pm) shall be determined by the institute's schedule. However, the teaching schedule can be changed according to the institute’s schedule.
(D) The instructor is responsible for familiarizing him or herself with all the institute materials relevant to teaching at the institute. The instructor shall faithfully teach and train students at the institute.




4. TEACHER'S SALARY:
(A) The teacher's total monthly salary shall be 2.1 million won. A severance pay bonus equivalent to one month salary will also be paid at the end of the contract. This compensation is in exchange for teaching an average of 6 hours a day, five days per week, totaling 120 hours a month during the contract year.
(B) On completion of his or her responsibility of the full contract period, the severance pay is 2.1 million won equivalent to the monthly salary. It will be paid only at the completion of the contract.
(C) If the instructor teaches, by mutual agreement of the instructor and employer, additional teaching hours over and above 30 hours per week. Overtime compensation at 20,000 Won/hour shall be paid for those hours.
(D) The instructor's salary will be paid monthly on the regular day for payment


5. AIRFARE TO KOREA
The instructor's one-way economy class or regular class airfare to Korea will be paid by the institute. Return airfare to the teacher's home country shall be paid by the school upon completion of the 12 month contractual teaching period. Return airfare will not be provided if the teacher leaves the school prior to completion of the 12 month teaching period. The departure airport should be an international airport near teachers’ home. (Not domestic airport)


6. HOUSING
(A) The institute will provide a private single person accommodation free-of-charge to the teacher.
(B) The teacher's apartment furnishings shall include: basic cooking utensils such as pots, pans, and dishes; a stove; a refrigerator; a bed with clean linen; a washing machine; and a closet, heater, table and chairs, TV, and phone.

No air conditioning? Not even a fan?

(C) Costs for all utilities, including lighting, heat, and water, shall be borne by the teacher.


7. VACATION TIME:
The teacher shall enjoy 10 days of paid vacation (in addition to all Korean national holidays and Saturdays and Sundays). The paid vacation will be normally 5 days for summer and 5 days for winter. But the schedule can be changed by the institute’s schedule. Documented sick leave and emergency leave will be paid for a combined total of 3 working days a year. The teacher should provide the institute with as much advance notice as possible. The teacher should submit doctor’s prescription to the institute for approving sick leaves. Unused sick leave may not be converted into any cash payment. If it is found that the hours/days of absence reported as sick leave or emergency leave were not in fact for such purposes, related costs shall be subtracted from the following months pay. The above leaves will be included in the period of medical care compensation according to the Article 78 of Korean Labor Standard Law.




8. INCOME TAX:
3.3% per month of the instructor's salary shall be deducted by the employer as withholding tax as provided by Korean law.

Tax is too high.


9. KOREAN HEALTH INSURANCE:
Instructors will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The cost of this coverage will be borne half by the employer and half by the instructor. Instructor's share of this coverage will be deducted from instructor's monthly salary."

The medical insurance should be from the NHIC not from anything else. And where is pension?


10. DUTY OF SECRECY:
(A) The instructor shall not disclose any of the contents of this agreement, including salary, to a third party (including other employees of the school)
(B) The instructor shall not disclose any information relating to the contents of lectures and business operation of the institute. Violation of this portion of the contract will cause the instructor to be responsible to compensate the institute for all possible losses suffered by the institute


11. ADDITIONAL DUTIES:
(A) The instructor is required to conduct him/herself in a professional manner and to wear neat attire while at the institute. Casual clothing is acceptable, provided that it is neat and clean.
(B) The following forms of behavior will not be permitted.
1) Not following scheduled class timetables and dismissing, canceling, or starting classes late without the prior approval of the institute director.
2) Conducting class while under the influence of alcohol, while smoking, or under the influence of illegal drugs.
3) Making sexual advances towards, or entering in to relationships with students or employees of the institute.
(C) The institute shall have the right to terminate this contract if the instructor violates the contract or fails to conduct him/herself in a professional manner. At least two weeks termination notice will be given to the instructor in such case. In this case, the institute has no duty to give the severance pay bonus and return airfare to the instructor.
(D)If the employee wishes to voluntarily resign from employment before the completion of this contract, the employee must provide written notice to the employer at least 12 weeks before the resignation
(E) For a dismissal or voluntary resignation of the teacher`s personal matters within this Contract period, the amount of airfare will be deducted from the Employee’s monthly salary and the teacher will make reparation for the damage.

Standard at good hakwons is after six months you don't have to pay the airfare back. And what is this nonsense about damages?

(F) The teacher cannot work for other institutes or companies without the consent of the institute.


12. BOTH PARTIES HAVE CAREFULLY READ THIS CONTRACT:
They have agreed to its terms in good faith, and they will attempt to resolve any disputes which may arise in accordance with the terms of the contract and in a reasonable manner. All disputes which cannot be resolved by the parties to this contract will be resolved through the legal system of Korea in accordance with Korean law.



A lot of extra work, a low salary, unpaid Saturdays, no pension, a poorer version of health insurance, a changeable schedule, can be fired in the 11th month and still have to pay airfare back PLUS damages.

I'd pass on this one.
Back to top
View user's profile Send private message
Display posts from previous:   
Post new topic   Reply to topic    Korean Job Discussion Forums Forum Index -> Job-related Discussion Forum All times are GMT - 8 Hours
Goto page Previous  1, 2, 3 ... 131, 132, 133 ... 138, 139, 140  Next
Page 132 of 140

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum


This page is maintained by the one and only Dave Sperling.
Contact Dave's ESL Cafe
Copyright © 2013 Dave Sperling. All Rights Reserved.

Powered by phpBB © 2001, 2002 phpBB Group

TEFL International Supports Dave's ESL Cafe
TEFL Courses, TESOL Course, English Teaching Jobs - TEFL International