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



Joined: 09 Jul 2013

PostPosted: Mon Dec 02, 2013 10:29 pm    Post subject: Hagwon in Bundang Reply with quote

So I'll be a newbie teaching in Korea for the first time- this is my first offer. I have a Teaching degree and almost a year of experience in the classroom so I'm not trying to jump at the first offer. Anyway, everything seems to be pretty decent in this contract except for the mention of "workshops" and other extra duties in the first paragraph- I'm in touch with a current teacher to get some feedback on the school.

also strange is the salary ? I think its a type-o or something-"employer will pay employee for the minimum teaching requirement mentioned above the amount of 22 mil ions won (Basic salary) or each month of this agreement"

The school agreed to give me an increase to 2.3 mil after 3 months if i don't "get any complaints or write ups" this kind of sounds like a red flag to me. obviously i would have them add this to the contract if i accept- however i guess they could just write me up for something stupid if they really wanted to to get out of paying me the extra money.

also in section five letter c- i have NO CLUE what that means. employer will have the right to dismiss "for leading the intend affair to leak out" HUH??

here is the contract in full- any feedback would be greatly appreciated Smile
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EMPLOYER AND EMPLOYEE AGREE AS FOLLOWS
Employee accepts employment from employer to teach the English language under the terms and conditions set forth here in this agreement for a period of 12 months and consecutive months. Employment commences from the first day of work (March 1, 2014) and finishes on the last teaching day of the last teaching session covered under this agreement.

Teaching Duties
1.0 Regular Duties: During the term of this agreement, employee will be required to prepare for, teach and carry out all required administrative duties connected with classes assigned by the employer. Hours spent in office preparing lessons, photocopying materials, student counseling or evaluation, and other work related to the Institute. No regular schedule of work hours can be guaranteed to employee. Payment made for assigned teaching periods is inclusive of payment for preparation and administrative duties connected with those assigned classes. Employee agrees to attend meetings and training workshops scheduled by employer. The purpose of meetings and workshops is to inform employees of matters relating to employees duties and the institutes operation, or to assist in employees professional development. No payment in excess of or in addition to employees monthly salary will be made for attending meetings or workshops scheduled by employer. In case of a teacher’s absence, lateness or vacation, Employee must substitute for some of these classes with other teacher.

1.1 Teaching Hours: Employer shall perform regular teaching duties and class instruction. The minimum teaching requirement is 120 hours per month(an average of 30 hours per week), such average being calculated over each month. Monday through Fridays are teaching days except for scheduled public holidays and vacation days. Summer and Winter Intensive sessions, and day of special class’s teaching are exceptions. Employee must be on time scheduled by employer.

1.2 Work Policies: At all times during the term of this agreement, employee will directly adhere to and obey all the rules and regulations that have been, or may hereafter mutually be established, by employer and employee for the conduct of employee or generally for the conduct of instructors at the place of employment. The employer can deduct the percentage of missing classes from salary due to unexplained or unexcused absences.



Compensation and Other Treatment of Employee

Korean Labor Law: By law, all foreign Employees are subject to the same labor laws as Koreans; therefore, Employer and Employee agree to follow Korean Labor Laws governing the Korean Pension (social security) program and other regulations. Any event not described in this contract shall be resolved in accordance with Korean Labor Law Standards and related regulations, or by mutual consent of both parties.

2.0 Transportation: At the beginning of the contract period, the employer will provide employee with an economy class ticket to South Korea. On completion of the full contract period and employee will come back to his country, employer will provide for the employee an economy class ticket for passage from Korea to point of departure. The return air ticket will be provided at the time of termination of employment. If employee won’t return from Korea, employer will not provide
air ticket. Employer is not responsible for return airfare should the employer terminates employment based upon performance as outlined in paragraph 5.0 of this employment contract.


2.1 Salary: Except for the period of orientation and training, employer will pay employee for the minimum teaching requirement mentioned above the amount of 22 mil ions won (Basic salary) or each month of this agreement. Teaching salary will commence from the first day of teaching. Korean income taxes and Korean National Pension Scheme deductions (approximately 7%) will be withheld. Monthly salary payments will be made on the tenth day of the month following the month during which the employment services were provided. Employee will be paid at the rate of 20,000 Won for each teaching period in excess of the minimum teaching requirement. The salary day is 15th next month.


2.2 Orientation and Training: Shortly after arrival in Korea, employee will be required to undertake orientation and training before commencing teaching. The period of training and orientation will usually be 2~3 days but employer reserves the right to reduce that period in cases where employee arrives in Korea less than one week before the commencement of a scheduled teaching session. For training period, employer will pay employee to 50% of normal salary.


2.3 Severance Payment: Dependent upon completion of at least one full year of employment with employer, employee will be given one months salary payment, according to Korean Labor Law. This payment is made at the time of termination of employment, including any periods subsequent to that covered under this agreement.


2.4 Holidays and Vacation: Employee will be entitled to observe public holidays and receive vacation days during the contract term according to a yearly schedule provided by employer before the commencement of the year to which the schedule refers. There are ten paid vacation days in each calendar year (January - December). Employee can not ask for personal holidays or vacation days during those Summer and Winter intensive sessions, or opening season of new class. Five vacation days will be determined by the school and remaining five days will be selected by the employee with prior approval from the employer


2.5 Medical Insurance: Employee will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The costs of this coverage will be borne half by employer and half by employee. The monthly premium is approximately 3% of the Employees monthly salary.


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


Housing

3.0 Housing: Employer will provide at no cost to the employee(other than utilities fees) a single apartment with furnished living accommodations for employee for the tenure of this contract.
The apartment must be mutually agree on by both employer and employee.

3.1 Furnishings: Furnishings provided by employer include: A kitchen table and chairs, a two-burner gas stove, a refrigerator, a telephone, a television, a washing machine, a bed, and a wardrobe.

3.2 Utilities: The cost of monthly service, utility, and telephone charges for accommodation provided by employer will be employees responsibility.

3.3 In the event that employee vacates employer-provided accommodation during the contract term, and the lease for the accommodation must be canceled.




Dual Employment Prohibition

4.0 Illegal Employment: Employee, after signing the agreement and receiving a work visa, can only legally work for the Institute designated by Employer. If Employee works for any other institutes, companies, or individuals without the consent of Employer and Korean Immigration Office, Employee shall pay one months salary and the total cost of hiring and replacing the Employee and any other losses ensued by his/her conduct, including losses incurred by the Institute if they lose their license to operate the school.






Dismissal or Voluntary Resignation

5.0 Employer will have the right to dismiss employee for unwillingness or inability to meet conditions of employment as set out under this agreement, for conduct seriously jeopardizing any student or staff person, or for criminal activity and include the following as well :
- a) for frequent lateness and unexcused absences
- b) for several times complaint about class(you) from parents or students
- c) for leading the intend affair to leak out

5.1 In the event that the employee is dismissed, or in the event that the employee voluntarily resigns prior to the termination of the term of this agreement, employer will pay salary due to date of termination. Employer will be entitled to withhold a deposit of 200,000 Won. Employer will deduct from deposit as a telephone bill, Electricity bill, Gas, maintenance fee and so on . But, In case of unreasonable and unexpected resignation, this deposit and airfare will be considered forfeit.


Covenants

6.0 Employee hereby agrees, covenants, and undertakes that he/she will not undertake any teaching duties or employment with any persons or organizations other than the employer. To undertake such employment is a breach of Korean Immigration law and can have serious consequences.

6.1 The employee understands and accepts that the rights to use, sale, distribution, or publication of all original material produced by the employee during the course of employee's employment, and for which the employee is compensated as either regular pay, as overtime, or in an agreed-upon lump sum, remain the sole property of employer.

Jurisdiction

7.0 This agreement will be interpreted according to the internal(domestic) laws of the Republic of Korea. A competent court in the Republic of Korea will have jurisdiction in regard to any dispute or claim arising out of, or in connection with, this agreement.

7.1 This agreement has been drawn up and has been executed in the English language and the English language text of this agreement will govern and prevail over any translation.

7.2 Employer and employee have executed this agreement on the date indicated below. Intending to be legally bound to, and in witness of, employer and employee have appended their signatures.

Very Happy Very Happy
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colleen234



Joined: 28 Nov 2013

PostPosted: Tue Dec 03, 2013 4:22 am    Post subject: Re: My contract Reply with quote

TheUrbanMyth wrote:
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.


I've already written the owner regarding the saturdays. She said it would be very infrequent and maybe an hour open house type deal. I told her to include that specifically in the contract so I feel more reassured. She also said that she would provide me with air conditioner via e-mail, so I have a history of her saying she would take care of that. What is the extra work? Via phone, she said I would need about an hour to prepare and then I'd work for about 6 hours. I've contacted the recruiter to see if I can add pension to the contract and the insurance that you mentioned. Thank you for dissecting this contract, I want to see if things can be adjusted/added so that I can make it work because the person who I interviewed seemed to be on it as an owner/person who genuinely cared for the employees more than anyone I've talked to so far.
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TheUrbanMyth



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

PostPosted: Tue Dec 03, 2013 5:50 pm    Post subject: Re: My contract Reply with quote

colleen234 wrote:
[

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.



I've already written the owner regarding the saturdays. She said it would be very infrequent and maybe an hour open house type deal. I told her to include that specifically in the contract so I feel more reassured. She also said that she would provide me with air conditioner via e-mail, so I have a history of her saying she would take care of that. What is the extra work? Via phone, she said I would need about an hour to prepare and then I'd work for about 6 hours. I've contacted the recruiter to see if I can add pension to the contract and the insurance that you mentioned. Thank you for dissecting this contract, I want to see if things can be adjusted/added so that I can make it work because the person who I interviewed seemed to be on it as an owner/person who genuinely cared for the employees more than anyone I've talked to so far.



Keep in mind hakwon owners are notorious for promising one thing and then not delivering (there are some good ones out there) but they have a reputation for a reason. And the recruiter has no power to change or add anything to the contract...check with the owner on that.

Regarding your question on the extra work. I included it above. Let's break it down with my comments in bold.


Lesson planning with co-teachers. Okay...if said co-teachers are actually interested in delivering a solid lesson plan. Keep in mind that at most hakwons Korean teachers are usually paid far less than the foreign teacher or teachers. This can lead to petty resentment and backbiting. You might occasionally bring in small gifts like snacks and drinks...they're fairly cheap and can go a long way towards being accepted...it's up to you.

Student evaluations. What exactly are these? A daily, weekly, monthly occurrence? Are you provided with forms or expected to make your own?

Syllabuses. I do believe it is the responsibility of your workplace to provide these...unless that is a translation error. At least they should give guidelines for what the students are supposed to learn and when.

Telephone English. This means that after classes you are expected to phone the students at home and talk to them in English. Depending on their level of English this can either be okay or an exercise in frustration for both you and the child as he or she desperately tries to recall what to say. In other words it doesn't do much to improve English...it's a gimmick sold to the parents to reassure them they are getting their money's worth.

Report cards. Again another gimmick. These reports have exactly ZERO bearing on the child's academic future. That's determined at the public school. But parents like to see what is happening therefore report cards. No one word comments on these...you will be expected to write 1-2 sentences in simple English. Most hakwon teachers come to dread these. Again how occasional is this...monthly or every few months?

Field trips. This are very likely to take place on Saturdays. There probably won't be very many of them...but expect anywhere from 2-6 (more or less depending on your specific school).

Consultation with parents. This involves you standing in the staff room smiling and nodding and saying "Hello" to parents. Occasionally a parent with a decent level of English MAY come up to you and ask how is their child doing? Generally speaking, they do NOT want to hear a realistic assessment. Just say "fine". Above all avoid giving specifics unless they are positive..."Oh Timmy is a joy to have in class...he's very willing and able to help others."---translation "I have to tell Timmy to be quiet 10 times because he just WON'T stop talking." Yes you guessed it...this consultation is yet another gimmick.

Supervision of play. Not your job. You are a teacher.

Maintenance of the English environment during break. Means that you speak in English to the students who talk to you.


Workshops. Again what are these specifically? And again if any, expect them to also be on a Saturday.

Staff meetings. You sit around a table while everyone else talks in Korean...then they may or may not tell you what they've decided. This is of course provided you are the sole foreigner...with more foreigners at the school there is a greater chance of the meeting being held in English or translated. Generally speaking it's a waste of time...but again it's expected. Don't expect that any serious issues will be solved here so if offered the chance to air your views or concerns just offer a few platitudes.

Of course none of my comments apply should you get that rare "one in a million" school that actually puts education above profit, and listens to its teachers.
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RangerMcGreggor



Joined: 12 Jan 2011
Location: Somewhere in Korea

PostPosted: Tue Dec 03, 2013 6:53 pm    Post subject: Re: Hagwon in Bundang Reply with quote

heyboonay wrote:
So I'll be a newbie teaching in Korea for the first time- this is my first offer. I have a Teaching degree and almost a year of experience in the classroom so I'm not trying to jump at the first offer.


As a teacher with credentials and experience, don't take this contract or any hagwon garbage. You actually qualify for pretty decent positions that other people can't get it. Look around a bit more.
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cobre001



Joined: 26 Sep 2013

PostPosted: Fri Dec 06, 2013 8:40 pm    Post subject: Reply with quote

Got a contract, thought I'd put it up for review. Thanks! I'd appreciate any thoughts.

1. Working Hours and Conditions
The Teacher accepts employment from the Institute to teach English under the terms and conditions set forth here in this agreement for a period of twelve full and consecutive months.

The employment period is for one year.(______________ _)

School operates on a term basis. A term is usually one calendar month or 30 days and it is called a “session”. In the event that Teacher's contract ends in the middle of a session, he or she is required to work through the end of the session.

The teacher’s daily working hours – including preparation, class teaching, etc. – are approximately 8 hours. Some days it could be more than 8 hours, still other days less than 8 hours, therefore averaging out to approximately 8 hours a day.

As for teaching hours, teacher will have at least 1600 minutes of class time per teaching week, in classes that will be 20, 40, 60, or 80 minutes long. Monday through Friday are teaching days except for scheduled public holidays and vacation days.

In addition to physical class time (off-line), all teachers are eligible to teach online classes for Mango-I. Online classes are considered “class time” and count towards the 1600 minutes per week total. However, in all cases, the majority of assigned hours will be offline teaching. The teacher’s work schedule, on line or off line, is entirely up to the management and the teacher agrees to adhere to his/her teaching assignments organized by the management.

The Teacher is expected to devote no less than 2 hours a day at the Institute for lesson planning, consultation with co-teachers, student evaluations, reporting, workshops, and teachers' meetings.

The teacher will be required to attend some special events (graduation ceremony, etc). Teacher will receive additional compensation for these days.

1. Duties
Duties may include, but are not limited to; teaching, substitute teaching, supervision of students, preparation/production of teaching materials, attendance at teachers’ meetings and workshops, writing evaluation comments, essay and journal correction, preparing evaluation reports and Teacher Training in the Institute or (Name) headquarters.

The Teacher’s duties and responsibilities, as well as the academic programs, may be modified, from time to time, after being agreed upon by both the Teacher and the Institute.

The Teacher may work longer than the usual working hours during the summer and winter vacation. Overtime will be given for hours that exceed the classroom hours of this agreement.

With the teachers agreement, any part of the Teacher’s workload can be converted into research and development work under his or her supervisor’s

CD Player.
- Individual teacher/Employee must be equipped with his/her own a CD player which is used as an instructional tool.
- Teacher agrees to a deposit in the amount of Won 60,000 (Approx. US$
52.00), which will be deducted from his/her first pay. This fund is used toward purchasing a CD player.
- The deposit of Won60,000 is returned to the Employee after one year
regardless of the contract term of the Employee. Plus, the CD player becomes
the property of Employee.
- Repairs uncovered by warranty, such as ones caused by vandalism, have to be paid from deposited fund.

3. Behavior
The Teacher should respect the rules and the standard of conduct set by the Institute and obey the laws, regulations, instructions, and ordinances of the national and local governments.

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

5. Performance Evaluations
The Teacher may be evaluated in writing or verbal comment by his or her supervisor. The Institute has the right to determine if a performance appraisal is needed on a monthly basis or more frequently. The evaluation will include a review of the Teacher’s job qualifications and performance; the quality of his or her work; knowledge of his or her job, job skills, and attitude toward job; working relations with co-workers, students and parents; initiative, attendance, punctuality, and/or disciplinary record. The review is designed to provide both the Teacher and his or her supervisors with time to discuss his or her strengths, weaknesses, career objectives and other concerns.

6. Confidentiality
The Teacher hereby agrees, covenants and undertakes that he/she will not disclose any information relating to the Teacher’s employment conditions to others, any teaching materials, or any information related to the academic program, whether verbally or written, to individuals or corporate entities.
All teaching materials, including any books, textbooks and teaching resources, given to the Teacher by the Institute and reference materials prepared for the classes, by the Teacher, should be returned afterwards. The Teacher must not take out or use these materials for purpose other than for teaching at the Institute.
All materials and information produced during the period of employment, become the property of the Institute. The Teacher may be compensated as regular pay, overtime, or in an agreed-upon lump sum, according to an agreement between the teacher and the Institute.

7. Compensation
Monthly Salary
Except for the period of orientation and teacher training, the Institute will pay the Teacher a total monthly basic salary of 2.20 million Won.
The monthly salary is based on the monthly teaching session. Monthly salary payments will be made on or before the 25th day of the month following the month during which the employment services were provided. Korean income tax, National Pension and Medical Insurance will be deducted from the monthly salary.

Overtime
Overtime teaching - beyond 1600 minutes per week - is paid at 1.2 times of the regular pay. The assignment of overtime above the regular 1600 minutes per week is at the sole discretion of the Institute.
Payment for special event on Saturday is upon the discretion of the institute.
In case of substitute teaching, the Teacher will receive substitute teaching fee 1.2 times of the regular unit (80 minute), only if the substitute teaching class hours exceed the Teacher’s contractual class hours. In case the Teacher misses his/her classes without good cause, the Teacher shall be responsible for the substitute teaching fee 1.2* times of the regular pay (80 minute). That means the substitute teaching fee shall be deducted from the monthly payment.

Orientation and Teacher Training
The teacher will receive up to two weeks of orientation and training. Half of the normal teaching salary will be paid during the period of orientation and training. The orientation and training schedule will be approximately 8 hours a day.

Health Insurance
The Teacher will be covered by Korean National Health Insurance. According to the government guideline for teachers, the monthly insurance charge will be shared half by the Institute and half by the Teacher. Coverage will be from the date of joining with Korean Medical Insurance Union, commencing approximately 2 to 4 weeks after the teacher's arrival of Korea, due to requirements of the immigration and taxation departments.

National Pension Plan
In accordance with the Korean Law, all foreign workers employed by Korean businesses shall pay into the Korean National Pension plan at a rate stipulated by the Korean National Pension Law deducted from monthly earnings with the Institute's contribution.
Refund of the National Pension to a teacher who becomes a compulsorily insured Teacher, where the Pension Act of the Teacher's home country provides the benefit corresponding to the lump-sum refund of the National Pension Plan, the lump-sum refund of this plan shall be paid to the foreigner, according to Korean Law.

Severance Pay
On completion of one's responsibilities of the full employment period, an additional month of regular salary 2.20 million Won per one year shall be paid as severance pay. If the Teacher, however, does not complete the full period of one year of employment, none of the severance pay shall be paid according to Korean Labor Standard Law. Severance pay will be paid by bank at the time of termination of employment. Korean severance tax will be withheld.

Renewal or Extension of Contract
In the event the teacher wishes to extend or renew their contract beyond
the original dates, a written request for extension/renewal must be
submitted three months before contract completion. Renewal or extension
of an existing teacher's contract is at the sole discretion of the Institute.

Housing (see attached housing contract)
The Institute will select and provide furnished living accommodation for the Teacher. Single housing with furnishings will be supplied by the Institute. Couples will be provided with a furnished unit to share. However, due to its limited supply, a couple housing is NOT guaranteed, but is provided on first-come-first served basis or based on the teacher’s seniority. A couple not being provided a couple unit will get 2(two) single apartments instead.

Furnishings typically consist of a refrigerator and cooker, table, chairs, bed, wardrobe, laundry facilities, TV, VCR and air conditioner
The Teacher is responsible for utility charges such as electricity, gas, telephone charges, cable TV, Internet, etc.

Holidays/Vacation/Leave
Teacher will be entitled to observe public holidays and receive vacation paid days during the employment term.
Sick Leave: Paid sick leave is only applicable in cases of actual illness. The Teacher must provide a doctor’s certificate or a stamp from a pharmacy upon return to work. The Teacher is allocated 1600 minutes of class time as Sick Leave compensation. Unused sick leave may not be converted into cash. If the teacher misses more than the allocated sick time, regular pay will be deducted from his or her salary for every subsequent class missed.
Emergency Leave: Emergency Leave is only applicable in cases of natural disaster, hospitalization, death of immediate family members (spouse, parents, son or daughter), fire, accident or other emergency situations that have been acknowledged as such by the Institute. Notification of Emergency Leave should, if possible, be given three hours in advance of the classes the Teacher expects to miss. The Institute agrees that the Teacher is allocated no more than five working days of emergency leave. The Institute cannot provide the Teacher with any additional compensation for airfare in the case of an emergency. In the event that a period longer than five working days, 1.2* times of regular pay per unit will be deducted from his or her salary for every subsequent class missed.

Paid Vacation: The Institute provides Teacher with approximately two weeks
of paid vacation in one employment year. The vacation will be scheduled per the
individual teacher’s preference, i.e., Teacher can pick and choose vacation dates
and such dates need to be notified and discussed with the management in
advance for approval. The vacation scheduling is organized based on the following rules:

Only one teacher can be on vacation in any given week with an exception of a couple.
Maximum of one week (including Saturday and Sunday) can be granted per vacation. One week or 5 working days can be subdivided into lesser units. For instance, one can take 2 or 3 working days at a time.
All vacation dates have to be submitted at least one month in advance subject to management’s approval.

Transportation
The Institute shall pay a round-trip airfare between the nearest International Airport from the Teacher's location applied and a major city in Korea. Round-trip airfare is provided only once. If a one-way ticket is provided to Korea, at the end of employment, a one-way ticket back to the port of the employee’s departure will be provided. In the event that Teacher does not return to his/her home country at the end of employment, or Teacher wants, for some reason, monetary compensation in lieu of air ticket, he /she receives the Korean Won equivalent to the cost of the one way ticket received coming to Korea at the start of employment. The USD vs. Korean Won exchange rate applies as the base for the calculation of the amount to be paid.

Teacher hired in-country shall have a visa trip to Japan paid for by the Institute. Teachers hired in-country will, at the completion of their one year contract, be provided with one-way airfare to the major city of his or her country nearest to his or her home.
In case the Teacher fails to complete the employment by his or her own fault/reason, the Teacher shall pay back the Institute the total amount of the air ticket and the actual amount for the visa trip to Japan, in the case of an in-country hiring.
Air tickets provided cannot be exchanged for cash equivalents or transferred to persons other than the teacher.

Termination
The Institute has the right to terminate the Employment for the following terms
Terms of termination;
The Teacher fails to perform or unsatisfactorily performs any one of the duties stipulated in this agreement.
The Teacher fails to perform duties for more than three consecutive days without any excuse.
The determination that the Teacher is prevented from or incapable of performing his/her duties for a medical reason, whether it is a physical or psychological ailment. (If requested by Institute, the Teacher must be immediately be available for a medical examination.)
Receiving two warning letters.
Criminal behavior or misconduct.
Working or Teaching outside of the employer/institute.
Breaches of Article 6 “Confidentiality”
Defamation of Institute by falsehood
The Institute and the Teacher may terminate this employment with a written 60-days notice. Anything less than 60 days will be considered a breach of employment by the Institute or the Teacher unless the employment is terminated for a cause
In the event the Teacher terminates the Agreement, before the end of the contract, their airfare to Korea will be reimbursed to the school (deducted from last month pay).

Sole and Entire Agreement
This Agreement is the sole, complete and entire employment, agreement and understanding between the Institute and the Teacher concerning the Employment; the terms and conditions of the Employment; the duration of the Employment, the termination of the Employment and the compensation and benefits to be paid and provided by the Institute to the Teacher pursuant to the Employment. This Agreement supersedes any and all prior employments, agreements, correspondence, letters of intent, understandings, and/or negotiations, whether oral or written, concerning the Employment; the terms and conditions of the Employment; the duration of the Employment; the termination of the Employment and/or the compensation and benefits to be paid by the Institute to the Teacher pursuant to the Employment.

Applicable Law and Venue
This agreement and each and every provision hereof shall be interpreted pursuant to the laws of the Republic of Korea without regard to any conflicts of law principles, and the venue in which a claim, action or lawsuit may be brought shall be exclusively the Republic of Korea.
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colleen234



Joined: 28 Nov 2013

PostPosted: Sat Dec 07, 2013 9:03 am    Post subject: Re: My contract Reply with quote

TheUrbanMyth wrote:
colleen234 wrote:
[

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.



I've already written the owner regarding the saturdays. She said it would be very infrequent and maybe an hour open house type deal. I told her to include that specifically in the contract so I feel more reassured. She also said that she would provide me with air conditioner via e-mail, so I have a history of her saying she would take care of that. What is the extra work? Via phone, she said I would need about an hour to prepare and then I'd work for about 6 hours. I've contacted the recruiter to see if I can add pension to the contract and the insurance that you mentioned. Thank you for dissecting this contract, I want to see if things can be adjusted/added so that I can make it work because the person who I interviewed seemed to be on it as an owner/person who genuinely cared for the employees more than anyone I've talked to so far.



Keep in mind hakwon owners are notorious for promising one thing and then not delivering (there are some good ones out there) but they have a reputation for a reason. And the recruiter has no power to change or add anything to the contract...check with the owner on that.

Regarding your question on the extra work. I included it above. Let's break it down with my comments in bold.


Lesson planning with co-teachers. Okay...if said co-teachers are actually interested in delivering a solid lesson plan. Keep in mind that at most hakwons Korean teachers are usually paid far less than the foreign teacher or teachers. This can lead to petty resentment and backbiting. You might occasionally bring in small gifts like snacks and drinks...they're fairly cheap and can go a long way towards being accepted...it's up to you.

Student evaluations. What exactly are these? A daily, weekly, monthly occurrence? Are you provided with forms or expected to make your own?

Syllabuses. I do believe it is the responsibility of your workplace to provide these...unless that is a translation error. At least they should give guidelines for what the students are supposed to learn and when.

Telephone English. This means that after classes you are expected to phone the students at home and talk to them in English. Depending on their level of English this can either be okay or an exercise in frustration for both you and the child as he or she desperately tries to recall what to say. In other words it doesn't do much to improve English...it's a gimmick sold to the parents to reassure them they are getting their money's worth.

Report cards. Again another gimmick. These reports have exactly ZERO bearing on the child's academic future. That's determined at the public school. But parents like to see what is happening therefore report cards. No one word comments on these...you will be expected to write 1-2 sentences in simple English. Most hakwon teachers come to dread these. Again how occasional is this...monthly or every few months?

Field trips. This are very likely to take place on Saturdays. There probably won't be very many of them...but expect anywhere from 2-6 (more or less depending on your specific school).

Consultation with parents. This involves you standing in the staff room smiling and nodding and saying "Hello" to parents. Occasionally a parent with a decent level of English MAY come up to you and ask how is their child doing? Generally speaking, they do NOT want to hear a realistic assessment. Just say "fine". Above all avoid giving specifics unless they are positive..."Oh Timmy is a joy to have in class...he's very willing and able to help others."---translation "I have to tell Timmy to be quiet 10 times because he just WON'T stop talking." Yes you guessed it...this consultation is yet another gimmick.

Supervision of play. Not your job. You are a teacher.

Maintenance of the English environment during break. Means that you speak in English to the students who talk to you.


Workshops. Again what are these specifically? And again if any, expect them to also be on a Saturday.

Staff meetings. You sit around a table while everyone else talks in Korean...then they may or may not tell you what they've decided. This is of course provided you are the sole foreigner...with more foreigners at the school there is a greater chance of the meeting being held in English or translated. Generally speaking it's a waste of time...but again it's expected. Don't expect that any serious issues will be solved here so if offered the chance to air your views or concerns just offer a few platitudes.

Of course none of my comments apply should you get that rare "one in a million" school that actually puts education above profit, and listens to its teachers.



EMPLOYMENT AGREEMENT

Name of instructor:
Country of Citizenship:
Date of Birth:


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 – open-classes (an hour at a time), inviting party events (less than two hours) such as Halloween party, 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.
When over 6 students want to have art class, the art class will be made.
(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 2.3 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.
The pay day is 1st of each month.
(B) On completion of his or her responsibility of the full contract period, the severance pay is 2.3 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 end of the month 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; air conditioner; 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, electricity, 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. PENSION:
Employer shall provide employee with a national pension scheme. Employee and employer shall contribute fifty (50) percent each of premiums and fees.

11. 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

12. 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.

13. BOTH PARTIES HAVE CAREFULLY READ THIS CONTRACT:
They have agreed to its terms in good faith, and they will attempt to resolve any disputes which may arise in accordance with the terms of the contract and in a reasonable manner. 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.



Here is a more updated version. I was told via e-mail by the owner that it would be 1-2 hours on those Saturdays, and the rest of the work would be in the prep work. Does this look more solid?

-Colleen
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brahlifter



Joined: 08 Nov 2013

PostPosted: Sat Dec 07, 2013 10:38 pm    Post subject: My contract, please have a look Reply with quote

Foreign Instructor Employment Contract

Thi s document i s a cont r act ual agr eement bet ween t he Di r ect or , ___ , of___hakwon wi t h addr ess at ___Kor ea her eaft er r efer r ed

t o as " Par t y A "and t he i nst r uct or , , Passpor t number _________, her eaft er r efer r ed

t o as " Par t y B".

1 Contract period

1. The per i od of t hi s cont r act wi l l be st ar t i ng fr om __ t h . and wi l l be t er mi nat ed

on ___

2. Par t y B must i nfor m par t y A of whet her t o r enew t he cont r act or not t hr ee mont hs pr i or

t o t he end of t he cont r act , and t he cont r act may be r enewed at t hat t i me by mut ual

agr eement (r ai sed payment ).

2 Salary

1. Par t y A wi l l pay a mont hl y sal ar y of 2,200,000 won (Kor ean cur r ency) t o Par t y B.

I f t he t eacher ’ s maj or i s Engl i sh t hen he/she wi l l be pai d 100, 000 won ext r a bonus.

2. A t ax of about 3. 3% wi l l be pai d t o t he Kor ean Gover nment .

3. Over t i me r at e for each hour wi l l be 20,000 won

4. On compl et i on of 1 year cont r act , Par t y B wi l l r ecei ve t he amount of one mont h sal ar y

as a sever ance pay.

3【 Working Hours 】

1. Par t y B wi l l wor k appr oxi mat el y 30 hour s fr om Monday t o Fr i day (N. B. : cl ass

pr epar at i on t i me ar e 2 hour s ) and nor mal wor ki ng days ar e appr oxi mat el y 22-23 days

per mont h. One t eachi ng hour means one cl ass(ar ound 45mi n).

2. Cl asses and t eachi ng wi l l be schedul ed i n accor dance wi t h t he needs of Par t y A.

4 【 Accommodation 】

1. Par t y A wi l l pr ovi de an apar t ment or fl at (a per son has one r oom) and wi l l t ake

r esponsi bi l i t y for nor mal mai nt enance (pr oper t y t ax, r epai r s, et c. ). Par t y A wi l l

pr ovi de a bed, gas st ove, r efr i ger at or , t el ephone. (but t he fee for i nst al l i ng t he

phone wi l l be char ged t o Par t y B)

2. Par t y B’ s accommodat i on i s one of t he fol l owi ngs; st udi o apar t ment or shar ed 2 bedr oom

apar t ment .

3. The t enant , i ncl udi ng par t y B, wi l l be r esponsi bl e for payi ng ut i l i t i es, such as for

t he gas, el ect r i ci t y, t el ephone bi l l s, et c.

4. Upon fi r st ar r i val i n Kor ea, i t may be necessar y for t he t eacher t o st ay i n a mot el

t empor ar i l y befor e hi s/her per manent apar t ment i s avai l abl e.

5 【 Air Fare (for 1 year contract) 】

1. Par t y A agr ees t o pay Par t y B for a one-way t i cket fr om hi s/her count r y t o Sout h Kor ea.

2. At t he end of t he cont r act Par t y A agr ees t o buy a one-way t i cket for Par t y B fr om

Sout h Kor ea t o hi s/her count r y.

3. I f Par t y B has t o l eave befor e 6 mont hs, Par t y B wi l l r ei mbur se t he amount of t he Ai r -

Ti cket .

6 【 Holidays 】

1. Dur i ng t he school year , t her e ar e many nat i onal and school hol i days. Ther e ar e

al so 10 days pai d hol i days (i ncl ude 6 days- summer (3days), wi nt er (3days) school

vacat i on) i n a year

7 【 Medical Insurance 】

1. Par t y A agr ees t o pay 50% of t he medi cal i nsur ance. Par t y B’ s i nsur ance pr emi um of 50%

wi l l be deduct ed fr om hi s/her mont hl y sal ar y.

2. Dent al and pr e-exi st i ng condi t i ons(di seases) ar e not cover ed i n t hi s i nsur ance.

8 【 Party A’s Obligations 】

1. Par t y A wi l l i nt r oduce t o Par t y B, t he Par t y A’ s school pol i ci es and r egul at i ons

concer ni ng wor k condi t i ons.

2. Par t y A wi l l pr ovi de Par t y B necessar y wor ki ng and l i vi ng condi t i ons.

3. Par t y A wi l l pr ovi de al l cur r i cul a, t ext books and ot her t eachi ng mat er i al s.

4. Par t y A wi l l hel p Par t y B as best as possi bl e wi t h any pr obl ems, i ncl udi ng per sonal

di ffi cul t i es i n l i vi ng i n Kor ea.

9 【 Party B’s Obligations 】

1. Par t y B shal l obser ve Par t y A’ s school pol i ci es and r egul at i ons concer ni ng t eacher s

and shal l accept Par t y A’ s ar r angement , di r ect i on, super vi si on and eval uat i on i n

r egar d t o hi s/her wor k.

2. Par t y B i s not al l owed t o wor k for any ot her or gani zat i on i ncl udi ng pr i vat e t ut or i ng

wi t hout par t y A’ s pr i or consent .

3. Kor ean l aw st i pul at es t hat no ful l -t i me i nst r uct or may wor k at t wo or mor e i nst i t ut i ons

at t he same t i me. Fai l ur e t o obser ve t hi s r egul at i on wi l l r esul t i n i mmedi at e

di smi ssal .

4. Wi t hout Par t y A’ s consent , Par t y B shal l not r ender ser vi ce el sewher e or hol d

concur r ent l y any post unr el at ed t o t he wor k agr eed on wi t h Par t y A.

5. Par t y B i s r esponsi bl e for t he i mpl ement at i on of t he school ’ s cur r i cul um, gr adi ng and

eval uat i on, and at t endi ng occasi onal t eacher s’ meet i ngs.

6. Par t y B must behave i n a pr ofessi onal manner dur i ng cl ass or when soci al i zi ng wi t h

st udent s aft er cl ass.

7. Par t y B can be r equi r ed t o i nt er vi ew new st udent s and eval uat e t hei r pl acement l evel .

8. Par t y B shal l not be absent wi t hout Par t y A’ s per mi ssi on, wi t h a 2 days i n advance

not i ce.

9. I f Par t y B i s mor e t han 10 mi nut es l at e wi t hout not i fi cat i on, one hour r at e of payment

may be deduct ed and i f one hour mi ssed, one day deduct ed.

10. Par t y B shal l r espect t he Kor ean peopl e’ s mor al st andar ds and cust oms.

11. Par t y B shal l not sexual l y har ass t he st udent s i n hi s/her car e.

12. No for m of physi cal puni shment must be used by Par t y B.

13. Par t y B must fol l ow Par t y A’ s t eachi ng met hodol ogy.

10【 Resignation 】

1. I n case of Par t y B’ s r esi gnat i on, whi ch must be not i fi ed at l east t hr ee mont hs

i n advance, t he cont r act bet ween Par t y A and Par t y B wi l l become nul l and voi d.

Accor di ngl y Par t y B’ s sal ar y wi l l be pai d up t o t he dat e of par t y B’ s r esi gnat i on.

2. I n case of par t y B’ s r esi gnat i on wi t hout not i ce befor e t hr ee mont hs, Par t y A i s not

obl i gat ed t o pay t he sal ar y for t he mont h. And Par t y B wi l l pay ut i l i t i es for t wo

mont hs

11【 Revision, Cancellation and Termination of the Contract 】

1. Bot h par t i es shoul d abi de by t he cont r act and must r efr ai n fr om r evi si ng, cancel i ng, or

t er mi nat i ng t he cont r act wi t hout mut ual consent .

2. Thi s cont r act may be r enewed upon agr eement bet ween Par t y A and Par t y B t hr ee mont hs

pr i or t o i t s expi r at i on; ot her wi se, Par t y B wi l l j ust fi ni sh out t he compl et i on of t he

or i gi nal cont r act . The under si gned agr ees t o t he t er ms st at ed above i n t hi s cont r act

and for fut ur e r efer ence, each par t y i s t o keep a copy of t hi s cont r act .

Dat e ______________________

Addr ess ___

Company ___

Par t y A

Repr esent at i on ___ (Si gn)

a cont act addr ess___

Addr ess

Company

Par t y B

For ei gn I nst r uct or (Si gn)

a cont act addr ess
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RangerMcGreggor



Joined: 12 Jan 2011
Location: Somewhere in Korea

PostPosted: Sun Dec 08, 2013 7:37 pm    Post subject: Re: My contract, please have a look Reply with quote

brahlifter wrote:
Foreign Instructor Employment Contract

Thi s document i s a cont r act ual agr eement bet ween t he Di r ect or , ___ , of___hakwon wi t h addr ess at ___Kor ea her eaft er r efer r ed

t o as " Par t y A "and t he i nst r uct or , , Passpor t number _________, her eaft er r efer r ed

t o as " Par t y B".

1 Contract period

1. The per i od of t hi s cont r act wi l l be st ar t i ng fr om __ t h . and wi l l be t er mi nat ed

on ___

2. Par t y B must i nfor m par t y A of whet her t o r enew t he cont r act or not t hr ee mont hs pr i or

t o t he end of t he cont r act , and t he cont r act may be r enewed at t hat t i me by mut ual

agr eement (r ai sed payment ).

2 Salary

1. Par t y A wi l l pay a mont hl y sal ar y of 2,200,000 won (Kor ean cur r ency) t o Par t y B.

I f t he t eacher ’ s maj or i s Engl i sh t hen he/she wi l l be pai d 100, 000 won ext r a bonus.

2. A t ax of about 3. 3% wi l l be pai d t o t he Kor ean Gover nment .

3. Over t i me r at e for each hour wi l l be 20,000 won

4. On compl et i on of 1 year cont r act , Par t y B wi l l r ecei ve t he amount of one mont h sal ar y

as a sever ance pay.

3【 Working Hours 】

1. Par t y B wi l l wor k appr oxi mat el y 30 hour s fr om Monday t o Fr i day (N. B. : cl ass

pr epar at i on t i me ar e 2 hour s ) and nor mal wor ki ng days ar e appr oxi mat el y 22-23 days

per mont h. One t eachi ng hour means one cl ass(ar ound 45mi n).

2. Cl asses and t eachi ng wi l l be schedul ed i n accor dance wi t h t he needs of Par t y A.

4 【 Accommodation 】

1. Par t y A wi l l pr ovi de an apar t ment or fl at (a per son has one r oom) and wi l l t ake

r esponsi bi l i t y for nor mal mai nt enance (pr oper t y t ax, r epai r s, et c. ). Par t y A wi l l

pr ovi de a bed, gas st ove, r efr i ger at or , t el ephone. (but t he fee for i nst al l i ng t he

phone wi l l be char ged t o Par t y B)

2. Par t y B’ s accommodat i on i s one of t he fol l owi ngs; st udi o apar t ment or shar ed 2 bedr oom

apar t ment .

3. The t enant , i ncl udi ng par t y B, wi l l be r esponsi bl e for payi ng ut i l i t i es, such as for

t he gas, el ect r i ci t y, t el ephone bi l l s, et c.

4. Upon fi r st ar r i val i n Kor ea, i t may be necessar y for t he t eacher t o st ay i n a mot el

t empor ar i l y befor e hi s/her per manent apar t ment i s avai l abl e.

5 【 Air Fare (for 1 year contract) 】

1. Par t y A agr ees t o pay Par t y B for a one-way t i cket fr om hi s/her count r y t o Sout h Kor ea.

2. At t he end of t he cont r act Par t y A agr ees t o buy a one-way t i cket for Par t y B fr om

Sout h Kor ea t o hi s/her count r y.

3. I f Par t y B has t o l eave befor e 6 mont hs, Par t y B wi l l r ei mbur se t he amount of t he Ai r -

Ti cket .

6 【 Holidays 】

1. Dur i ng t he school year , t her e ar e many nat i onal and school hol i days. Ther e ar e

al so 10 days pai d hol i days (i ncl ude 6 days- summer (3days), wi nt er (3days) school

vacat i on) i n a year

7 【 Medical Insurance 】

1. Par t y A agr ees t o pay 50% of t he medi cal i nsur ance. Par t y B’ s i nsur ance pr emi um of 50%

wi l l be deduct ed fr om hi s/her mont hl y sal ar y.

2. Dent al and pr e-exi st i ng condi t i ons(di seases) ar e not cover ed i n t hi s i nsur ance.

8 【 Party A’s Obligations 】

1. Par t y A wi l l i nt r oduce t o Par t y B, t he Par t y A’ s school pol i ci es and r egul at i ons

concer ni ng wor k condi t i ons.

2. Par t y A wi l l pr ovi de Par t y B necessar y wor ki ng and l i vi ng condi t i ons.

3. Par t y A wi l l pr ovi de al l cur r i cul a, t ext books and ot her t eachi ng mat er i al s.

4. Par t y A wi l l hel p Par t y B as best as possi bl e wi t h any pr obl ems, i ncl udi ng per sonal

di ffi cul t i es i n l i vi ng i n Kor ea.

9 【 Party B’s Obligations 】

1. Par t y B shal l obser ve Par t y A’ s school pol i ci es and r egul at i ons concer ni ng t eacher s

and shal l accept Par t y A’ s ar r angement , di r ect i on, super vi si on and eval uat i on i n

r egar d t o hi s/her wor k.

2. Par t y B i s not al l owed t o wor k for any ot her or gani zat i on i ncl udi ng pr i vat e t ut or i ng

wi t hout par t y A’ s pr i or consent .

3. Kor ean l aw st i pul at es t hat no ful l -t i me i nst r uct or may wor k at t wo or mor e i nst i t ut i ons

at t he same t i me. Fai l ur e t o obser ve t hi s r egul at i on wi l l r esul t i n i mmedi at e

di smi ssal .

4. Wi t hout Par t y A’ s consent , Par t y B shal l not r ender ser vi ce el sewher e or hol d

concur r ent l y any post unr el at ed t o t he wor k agr eed on wi t h Par t y A.

5. Par t y B i s r esponsi bl e for t he i mpl ement at i on of t he school ’ s cur r i cul um, gr adi ng and

eval uat i on, and at t endi ng occasi onal t eacher s’ meet i ngs.

6. Par t y B must behave i n a pr ofessi onal manner dur i ng cl ass or when soci al i zi ng wi t h

st udent s aft er cl ass.

7. Par t y B can be r equi r ed t o i nt er vi ew new st udent s and eval uat e t hei r pl acement l evel .

8. Par t y B shal l not be absent wi t hout Par t y A’ s per mi ssi on, wi t h a 2 days i n advance

not i ce.

9. I f Par t y B i s mor e t han 10 mi nut es l at e wi t hout not i fi cat i on, one hour r at e of payment

may be deduct ed and i f one hour mi ssed, one day deduct ed.

10. Par t y B shal l r espect t he Kor ean peopl e’ s mor al st andar ds and cust oms.

11. Par t y B shal l not sexual l y har ass t he st udent s i n hi s/her car e.

12. No for m of physi cal puni shment must be used by Par t y B.

13. Par t y B must fol l ow Par t y A’ s t eachi ng met hodol ogy.

10【 Resignation 】

1. I n case of Par t y B’ s r esi gnat i on, whi ch must be not i fi ed at l east t hr ee mont hs

i n advance, t he cont r act bet ween Par t y A and Par t y B wi l l become nul l and voi d.

Accor di ngl y Par t y B’ s sal ar y wi l l be pai d up t o t he dat e of par t y B’ s r esi gnat i on.

2. I n case of par t y B’ s r esi gnat i on wi t hout not i ce befor e t hr ee mont hs, Par t y A i s not

obl i gat ed t o pay t he sal ar y for t he mont h. And Par t y B wi l l pay ut i l i t i es for t wo

mont hs

11【 Revision, Cancellation and Termination of the Contract 】

1. Bot h par t i es shoul d abi de by t he cont r act and must r efr ai n fr om r evi si ng, cancel i ng, or

t er mi nat i ng t he cont r act wi t hout mut ual consent .

2. Thi s cont r act may be r enewed upon agr eement bet ween Par t y A and Par t y B t hr ee mont hs

pr i or t o i t s expi r at i on; ot her wi se, Par t y B wi l l j ust fi ni sh out t he compl et i on of t he

or i gi nal cont r act . The under si gned agr ees t o t he t er ms st at ed above i n t hi s cont r act

and for fut ur e r efer ence, each par t y i s t o keep a copy of t hi s cont r act .

Dat e ______________________

Addr ess ___

Company ___

Par t y A

Repr esent at i on ___ (Si gn)

a cont act addr ess___

Addr ess

Company

Par t y B

For ei gn I nst r uct or (Si gn)

a cont act addr ess


No pension and the whole "Three months notice or lose a month salary" is illegal as *beep*. Also, I am not clear on what you're vacation exactly is, but it sounds like you'll only have a few consecutive days, which makes them pointless
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I-am-me



Joined: 21 Feb 2006
Location: Hermit Kingdom

PostPosted: Sun Dec 08, 2013 8:13 pm    Post subject: Reply with quote

Am I missing something? Labor Law stipulates employees will be given 15 vacation days. Why are contracts still showing only 10? [/quote](1) An employer shall grant 15 days’ paid leave to worker who has registered more than 80 percent of attendance during one year. <Amended by Act No. 6974, Sep. 15, 2003>[quote]
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Porksta



Joined: 05 May 2011

PostPosted: Tue Dec 10, 2013 11:35 pm    Post subject: Reply with quote

I-am-me wrote:
Am I missing something? Labor Law stipulates employees will be given 15 vacation days. Why are contracts still showing only 10?
(1) An employer shall grant 15 days’ paid leave to worker who has registered more than 80 percent of attendance during one year. <Amended by Act No. 6974, Sep. 15, 2003>
Quote:


Only if they re-sign. They can't give extra vacation days based on projected attendance.
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brahlifter



Joined: 08 Nov 2013

PostPosted: Thu Dec 12, 2013 3:31 am    Post subject: awesome Reply with quote

Thanks guys.
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SharpenKorea



Joined: 15 Jul 2013
Location: Atlanta, GA

PostPosted: Tue Dec 17, 2013 8:10 am    Post subject: Contract for Review Reply with quote

Hopefully I did this right this time. Anyway, I've had a lot of interviews, and so far this one has felt pretty good. I even got a teacher's email and she had nothing but great things to say about the school. I also got pictures of the apartment- which- it is in Gangnam, so of course it's a shoe box. However, it looks nice.

In the contract it says they won't pay for return airfare- when I talked to the recruiter about this she said the Hagwon assoc. (KAFLA? something like that) agreed that Seoul won't be paying for return flights anymore.. I'm just so conflicted. What do you all think?

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

This Agreement is made between ___________________, herein referred toas "Employee," and _____________ , herein referred to as "Employer,” whose principle place of business is located at Daechi-Dong, Gangnam-Gu, Seoul, South Korea.


Position: English Conversation Teacher (or Instructor)
Period of Employment: One year
(Upon mutual agreement may be extended to 2 years)
From: _February 28_, 2014 to February 28_, 2015

I. In consideration of the mutual promises and agreement herein contained, ___________
(hereafter referred to as the “Employer”) employs ________________ (hereafter referred to as the “Employee”). The Employee agrees to work for the Employer under the following terms hereby agreed to by both parties.

II. The services to be performed, by the Employee will be that of a curriculum developer and trainer and occasionally the _______branch schools’ supporter.

III. The Employee will commence his/her employment on February 28, 2014. The employment will continue to February 28, 2015 unless terminated sooner as provided herein, and for such further period as provided for herein, subject to the following conditions.

A. If as a result of wilful and wanton negligence, gross negligence or intoxication, the Employee damages facilities, materials or other property belonging to the Employer; or causes damage to the institute and/or the image of the Employer, the Employee will assume pecuniary liability in accordance with Korean Law. Furthermore, if the Employee violates any of the covenants of this agreement, the Employer has the right to terminate this agreement at the time of the violation without further compensation or responsibility to the Employee.

B. If the Employee seeks release from this contract, he/she must do so in writing at least ninety (90) days prior to the date of termination. Extenuating circumstances, which might require termination of employment without prior notice, will be handled on a case-by-case basis.

C. In the event of the death or total incapacity for business of either party hereto, or upon the Employer ceasing to carry on said business, or becoming bankrupt, this contract will terminate. In case of the sickness of the Employee or other reasons causing him/her from attending to his/her duties for 10 consecutive workdays (without valid proof), the Employer may terminate this agreement.

D. The Employer may terminate this agreement at any time because of the Employer's dissatisfaction over, violation of instructions or rules of the Institute, or failure of Employee to comply with any one of the conditions contained herein.

IV. The Employer agrees:

A. Compensation will be paid in the amount of _____2.1__________won monthly by the Employer. It will be due and payable on the 10thfor the previous calendar month. Any errors in compensation must be reported by written notice within one week of receipt of compensation. The employee will be subject to Korean Income Tax.

B. The teaching hours will be maximum 30 hours per week. Classes will be scheduled within the following working hours.

l Working hours: Mon. through Fri. between 9:30am to 6:30 pm.

C. The duration of a class is 40 minutes with kindergarten and 50 minutes with elementary. There is a 10-minute break between each class. Lunch break runs from 11:50pm to 12:50pm. Teachers are not paid for this time.

D. The employee will pay his or her Income Tax, and half of their medical insurance and pension.

E. Overtime rate is 18,000won an hour however, will be subject to Korean taxes. Overtime only applies to teaching more than 30 hours per week.

F. The Employer doesn’t provide the Employee with return air transportation.

G. Upon the successful completion of a one-year contract, the Employee will receive severance pay. Severance pay will be equal to an average of the last three months’ salary. (However, Korean taxes will be deducted)

H. After 30 to 45 days in Korea, the Employer agrees to provide the Employee with medical insurance. This delay is caused by the processing time involved in obtaining Korean medical insurance. The Employee will be responsible for the cost of his or her own medical treatment until insurance is issued. The employer is required to subscribe to the Medical Insurance/Pension plan. Medical Insurance/

Pension is split 50/50 by the employee and employer. Dental and eye care coverage is not included. Furthermore, life insurance coverage is not included.

Taxes will be deducted from the employee’s income in accordance to Korea law.

Monthly pay is taxed, and the taxes will be deducted as income tax and residence tax on a Monthly basis.

I. The Employer agrees to provide three sick-leave days to Employees each year.

On the first three days on which an Employee misses work he or she will be paid in full for that day, with the following conditions. The Employee must notify his or her supervisor either the night before the absence, or as early as possible on day of the following month, the morning of the absence. The Employee must also present a doctor's note to his or her supervisor on the day on which he or she returns to work. Unused sick days may not be used as vacation days. Should the Employee be absent for ten consecutive days without a valid reason, his or her contract may be terminated.

J. Employees, on occasion, request an emergency leave in order to attend to urgent matters in their home country. Since there are no substitute teachers available, the extended absence of Employees creates a serious problem for this institute.
Additionally, when requests for leaves coincide with holidays observed by the Employer, such as Christmas, the potential for abuse, in order to extend existing vacation days, compounds the seriousness of the situation. Therefore, any Employee requesting a leave of absence during his or her contract will be subject to a 30 percent deduction from his/her severance pay. Should a leave request coincide with a holiday on which INSERT SCHOOL NAME HERE does not hold classes, the percentage of this deduction will be raised to 50 percent.

K. The Employer will provide housing for all Employees. (See attached housing contract) If, at the time the Employee is hired by the Employer, all company apartments are occupied the Employee may either ask the Employer to provide an apartment or the Employee may arrange his or her own housing. Employees who choose to provide their own accommodations will be given a 400,000 won monthly housing allowance. If, at the time the Employee is hired by the Employer, company housing is available, the Employee is required to live in the company’s apartment. Employees living in housing provided by the Employer will be required to leave a 400,000 won deposit with the Employer to cover any damage to the apartment or unpaid bills left by the Employee when the apartment is vacated.

L. If Employees wish to take advantage of the housing provided by the Employer, thehousing contract must be signed before arrival in Korea. Employees who initially choose to provide their own housing and later elect to take advantage of company housing will be accommodated only as housing becomes available.

M. Whenever possible, Employees be provided with an orientation period. This is generally the Employee’s first working day, on which the Employee meets with experienced Employees, observes classes and becomes familiar with School teaching techniques and activities.

N. Vacation:

l Summer Vacation : Last week of July (including weekend)

l Winter Vacation : Last week of December (including weekend)

l Make up class : Summer – 1or 2 Saturday / Winter – 1or 2 Saturday (class time will be half of a day – morning or afternoon)

V. The Employee agrees:

A. To teach any group assigned by the Employer and to participate in special activities (such as summer & winter camps or field trips and/or an overnight party) as required by the Employer.

B. To prepare for his/her classes on his/her own time. Class preparation should include researching, producing teaching materials, on time submission of lesson plans, tracking reports, progress reports and making a newspaper (once a year).

Failure to submit these items on 3 occasions will be subject to a 30 percent deduction from the Employee's severance pay. Three late submissions of any of these items will count as 1 non-submission.

C. To, at all times, follow the rules and regulations set by the Employer and the Institute director. To follow class schedules and activity schedules, to not dismiss classes, cancel classes or begin classes late without the express consent of senior management. To submit all progress reports, tracking reports, lesson plans, or other requested work on time. Employees, who routinely fail to observe the rules of the institute, will be verbally notified by the supervisor, continued non-compliance will result in a warning letter. Three warning letters in the period of one year will result in suspension without pay, a reduction of teaching hours or termination.

D. To have the accompanying statement of general physical health completed by a physician certifying that the Employee is free of contagious diseases and may safely participate in activities such as leading outdoor games and exercises.

E. To use the teaching materials supplied and recommended by the Employer. The Employee is encouraged to supplement these materials with other materials, but must obtain prior approval from the Employer. All books, tools, craft supplies or other materials issued by the Employer remain the property of the Employer and any must be returned to Main School when no longer required to conduct class.

F. To perform his/her duties in a professional manner and refrain from conduct which could damage the reputation of the Institute, including, but not limited to: conducting class while smoking or under the influence of alcohol or illegal drugs: making sexual advances towards or entering into sexual relationship with students or employees of the Institute; conducting any business or accepting any funds without the express written consent of the Institute; and borrowing or lending of funds or selling items to students.

G. To reimburse the full cost of plane ticket to the Employer, if the Employee terminates his/her contract within 6 months of commencing date of his/her contract.

H. To reimburse half of the cost of plane ticket to the Employer, if the Employee terminates his/her contract after 6 months but within 12 months of commencing date of his/her contract.

I. Private teaching outside of KID’S COLLEGE Dae-Chi Main School is prohibited without the written approval from the Employer. If the Employee desires additional employment, such interest must be expressed in writing to Employer. Upon receipt of such request, the Employer may, at its sole discretion, allow additional employment. Any and all exceptions to this provision must be made by written consent of the Employer.

J. Extremely short or revealing attire is prohibited. Employees are required to dress formally for special events such as Graduation or Entrance Ceremonies. Male

Employees will wear a dress shirt, tie and slacks. Female Employees will wear a dress, a skirt or slacks and an appropriate top.

K. If the Employee wishes to drive in Korea, an international driver's license is required. The Employee will take full responsibility for any cost of acquiring a vehicle, the maintenance of such vehicle, any insurance/fees of such vehicle, and will hold the Employer free from any harm and/or responsibility of and from such vehicle.

L. The Employee accepts liability for any damages that arise from the conduct of Employee.

M. The Employee will not at any time or in any manner, either directly of indirectly, divulge or disclose to any person, firm or corporation in any manner whatsoever any information concerning any matters affecting or relating to the business of the Employer, including without limiting the generality of the foregoing, any of its customers, the prices it obtains or has obtained from the sale of, or at which it sells or has sold, its products or services, or any other information concerning the business of the Employer, its manner of operation, its plans, processes, or other data without regard to whether all of the foregoing matters will be deemed confidential, material, or important, the parties hereto stipulating that as between them, the same are important, material, and confidential and gravely affect the effective and successful conduct of the business of the Employer, and the

Employer's good will and that any breach of the terms of this paragraph will be a material breach of this Agreement.

VI. It is further agreed between the parties that:

A. The services to be rendered by the Institute are of a unique and original character entitling the Institute to acknowledgement of this contract by injunction or other relief in a court of equity.

B. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained will be valid unless in writing and duly executed by the party to be charged therewith and no evidence of any proceeding, arbitration, or litigation between the parties hereto arising out of or affecting this

Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed as aforesaid, and the parties further agree that the provisions of this Section may not be waived except as herein set forth.

C. Both parties have read the above conditions and agree to the terms contained herein in good faith.

Signatures blah blah blah
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TheUrbanMyth



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

PostPosted: Tue Dec 17, 2013 4:49 pm    Post subject: Re: Contract for Review Reply with quote

SharpenKorea wrote:
Hopefully I did this right this time. Anyway, I've had a lot of interviews, and so far this one has felt pretty good. I even got a teacher's email and she had nothing but great things to say about the school. I also got pictures of the apartment- which- it is in Gangnam, so of course it's a shoe box. However, it looks nice.

In the contract it says they won't pay for return airfare- when I talked to the recruiter about this she said the Hagwon assoc. (KAFLA? something like that) agreed that Seoul won't be paying for return flights anymore.. I'm just so conflicted. What do you all think?

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

This Agreement is made between ___________________, herein referred toas "Employee," and _____________ , herein referred to as "Employer,” whose principle place of business is located at Daechi-Dong, Gangnam-Gu, Seoul, South Korea.


Position: English Conversation Teacher (or Instructor)
Period of Employment: One year
(Upon mutual agreement may be extended to 2 years)
From: _February 28_, 2014 to February 28_, 2015

I. In consideration of the mutual promises and agreement herein contained, ___________
(hereafter referred to as the “Employer”) employs ________________ (hereafter referred to as the “Employee”). The Employee agrees to work for the Employer under the following terms hereby agreed to by both parties.

II. The services to be performed, by the Employee will be that of a curriculum developer and trainer and occasionally the _______branch schools’ supporter.

III. The Employee will commence his/her employment on February 28, 2014. The employment will continue to February 28, 2015 unless terminated sooner as provided herein, and for such further period as provided for herein, subject to the following conditions.

A. If as a result of wilful and wanton negligence, gross negligence or intoxication, the Employee damages facilities, materials or other property belonging to the Employer; or causes damage to the institute and/or the image of the Employer, the Employee will assume pecuniary liability in accordance with Korean Law. Furthermore, if the Employee violates any of the covenants of this agreement, the Employer has the right to terminate this agreement at the time of the violation without further compensation or responsibility to the Employee.

B. If the Employee seeks release from this contract, he/she must do so in writing at least ninety (90) days prior to the date of termination. Extenuating circumstances, which might require termination of employment without prior notice, will be handled on a case-by-case basis.

C. In the event of the death or total incapacity for business of either party hereto, or upon the Employer ceasing to carry on said business, or becoming bankrupt, this contract will terminate. In case of the sickness of the Employee or other reasons causing him/her from attending to his/her duties for 10 consecutive workdays (without valid proof), the Employer may terminate this agreement.

D. The Employer may terminate this agreement at any time because of the Employer's dissatisfaction over, violation of instructions or rules of the Institute, or failure of Employee to comply with any one of the conditions contained herein.

So you have to give 90 days but they can terminate you at "any time"? Hugely unbalanced.

IV. The Employer agrees:

A. Compensation will be paid in the amount of _____2.1__________won monthly by the Employer. It will be due and payable on the 10thfor the previous calendar month. Any errors in compensation must be reported by written notice within one week of receipt of compensation. The employee will be subject to Korean Income Tax.

B. The teaching hours will be maximum 30 hours per week. Classes will be scheduled within the following working hours.

l Working hours: Mon. through Fri. between 9:30am to 6:30 pm.

Pretty long working hours (9 hour shift.)

C. The duration of a class is 40 minutes with kindergarten and 50 minutes with elementary. There is a 10-minute break between each class. Lunch break runs from 11:50pm to 12:50pm. Teachers are not paid for this time.

D. The employee will pay his or her Income Tax, and half of their medical insurance and pension.

E. Overtime rate is 18,000won an hour however, will be subject to Korean taxes. Overtime only applies to teaching more than 30 hours per week.

If you do the math you will see that OT pay is only about 500 won per hour more than your regular pay. And keep in mind that classes are not the same as hours ...so you could easily teach more than 30 classes a week and still not get OT.




F. The Employer doesn’t provide the Employee with return air transportation.

This would be a deal breaker for me. And the recruiter is feeding you a line of B.S.

G. Upon the successful completion of a one-year contract, the Employee will receive severance pay. Severance pay will be equal to an average of the last three months’ salary. (However, Korean taxes will be deducted)

H. After 30 to 45 days in Korea, the Employer agrees to provide the Employee with medical insurance. This delay is caused by the processing time involved in obtaining Korean medical insurance. The Employee will be responsible for the cost of his or her own medical treatment until insurance is issued. The employer is required to subscribe to the Medical Insurance/Pension plan. Medical Insurance/

Pension is split 50/50 by the employee and employer. Dental and eye care coverage is not included. Furthermore, life insurance coverage is not included.

Taxes will be deducted from the employee’s income in accordance to Korea law.

Monthly pay is taxed, and the taxes will be deducted as income tax and residence tax on a Monthly basis.

I. The Employer agrees to provide three sick-leave days to Employees each year.

On the first three days on which an Employee misses work he or she will be paid in full for that day, with the following conditions. The Employee must notify his or her supervisor either the night before the absence, or as early as possible on day of the following month, the morning of the absence. The Employee must also present a doctor's note to his or her supervisor on the day on which he or she returns to work. Unused sick days may not be used as vacation days. Should the Employee be absent for ten consecutive days without a valid reason, his or her contract may be terminated.

J. Employees, on occasion, request an emergency leave in order to attend to urgent matters in their home country. Since there are no substitute teachers available, the extended absence of Employees creates a serious problem for this institute.
Additionally, when requests for leaves coincide with holidays observed by the Employer, such as Christmas, the potential for abuse, in order to extend existing vacation days, compounds the seriousness of the situation. Therefore, any Employee requesting a leave of absence during his or her contract will be subject to a 30 percent deduction from his/her severance pay. Should a leave request coincide with a holiday on which INSERT SCHOOL NAME HERE does not hold classes, the percentage of this deduction will be raised to 50 percent.

Illegal deduction.

K. The Employer will provide housing for all Employees. (See attached housing contract) If, at the time the Employee is hired by the Employer, all company apartments are occupied the Employee may either ask the Employer to provide an apartment or the Employee may arrange his or her own housing. Employees who choose to provide their own accommodations will be given a 400,000 won monthly housing allowance. If, at the time the Employee is hired by the Employer, company housing is available, the Employee is required to live in the company’s apartment. Employees living in housing provided by the Employer will be required to leave a 400,000 won deposit with the Employer to cover any damage to the apartment or unpaid bills left by the Employee when the apartment is vacated.

L. If Employees wish to take advantage of the housing provided by the Employer, thehousing contract must be signed before arrival in Korea. Employees who initially choose to provide their own housing and later elect to take advantage of company housing will be accommodated only as housing becomes available.

M. Whenever possible, Employees be provided with an orientation period. This is generally the Employee’s first working day, on which the Employee meets with experienced Employees, observes classes and becomes familiar with School teaching techniques and activities.

N. Vacation:

l Summer Vacation : Last week of July (including weekend)

l Winter Vacation : Last week of December (including weekend)

l Make up class : Summer – 1or 2 Saturday / Winter – 1or 2 Saturday (class time will be half of a day – morning or afternoon)

V. The Employee agrees:

A. To teach any group assigned by the Employer and to participate in special activities (such as summer & winter camps or field trips and/or an overnight party) as required by the Employer.

B. To prepare for his/her classes on his/her own time. Class preparation should include researching, producing teaching materials, on time submission of lesson plans, tracking reports, progress reports and making a newspaper (once a year).


Tracking reports? Progress reports? Making a newspaper? AKA known as pointless busy work.

Failure to submit these items on 3 occasions will be subject to a 30 percent deduction from the Employee's severance pay. Three late submissions of any of these items will count as 1 non-submission.

C. To, at all times, follow the rules and regulations set by the Employer and the Institute director. To follow class schedules and activity schedules, to not dismiss classes, cancel classes or begin classes late without the express consent of senior management. To submit all progress reports, tracking reports, lesson plans, or other requested work on time. Employees, who routinely fail to observe the rules of the institute, will be verbally notified by the supervisor, continued non-compliance will result in a warning letter. Three warning letters in the period of one year will result in suspension without pay, a reduction of teaching hours or termination.

D. To have the accompanying statement of general physical health completed by a physician certifying that the Employee is free of contagious diseases and may safely participate in activities such as leading outdoor games and exercises.

E. To use the teaching materials supplied and recommended by the Employer. The Employee is encouraged to supplement these materials with other materials, but must obtain prior approval from the Employer. All books, tools, craft supplies or other materials issued by the Employer remain the property of the Employer and any must be returned to Main School when no longer required to conduct class.

F. To perform his/her duties in a professional manner and refrain from conduct which could damage the reputation of the Institute, including, but not limited to: conducting class while smoking or under the influence of alcohol or illegal drugs: making sexual advances towards or entering into sexual relationship with students or employees of the Institute; conducting any business or accepting any funds without the express written consent of the Institute; and borrowing or lending of funds or selling items to students.

G. To reimburse the full cost of plane ticket to the Employer, if the Employee terminates his/her contract within 6 months of commencing date of his/her contract.

H. To reimburse half of the cost of plane ticket to the Employer, if the Employee terminates his/her contract after 6 months but within 12 months of commencing date of his/her contract.

Since they aren't paying your return ticket they should eat the cost of the initial ticket after six months.

I. Private teaching outside of KID’S COLLEGE Dae-Chi Main School is prohibited without the written approval from the Employer. If the Employee desires additional employment, such interest must be expressed in writing to Employer. Upon receipt of such request, the Employer may, at its sole discretion, allow additional employment. Any and all exceptions to this provision must be made by written consent of the Employer.

J. Extremely short or revealing attire is prohibited. Employees are required to dress formally for special events such as Graduation or Entrance Ceremonies. Male

Employees will wear a dress shirt, tie and slacks. Female Employees will wear a dress, a skirt or slacks and an appropriate top.

K. If the Employee wishes to drive in Korea, an international driver's license is required. The Employee will take full responsibility for any cost of acquiring a vehicle, the maintenance of such vehicle, any insurance/fees of such vehicle, and will hold the Employer free from any harm and/or responsibility of and from such vehicle.

L. The Employee accepts liability for any damages that arise from the conduct of Employee.

M. The Employee will not at any time or in any manner, either directly of indirectly, divulge or disclose to any person, firm or corporation in any manner whatsoever any information concerning any matters affecting or relating to the business of the Employer, including without limiting the generality of the foregoing, any of its customers, the prices it obtains or has obtained from the sale of, or at which it sells or has sold, its products or services, or any other information concerning the business of the Employer, its manner of operation, its plans, processes, or other data without regard to whether all of the foregoing matters will be deemed confidential, material, or important, the parties hereto stipulating that as between them, the same are important, material, and confidential and gravely affect the effective and successful conduct of the business of the Employer, and the

Employer's good will and that any breach of the terms of this paragraph will be a material breach of this Agreement.

VI. It is further agreed between the parties that:

A. The services to be rendered by the Institute are of a unique and original character entitling the Institute to acknowledgement of this contract by injunction or other relief in a court of equity.

B. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained will be valid unless in writing and duly executed by the party to be charged therewith and no evidence of any proceeding, arbitration, or litigation between the parties hereto arising out of or affecting this

Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed as aforesaid, and the parties further agree that the provisions of this Section may not be waived except as herein set forth.

C. Both parties have read the above conditions and agree to the terms contained herein in good faith.

Signatures blah blah blah


I wouldn't work here.

Kid's College has a bad reputation overall. This is not to say that there aren't good Kid's Colleges out there...but the no airfare, low pay and all the extra work piled on top of that would make me very wary. Not to mention the illegal deductions and the lying recruiter.
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perich



Joined: 25 Sep 2013
Location: California

PostPosted: Mon Dec 23, 2013 8:49 pm    Post subject: Reply with quote

Employer and employee agree as follows:

1. Employment
Employee accepts employment from employer to teach the English language under the terms and conditions set forth here in this agreement for a period of twelve full and consecutive teaching sessions. Employment commences from the first day of orientation (March session 2014) and finishes on the last teaching day of the last teaching session(February session 2015) covered under this agreement.

2. Duties
2.1 During the term of this agreement, the employee is required to prepare for, teach, and carry out all required administrative duties connected with classes assigned by the employer. The minimum teaching requirement is 110hours(165-forty minute classes) actual teaching hours per session. Monday through Friday are teaching days except for scheduled public holidays and vacation days.
2.2 Total teaching hours in excess of the minimum requirement is calculated each session as overtime payment.
2.3 Payment made for assigned teaching hours is inclusive of payment for preparation and administrative duties connected with those assigned classes. Employee agrees to take orientation and training, attend meetings and workshops scheduled by employer with no extra pay.
2.4 At all times during the term of this agreement, employee will directly adhere to and obey all the rules and regulations that have been, or may hereafter be established, by employer for the conduct of employee or generally for the conduct of instructors at the place of employment.

3. Compensation and Other Treatment of Employee
3.1 Salary : The monthly salary will be 2.1 Million Won with 2 payments made on the last day of the last teaching session as part of the severance pay. No part of the thirteenth payment will be paid unless the employee completes the full (12 session) one-year contract. Overtime payment is made at the rate of 22, 500 Won / actual teaching hour. Teaching salary will commence from the first day of teaching, when an employee is absent from scheduled teaching duties salary will be deducted accordingly. Korean income taxes and Korean National Pension Scheme deductions will be withheld.

Salary payments will be made on or before the eighth day of the month following
the teaching session during which the employment services were provided.
3.2 Orientation and Training : Shortly after arrival in Korea, employee may be required to undertake orientation and training before commencing teaching. The period of training and orientation will usually be two to four days. Employee will receive payment of 30.000 won per each day of training and orientation.
3.3 Transportation : Employer will provide for employee an economy class ticket for passage to Korea from an international airport mutually agreed to by employer and employee (henceforth referred to as point of departure). Air tickets provided cannot be exchanged for cash equivalents or transferred to persons other than the employee. Employer does not agree to, and is not liable for, compensation to employee, whether in cash or otherwise, for air tickets not used by employees.
3.4 Relocation Allowance : Employer will pay employee, upon arrival in Korea, 200,000 Won to help defray the costs of relocating. Any contracts less than 1 year will be prorated.
3.5 Visa application fee subsidy : Employer agrees to pay employee, upon arrival in Korea, 50,000 won to help defray the visa application fees. Any contracts less than one year wilt be prorated.
3.6 Sick Days/Attendance Bonus : Employee is entitled to 3 paid sick days. Should employee not use these sick days, employer will pay an attendance bonus of 250,000 Won upon the completion of one-year contract. Unused sick days will be credited at 50,000 won per day unused. Any contracts less than 1 year will receive one sick day and a bonus of 125,000 won for no absences.
3.7 Holidays and Vacation : Employee will be entitled to observe public holidays and receive vacation days during the contract term according to a yearly schedule provided by employer before the commencement of the year to which the schedule refers. There are ten (10) vacation days in each calendar year (January - December).
3.8 Medical Insurance : Employee will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The cost of this coverage will be borne half by employer and half by employee. Employee's share of this coverage will be deducted from employee's salary, monthly.
3.9 Accident Compensation : In the event that employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties; employee understands and agrees that employer will have no responsibility for, nor obligation to pay, medical and hospital costs which are in excess of those covered by medical insurance.

4. Housing
4.1 Employer will select and provide semi-furnished private bedroom for employee. Employee will have a kitchen and bathroom. Furnishings provided by employer for common use by employee single accommodation include: A kitchen table and chairs, two-burner gas hotplate, a refrigerator, a telephone, a television, and a washing machine. Furnishings provided to each employee include: A bed, a wardrobe, and a fan. Employee will have to supply his or her own pillow, pillowcase and Bed sheets
4.2 Employee(s) is responsible for all maintenance, utility and telephone charges for accommodation provided by employer. In the case that, and for as long as, employee is a sole occupant of accommodation provided by employer and designated as a single occupancy accommodation.


4.3 Employee agrees to a deduction of 200,000 Won per month from the first three months of employment totaling 600,000 Won as housing management deposit. This deposit is to cover any unpaid monthly service, utility, and telephone charges at the completion of this contract and/or resignation or dismissal of the employee before the termination of this contract Employer agrees that payment of remaining amounts of the deposit will be made to employee within ten days after all outstanding monthly service, utility, and telephone charges have been paid.

5. Dismissal or Voluntary Resignation
5.1 Employer wilt have the right to dismiss employee for unwillingness or inability to meet conditions of employment as set out under this agreement, for conduct seriously jeopardizing any student or staff person, or for criminal activity.
5.2 In the event that the employee is dismissed, or in the event that the employee voluntarily resigns prior to the termination of the term of this agreement, employer will pay salary due to date of termination. Employer will not pay the cost of return transportation to point of departure for employee. Further, employer will be entitled to withhold an amount less than or equivalent to, but not exceeding, the cost of airfare provided for travel to Korea and other benefits provided to employee.

6. Covenants
6.1 Employee hereby agrees, covenants, and undertakes that he/she will not undertake any teaching duties or employment with any persons or organizations other than the employer. To undertake such employment is a breach of Korean Immigration law and can have serious consequences.
6.2 The employee understands and accepts that the rights to use, sale, distribution, or publication of all original material produced by the employee during the course of employee's employment, and for which the employee is compensated as either regular pay, as overtime, or in an agreed-upon lump sum, remain the sole property of employer.

7. Jurisdiction
This agreement will be interpreted according to the internal (domestic) laws of the Republic of Korea. A competent court in the Republic of Korea will have jurisdiction in regard to any dispute or claim arising out of, or in connection with, this agreement.

Employer and employee have executed this agreement on the date indicated below. Intending to be legally bound to, and in witness of, employer and employee have appended their signatures.
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TheUrbanMyth



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

PostPosted: Wed Dec 25, 2013 3:35 pm    Post subject: Reply with quote

perich wrote:
Employer and employee agree as follows:

1. Employment
Employee accepts employment from employer to teach the English language under the terms and conditions set forth here in this agreement for a period of twelve full and consecutive teaching sessions. Employment commences from the first day of orientation (March session 2014) and finishes on the last teaching day of the last teaching session(February session 2015) covered under this agreement.

2. Duties
2.1 During the term of this agreement, the employee is required to prepare for, teach, and carry out all required administrative duties connected with classes assigned by the employer. The minimum teaching requirement is 110hours(165-forty minute classes) actual teaching hours per session. Monday through Friday are teaching days except for scheduled public holidays and vacation days.

165 classes? That's a recipe for burnout especially if you have no previous classroom experience.



2.2 Total teaching hours in excess of the minimum requirement is calculated each session as overtime payment.
2.3 Payment made for assigned teaching hours is inclusive of payment for preparation and administrative duties connected with those assigned classes. Employee agrees to take orientation and training, attend meetings and workshops scheduled by employer with no extra pay.
2.4 At all times during the term of this agreement, employee will directly adhere to and obey all the rules and regulations that have been, or may hereafter be established, by employer for the conduct of employee or generally for the conduct of instructors at the place of employment.

3. Compensation and Other Treatment of Employee
3.1 Salary : The monthly salary will be 2.1 Million Won with 2 payments made on the last day of the last teaching session as part of the severance pay. No part of the thirteenth payment will be paid unless the employee completes the full (12 session) one-year contract. Overtime payment is made at the rate of 22, 500 Won / actual teaching hour. Teaching salary will commence from the first day of teaching, when an employee is absent from scheduled teaching duties salary will be deducted accordingly. Korean income taxes and Korean National Pension Scheme deductions will be withheld.

How much are they asking...altogether it should be slightly under 7%.

Salary payments will be made on or before the eighth day of the month following
the teaching session during which the employment services were provided.
3.2 Orientation and Training : Shortly after arrival in Korea, employee may be required to undertake orientation and training before commencing teaching. The period of training and orientation will usually be two to four days. Employee will receive payment of 30.000 won per each day of training and orientation.
3.3 Transportation : Employer will provide for employee an economy class ticket for passage to Korea from an international airport mutually agreed to by employer and employee (henceforth referred to as point of departure). Air tickets provided cannot be exchanged for cash equivalents or transferred to persons other than the employee. Employer does not agree to, and is not liable for, compensation to employee, whether in cash or otherwise, for air tickets not used by employees.
3.4 Relocation Allowance : Employer will pay employee, upon arrival in Korea, 200,000 Won to help defray the costs of relocating. Any contracts less than 1 year will be prorated.
3.5 Visa application fee subsidy : Employer agrees to pay employee, upon arrival in Korea, 50,000 won to help defray the visa application fees. Any contracts less than one year wilt be prorated.
3.6 Sick Days/Attendance Bonus : Employee is entitled to 3 paid sick days. Should employee not use these sick days, employer will pay an attendance bonus of 250,000 Won upon the completion of one-year contract. Unused sick days will be credited at 50,000 won per day unused. Any contracts less than 1 year will receive one sick day and a bonus of 125,000 won for no absences.
3.7 Holidays and Vacation : Employee will be entitled to observe public holidays and receive vacation days during the contract term according to a yearly schedule provided by employer before the commencement of the year to which the schedule refers. There are ten (10) vacation days in each calendar year (January - December).
3.8 Medical Insurance : Employee will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The cost of this coverage will be borne half by employer and half by employee. Employee's share of this coverage will be deducted from employee's salary, monthly.
3.9 Accident Compensation : In the event that employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties; employee understands and agrees that employer will have no responsibility for, nor obligation to pay, medical and hospital costs which are in excess of those covered by medical insurance.

4. Housing
4.1 Employer will select and provide semi-furnished private bedroom for employee. Employee will have a kitchen and bathroom. Furnishings provided by employer for common use by employee single accommodation include: A kitchen table and chairs, two-burner gas hotplate, a refrigerator, a telephone, a television, and a washing machine. Furnishings provided to each employee include: A bed, a wardrobe, and a fan. Employee will have to supply his or her own pillow, pillowcase and Bed sheets
4.2 Employee(s) is responsible for all maintenance, utility and telephone charges for accommodation provided by employer. In the case that, and for as long as, employee is a sole occupant of accommodation provided by employer and designated as a single occupancy accommodation.

Sounds like they might be planning to move you into shared housing...make sure that this is single occupancy ONLY.


4.3 Employee agrees to a deduction of 200,000 Won per month from the first three months of employment totaling 600,000 Won as housing management deposit. This deposit is to cover any unpaid monthly service, utility, and telephone charges at the completion of this contract and/or resignation or dismissal of the employee before the termination of this contract Employer agrees that payment of remaining amounts of the deposit will be made to employee within ten days after all outstanding monthly service, utility, and telephone charges have been paid.

5. Dismissal or Voluntary Resignation
5.1 Employer wilt have the right to dismiss employee for unwillingness or inability to meet conditions of employment as set out under this agreement, for conduct seriously jeopardizing any student or staff person, or for criminal activity.
5.2 In the event that the employee is dismissed, or in the event that the employee voluntarily resigns prior to the termination of the term of this agreement, employer will pay salary due to date of termination. Employer will not pay the cost of return transportation to point of departure for employee. Further, employer will be entitled to withhold an amount less than or equivalent to, but not exceeding, the cost of airfare provided for travel to Korea and other benefits provided to employee.

6. Covenants
6.1 Employee hereby agrees, covenants, and undertakes that he/she will not undertake any teaching duties or employment with any persons or organizations other than the employer. To undertake such employment is a breach of Korean Immigration law and can have serious consequences.
6.2 The employee understands and accepts that the rights to use, sale, distribution, or publication of all original material produced by the employee during the course of employee's employment, and for which the employee is compensated as either regular pay, as overtime, or in an agreed-upon lump sum, remain the sole property of employer.

7. Jurisdiction
This agreement will be interpreted according to the internal (domestic) laws of the Republic of Korea. A competent court in the Republic of Korea will have jurisdiction in regard to any dispute or claim arising out of, or in connection with, this agreement.

Employer and employee have executed this agreement on the date indicated below. Intending to be legally bound to, and in witness of, employer and employee have appended their signatures.



The terms look pretty decent..but the number of classes is going to be a killer. I'd hold off on signing for a while and look for something better.
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