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



Joined: 03 Apr 2014
Location: Asheville, North Carolina

PostPosted: Wed May 28, 2014 9:13 am    Post subject: New Contract Reply with quote

Thanks DosequisXXX!

Last edited by MelbaD on Thu May 29, 2014 8:30 pm; edited 1 time in total
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DosEquisXX



Joined: 04 Nov 2009

PostPosted: Wed May 28, 2014 12:41 pm    Post subject: Re: New Contract Reply with quote

MelbaD wrote:


3. DUTIES OF EMPLOYEE
Quote:
3.2.1. The standard monthly working hours during this period will consist of up to 120 hours of
classroom contact except the remaining required hours consisting of in-office duties including basic
preparation of teaching. The in-office hour during the employment may vary with discretion of academic
director for orientation, training and adaptation to the new working environment purposes without
overtime pay paid to the employee. Normal work duties shall include 120 hours(40 mins or 50 mins each
class) per month and one and half hours of in-office working each day. (*1hr=60min)


Looking at on average 8 classes/day. Quite a lot as normally 1 hour = one class.


Quote:
4. COMPENSATION AND OTHER TREATMENT OF EMPLOYEE
The Korean income tax will be deducted monthly from the gross salary. The total monthly deduction will
be ________won. These amounts are subject to change in accordance with changes to Korean government
tax policy..


Get the tax percentage specified. Should be 3.3%.

Quote:
4.4 HOUSING: Employer shall select and provide either a single furnished efficiency house or a double
furnished house to be shared by two employees. Each employee will have a private bedroom. Furnishings
will include a TV, air conditioning, a kitchen table and chairs, a two-burner gas range, a refrigerator,
dinner placements, cooking and eating utensils, a bed, a wardrobe and drawers, a telephone,
curtains for the living room, a washing machine, western toilet and a shower.


Specify which one you want (single or shared). Don't let the employer put you in one or the other.

Quote:
At the time of leaving, employee should keep
₩300,000won as a deposit for the cost of utilities and telephone charges remained. After 2 month, the rest
of money will be reimbursed to the employee’s account.


No way are you getting that money back.

Quote:
4.6 VOLUNTARY RESIGNATION: In the event that Employee voluntarily resigns prior to the
termination of the term of this Agreement, Employee shall NOT receive reimbursement for
airline ticket purchased by Employee. The Academic Supervisor must be notified ninety (90) days prior to
Employee's last working day. Fail to do so would result in all the decisions are left to Academic director’s
discretion. Any resignation occurs within 6months, Employee must pay the total amount of recruiting
fee to Employer.(up to9months, 50% of recruiting fee).


No way should you ever pay the recruiting fee.

Quote:
4.7 HEALTH INSURANCE: Employee shall be covered by medical benefits under the Korean Medical
Insurance Union, a Government Health Organization. The costs of this coverage shall be paid half by
Employer and half by Employee. Payment will be made by monthly deduction from Employee's basic
salary, at present % of salary. Employer shall contribute a like amount each month


NHIC. Not some private insurance crap.

Quote:
5. TERMS AND RENEWAL

5.3 Period of Employment
The Instructor will be employed by the Institute from the following dates.
From: October . 2013.
To : April . 2014 .


Wait this is only a six month contract? Yet the rest of the contract is written as though it is for one year.


Unless things have changed recently, Avalon is supposedly one of the more respectable academy chains in Korea. Just get the kinks above fixed and you should be set. Of course, talk to a former teacher before accepting the position and get their opinion.
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Porksta



Joined: 05 May 2011

PostPosted: Wed May 28, 2014 4:12 pm    Post subject: Reply with quote

Please don't spread the false 3.3% info, you just confuse people. The income tax rate should be about half that.
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DosEquisXX



Joined: 04 Nov 2009

PostPosted: Thu May 29, 2014 3:54 am    Post subject: Reply with quote

How come it is continually posted as 3.3%? Even when I was teaching, that's what it was. Have employers been skimming our salaries for that long?
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nikkyfirefly



Joined: 07 May 2014

PostPosted: Thu May 29, 2014 12:57 pm    Post subject: Reply with quote

So I got another job offer. Better work hours, really good interview but the pay is lower. Any feedback on this contract?

I really appreciate everyone's help.


1. Employment of Employee

1.1 The employer hereby employs the employee to teach the English language in the form and manner and under the terms and conditions set forth herein this agreement.

1.2. BLANK hereby employs Employee to participate for the period of ( 12 ) months in form and manner under the condition set forth in this agreement. The employee will be teaching the English language at the principal office named above.
This employee will not teach in any other place without the permission from the school and the immigration office.

1.3. Employee hereby accepts employment from BLANK to participate in the above programs in the form and manner and under the conditions set forth in this agreement.

1.4. School hereby provides visa sponsorship to the above mentioned employee who is


2. The Term, Renewal, and Termination of the Agreement

2.1. The term of this agreement shall be the term mentioned in Section 1 of this agreement and commence from the day of employee’s arrival in Korea that is valid for one year from ASAP to end of August, 2015. 1~3 days (maximum) of Arriving week of arriving month can be ‘Orientation week’.

2.2. The duration of contract period maybe extended by renewing of the contact. The employee and the employment must come to a mutual agreement before the expiration, the employee is required to notify the School of this intention in writing at least two months prior to the termination.

2.3. If employee intends to terminate this agreement before its scheduled expiration, the employee is required to notify the school of this intention in writing at least two month prior to the termination. If employee leaves before his/her one year contract finish in any reason, the employee agrees to reimburse school the cost of the return airfare. Employee must notify to the school at least 2 months before their termination. Employee can terminate only in an emergency situation with proven formal documentation.

2.4. The school shall inform the employee whether employee will be terminated or rehired at least two months prior to the expiration of this contract.

3. Duties and Responsibilities of Employee

3.1. During the term of this agreement the Employee shall accept, obey and strictly comply with the instructions, supervision, training and discipline of the school given to employee in order to keep a professional image a teacher both inside and outside of class, and shall carry out such assignments as directed by the School. These duties shall include teacher in all phases of the program, administrative duties related to the Employee, classroom duties, workshops, and outings and any other duties that may be assigned by the School. The School is responsible for establishing standards of performance for the Employee, and is empowered to take reasonable steeps when necessary to ensure that those standards are met.

3.2. Employee shall fulfill the duties as an English teacher at the School in a positive and cooperative manner in order to contribute to the improvement of the English language abilities of the students at the school and employee named above agrees to endeavor to enhance the image and to promote the educational purpose of the institute. The educational purpose being to improve all facts of the English language skills of students attending the School.

3.3. Employee shall develop educational program and materials, participate out of classroom activities for/with students such as excursions, field trips, recording and reporting work on students’ activities, attend at orientation/staff meeting of School program, and other related activities, as agreed upon by the teaching. Employee shall teach students faithfully in the manner described in the textbooks and materials provided by the school. With the permission of the School, an employee may adopt supplementary textbooks and materials as needed.

3.4. Employee shall not use the intellectual property and know-how of School program through the employment for any business purpose either directly or indirectly.

3.5. Employee will not be allowed to arrange private lessons outside the place of employment without permission of the School.

3.6. Employee shall observe class hours strictly any absences or tardiness, early dismissal of class, non-observance of working hours, etc… can only take place with the permission of the School.

3.7. Employee’s behavior, appearance, and attitude at work and off-duty shall confirm to the professional demeanor appropriate to the position as an employee of the School.

3.8. Employee needs to observe each student and make his or her set of formal progress/report card every each class’s grade finish and shall not be hesitated to have Parents’ Conference.

3.9. Employee will not be allowed to meet students or parents privately without permission of the school. Employee shall keep their professionalism in any time. Employee allows meeting parents only through school and by appointment all the times.

3.10 Employee has duties to take ‘Orientation week’ (maximum 3 days) before they start to teach. (See 7.1.3)

3.11 Employee has duties to take ‘Intensive classes’ for teaching during student’s summer and winter vacation. (See 6.1.1)

4. School Belongings

4.1. All materials (ex: Teacher’s manual which is prepared by school, textbooks, teacher guide, and other stuff) given to the employee by the institute shall be returned after they are no longer needed in any reason (e.g. after student’s grade finish, or One’s teaching contact finishes).


5. Dress Code

5.1. Employee shall dress somewhat formally while teaching. Shorts/ sandals (for men), running shoes, no socks(for men) and informal T-shirt are not considered as appropriate dress. Women should wear medium/long skirt or dressy pants with neat blouse/collar shirts/normal shirts. It is not acceptable wearing belly shirts/tops or string tops/shirt and too shorts and/or tight pants.

6. Working Hours

6.1.1. Employee workdays shall be Monday through Friday from 10am to 6:30~7:00 (it may change depending on school time). This working hour includes lunch break, class recess time, and preparation time for employee. The weekly regular teaching hours shall be 30 hours per week. However, these teaching hours and working hours may be subject to change according to the school’s situation. During students’ summer/winter vacation the start/finish teaching time can change. However, it depends on school’s schedule.

In student’s summer vacation 4 weeks (minimum- These stated weeks can be shorten or extended) and winter vacation 8(minimum-These stated weeks can be shorten or extended) weeks, the teacher’s actual teaching hour will be scheduled up to 40 hour per week. The school will pay overtime when the teaching hour is over 40 hours per week during these weeks. All teachers in Brown International School must take ‘intensive teaching’ during summer and winter vacation.

6.1.2. Employee shall follow set class schedules and cannot dismiss class, cancel class, or start late without the written approval of the school. When the employee has first morning session class, employee is required to arrive by 9:50am. If the employee does not have first morning session class the employee is required to arrive by 10:00am. When the above mentioned manners can cause for immediate dismissal and no warning or time for remedy will be allotted.

7. Remuneration Compensation and Employee’s benefits

7.1. Salary

7.1.1. Employee’s monthly gross salary shall be (2.1 mil won - before tax, pension and medical) Won paid in Korean currency. When the pay will be pro-rated to allow for unpaid orientation. The additional hourly compensation (for overtime) shall be 19,000won/hour. Salary will be paid monthly. The date of payment shall be every 10th day of each month. However, this payment date may be subject to change according to the school’s regulation.

7.1.2. Employee’s overtime is counted from when the employee’s teaching hour is over 30 hours per week. (Intensives are the exceptions-During the Intensive course, over 40 hours is counting as overtime.)

7.1.3. In the case of unauthorized absenteeism or lateness; Employee’s monthly salary shall be reduced in proportion to the number of working days missed in that monthly period.

7.2. Deduction of Taxes

7.2.1. 3.4% of gross salary will be deducted for Korean taxes.



7.3. Pension

7.3.1. The employee needs to pay certain percentage(4.5%) of pension to the pension office from his/her gross salary. The school will deduct pension and it will be taken out from employee’s salary every month.( The School will pay 50% of the rate and employee will pay the other 50%. ) Employee shall request to Korean government for collecting pension (employee will collect 100%+interests) 2 days before employee’s departure. (The government will deposit into your Canada/America/Korea bank account number per your request)

7.4. Medical Insurance

7.4.1. The School shall open the health and injury insurance for employee. The School will pay 50% of the rate and employee will pay the other 50%. (Take out from salary per month)

7.5. Housing

7.5.1. School agrees to provide housing for Employee. Employee is not responsible for the payment of the rent. Employee is responsible for paying his share of utilities. In the event Employee does not choose to live in the apartment thus secured by the School, the School shall not be responsible for finding an alternate apartment, nor for furnishing such apartment.
Employee will be responsible for the utility bills (the cost of monthly for utility, and telephone charges etc.), while living the apartment.
Employee needs to reimburse damage payment for any damage/he/she causes to the property owned by the school.
School agrees to provide fundamental one kitchen table and two chairs, a two burner gas hotplate, a refrigerator, a telephone, a washing machine, and bed.

7.6. Transportation

7.6.1. The school will pre-pay in full a round air ticket from your country to Korea, from Korea to your country. The school will retain the ownership of the return ticket for 12 month.(The school has the ownership of the employee’s airplane ticket)
If the employee leaves within the 12 months by employee’s determine, he/she has to inform the Employer 2 months in advance and should pay back the full cost of the flight ticket and cover incidental costs related to replacing the employee(such as recruiting fee, hire part time teachers etc..). In this case, the school does not have any responsibility to give severance pay to the employee. Whether the employee give at least 2 months notice of his/her resignation to school or not, The employee must reimburse airplane ticket and additional costs that school provided.(hiring other teacher-recruiting fee)

7.6.2. For the Employee who is currently in Korea, the school will pay for the employee’s Japan visa trip fee(Airplane cost + Hotel fee) instead of coming airfare from their original country to Korea. The school has no duty to reimburse to the employee about his/her single airfare for coming to Korea. However, School will get or pay the single airplane ticket to the employee after they finish their contract in success and need to go back to their home country.

7.7. Holiday/Vacation

7.7.1. The school may have ‘summer vacation 7 days of period ‘- national holiday and weekend may be included within this 7 days of period and ‘Winter vacation 7 days of period’- national holiday and weekend may be included within this 7 days of period.
7.7.2. The school vacation date will be provided to the employee at least 2 weeks ahead of time.
7.7.3. Employee does not have any authority to change the school vacation date and does not have any authority to have employee’s own vacation apart from the school vacation.
7.7.4. The Employee will observe Korean national holidays and vacations as scheduled by the School. Base salary of ( 2.1 ) million Won will be given each month regardless of holidays.

 The employee agrees that if he/she absent or late during school working hour, the school will deduct the absent or late hour’s cost from employee’s monthly salary. But if you give a information (emergency case) about your lateness, we can negotiate about this.

8. Miscellaneous

8.1. Voluntary Resignation

8.1.1. Written notice of resignation must be submitted to the school two months in advance of the employees planned departure from the school. Employee understands that two months is required for the school to find his/her replacement. Upon resignation, the employee is liable to pay all utility bills including overdue charges.

8.1.2. When Employee fails to complete the full contract term in any reason(except for the serious illness or accident), and /or fails to submit resignation notice to school 2 months in advance, employee agrees to reimburse to school the cost of airfare which school paid to the employee plus full cost of visa traveling fee (when employee had a trip to Japan for the visa)

8.2. Claim

8.2.1. If as a result of willful negligence, gross negligence, or intoxication, the employee damages facilities, materials and other property belonging to the school or the employee’s place of abode, the employee assumes pecuniary liability in accordance with Korea law.

8.3. Dismissal

8.3.1. The school shall have the right at its sole discretion to dismiss Employee for clear and frequent neglect of duties under this agreement. However to any such dismissal, other then for 8.4.3 below, Employee shall be warned of dissatisfaction with the situation, performance or not being corrected even employee receives warning and shall be afforded at least 5 working days in which to remedy the situation. If the situation does not become any better even they receive the warning with 5 working days, it can lead to immediate dismissal to the employee.

8.3.2. The school will give Employee one verbal warning. If problems continue, a formal written warning will be given, and a third offense is leading to dismissal. The following are causes to be warned:
- Unwillingness or inability to meet conditions of employment as set out under the terms of this agreement and school regulation, including neglect of duties, create unhappy working mood and continue that mood inside the school with any staffs without any reasons.
- When the school gives employee about some manners of a fault, however, no complying from employee, or no improvement of employee
- Borrowing funds from, or selling items to the students of the school other than items officially sanctioned by the school.

8.3.3. The following manners will be the cause for immediate dismissal and no warning or time for remedy will be allotted.
- The health of the employee is such that the continuation of teaching is deemed impossible.
- Late or absent school during his/her working hour without informing to school by the employee himself/herself.
- The employee or his/her dependents violate the law of the Republic of Korea.
- Commits or threatens any violence against any staff member of student whether inside or outside of the workplace.
- Conducting classes while intoxicated.
- Disclosure of spurious documents/claims/evidence(degree, references, medical certificate, doctor’s certificate and any other documents that handed out to school or have talked to school)
- Sexual advances towards students and school staff or indecent advances towards them. Acceptance of tuition or other funds, or any monetary transaction on behalf of the school.
- Documents or credentials pertaining to teaching qualification are found to be falsified or invalid.
- More than one absence or lateness which is late notice to school or without proof document. Absences are not allowed unless there is an emergency.
- Other than these, Criminal or other conduct that would in the opinion of the school jeopardizes any person or the reputation of its students, its staff or school will be immediate dismissal under the manner of this agreement.
- School gives warning 3 times to employee about some manners of a fault, however, no complying from employee, or no improvement of employee.

8.4. Emergency Leave
Employee will be eligible to receive up to 3 days (including weekends) of paid emergency leave in the event of death in employee’s immediate family. The immediate family of employee for the purpose of this paragraph will include only parents, sons, daughters, brothers, and sisters who are the direct line family members.

8.5. Substitute for illness
When employee is absent due to illness, he/she should contact the school at once. The school will then either assign a substitute for his/her class. Every employee is required to substitute other’s classes in case of illness of other employee, even though it is overtime.
If a class is cancelled, the employee will be asked to make up the missing hours on another day. The employee must submit the certification of illness after recovering. If the employee is absent from his/her class without the permission of Brown International School, it may lead to the immediate dismissal. Without proof documents, the school will deduct those hours’ costs (20,000 won / hour) from employee’s salary.

8.6. Substitute classroom
When other employees are absent due to their Japan trip for visa, any other matters, and emergency situation(illness and etc…), every other employees are required to substitute absent employee’s classes even it is overtime. In this case, even the substitution is overtime for the teacher, it is not calculated as overtime and overtime payment will not be considering.

9. Covenants

9.1. Employee here by agrees in the above covenants, and undertakes that he/she will not undertake any teaching duties or employment with any persons or organization other than Employer without prior written approval from Brown International School.
Failure to comply with this article is cause for legal and financial responsibilities of employee.
Employee hereby agrees, covenants and undertakes that he/she will not disclose teaching materials, syllabus details, or any other information relating to the academic program, whether verbally or in written form to individuals or corporate entities not employed by the school. Employee hereby agrees, covenants and undertakes that at all times during the term of this agreement or subsequent to the termination of this agreement to not use the name of the school for business purpose or otherwise, and will not representative of the school.

10. Merger Clause

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

10.2 All parties agree to the conditions of this contract, in good will and agree to resolve disputes as gentle persons, willing to compromise, but will submit to the ultimate Judgment of Korean Civil Law for any unsolved disputes arising from matters herein or not addressed herein.

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


Last edited by nikkyfirefly on Thu May 29, 2014 2:04 pm; edited 1 time in total
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Sf2014



Joined: 24 May 2014
Location: Canada

PostPosted: Thu May 29, 2014 12:58 pm    Post subject: Reply with quote

the employee (hereinafter referred to as "the Teacher") agree to a employment for a regular full-time English teaching position

1. The institute and the teacher agree as follows;

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 fourteen full and consecutive teaching sessions. Employment commences from the first day of teaching and finishes on the last teaching day of the last teaching session under the employment period in the agreement.
The employment period is from First Session day of September 2014 to Last Session day of August 2015.

The teacher’s daily working hours – including preparation, class teaching, etc. – are 8 hours average. (Daily hours may change upon the teacher’s schedule)

The Teacher will have at least 20 classes (80 minute) per teaching week. Monday through Friday are teaching days except for scheduled public holidays and vacation days.

The Teacher is expected to devote no less than 2.5 hours a day at the Institute for lesson planning with co-teachers, student evaluations, reporting, consultation with parents, supervision of play, and maintenance of the English environment during breaks, workshops, and teachers’ meetings.

Teacher will be required to attend some special events or take classes on Saturdays. Teacher will receive additional compensation for these days.

2. Duties
A. Duties may include, but are not limited to;
i. Teaching
ii. Substitute teaching
iii. Supervision of students
iv. Preparation / production of teaching materials
v. Curriculum design and implementation
vi. Attendance at teachers’ meetings and workshops
vii. Writing evaluation comments and preparing evaluation reports
viii. Essay and journal correction (Homework)
ix. Implementation of Teacher Policy Guidelines.
x. Participation in micro-teaching group presentations
xi. Interviewing new students for level testing / classroom assignment
xii. Professional development
xiii. Teacher Training in the Institute or SLP headquarters.
xiv. Participation and preparation in special events which can be held on non-paid weekends; Maximum up to five events per year (Market day, Halloween party, Christmas party, Graduation Ceremony, etc)
xv. Participation in Summer / Winter Intensives Classes
xvi. Participation in any school field trips
xvii. Participation in Teacher Training Workshops which can be held on non-paid weekends; Maximum up to three workshops per year
xviii. Following class schedule and class distribution
xix. Participation in non-paid make-up classes on weekends (when class cancellation occurs due to natural disaster)

B. 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
C. The Teacher may work longer than the usual working hours during the summer and winter vacation. Due to the way the Korean education system works, this schedule is unavoidable. Overtime will be given over the hours of agreement. At these times, working hours may change.
D. Any part of the Teacher’s workload can be converted into research and development work under his or her supervisor’s supervision.
E. The institute has the authority to manage class schedule and class distribution for each teacher.


3. Behavior
The Teacher should respect the rules and the standard of conduct set by the Institute (written, verbal and tacit) 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
A. 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.
B. 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.
C. All materials and information produced, during the period of employment, become the property of the Institute. The Teacher maybe compensated as regular pay, overtime, or in an agreed-upon lump sum, remain the sole discretion of the Institute.

7. Compensation
A. Monthly Salary
Except for the period of orientation and teacher training, the Institute will pay the Teacher a total monthly basic salary of 2,100,000 Won. The monthly salary is based on the monthly teaching session and payment will be made on 10th day of the following the month. Korean income tax, Management Expenses for housing, Medical Insurance, and Internet will be deducted from the monthly salary.

B. Overtime
Overtime teaching - beyond 20 unit classes - is paid at 30,000 Won/unit (80 minute). The assignment of overtime above the regular 20 classes is at the sole discretion of the Institute.
Payment for teaching class on Saturday is made at the rate of 35,000 Won per class (80 minute) if there are any teaching lessons. Payment for special event on Saturday is upon the discretion of the SLP director.
In case of substitute teaching, the Teacher will receive substitute teaching fee
25,000 Won/unit (80 minute), only if the substitute teaching class hours exceed the Teacher’s contractual class hours. In case the Teacher is about or misses his/her classes, the Teacher shall be responsible for the substitute teaching fee Won/unit (80 minute). That means the substitute teaching fee shall be deducted from the monthly payment.

C. Orientation and Teacher Training
The teacher will receive up to 2 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.

D. Health Insurance & Tax
The Teacher will be covered by Private Health Insurance. The monthly insurance charge (30,000won/month) will be deducted from the monthly salary. When the teacher presents the medical receipt from the hospital or the pharmacy, the Institute will able to reimburse the half of the total amount to the teacher in most cases and sometimes more depending on the symptoms and insurance policy. There are some cases where Medical insurance is not applicable.
The Institute has right to choose the insurance company.
Tax and Residential Tax will be charged monthly by amount of 3.3% of the monthly salary.

E. Severance Pay
On completion of one's responsibilities of the full successful employment period, an additional month of regular salary 2,100,000 Won shall be paid as severance pay. If the Teacher, however, does not complete the full period of one year or longer employment, none of the severance pay shall be paid according to Korean Labor Standard Law. Severance pay will be paid by bank transfer no later than two weeks after the Teacher’s last unpaid payments arrive. This will be between 2 ~ 2 and half months after the Teacher has left the Institute. Any unpaid payments regarding housing will be deducted from severance pay. Korean severance tax will be withheld.* (What is the severance tax?)

8. Housing
A. The Institute will select and provide furnished living accommodation for the Teacher
i. Single housing with furnishings will be supplied by the Institute or,
ii. Shared housing with furnishings.
iii. Furnishings will include Air-conditioning, TV, refrigerator, washing
machine, wardrobe, range, bed, desk, chair, and some eating & cooking utensils.
B. The Teacher is responsible for utility charges such as management expenses, electricity, gas, telephone, internet connection, cable TV charges, etc.
C. In the event the damage is due to the Teacher’s negligence, the Teacher will be charged any repair or replacement.
D. The Teacher agrees to pay 300,000 Won during the first three months of employment as a housing management deposit. This deposit is unpaid monthly services, utilities, telephone charges. The Institute will deduct 100,000 Won per month for the first 3 months where the Teacher makes their total base salary (i.e. a full month’s work).
E. This deposit will be paid back at the last month of the contract to the Teacher after all bills, that he/she is responsible for, have been paid.
F. There is monthly housing maintenance fee of 30,000 Won which will be taken out from the monthly pay.
G. Telephone and Cable fee may be taken out from monthly pay but it depends on where the teacher stays.
H. When the teacher is provided with single housing, only one person can use the housing. It is not permitted to use single housing with other people. For special cases, the teacher should discuss with the institute. There may be extra charge for such special cases.

9. Holidays / Vacation / Leave
A. Teacher will be entitled to observe public holidays and receive vacation days during the employment term according to the yearly schedule provided by the Institute before the commencement of the year to which the schedule refers.
B. 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 three working days of Sick Leave compensation. Unused sick leave may not be converted into cash. If the teacher misses more than three working days, 35,000 Won will be deducted from his or her salary for every subsequent class (80min) missed.
C. 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 four (4) hours in advance of the classes the Teacher expects to miss. The Institute agrees that the Teacher is allocated three 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 three working days, every subsequent missed class will be considered as Personal Leave mentioned below.
D. Personal Leave: In order for the Teacher to take Personal Leave, he/she must submit an application for leave form at least 48 hours in advance. Advanced approval from the Institute is required. The Teacher is not allowed to take more than three working days of Personal Leave. In case of Personal Leave, the Teacher will have 40,000 Won deducted from his/her salary for each class (80min) missed. Only one Teacher will be granted personal leave on one given day. Request will be honored in the order the Teacher informs to the supervisor and the SLP director.
E. Paid Vacation: The Institute provides the Teacher with approximately two weeks of paid vacation in one employment year. The vacation will be scheduled on the annual SLP academic calendar, decided by the SLP Corporation, Sogang University.

10. Transportation
A. Unlike the market’s new standard practice (adopted as of September 2013) of providing the teacher one way (inbound to Korea) airfare only, the Institute agrees to purchase tickets both ways. However, each ticket cannot exceed one million Won in its total cost. Any amount beyond one million Won is borne by Teacher. The Teacher’s inbound (to Korea) itinerary begins from the nearest international airport to the city Teacher departs from.
B. Teacher hired in-country shall have a visa trip to Japan paid for by the Institute. No airfare will be provided to the Teacher hired in-country except if the Teacher extends for a second year, then a one-way ticket is provided to the nearest International Airport to the Teacher's home location
C. 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.
D. Air tickets provided cannot be exchanged for cash equivalents or transferred to persons other than the Institute.


11. Termination
A. The Institute has the right to terminate the Employment for the following terms
Terms of termination;

i. The Teacher fails to perform or unsatisfactorily performs any one of the duties stipulated in this agreement.
ii. The Teacher fails to perform duties for more than three (3) consecutive days without any excuse.
iii. 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 available for a medical examination.)
iv. Receiving two warning letters from supervisor or director.
v. Criminal behavior or misconduct.
vi. Working or Teaching outside of the SLP Institute.
vii. Breaches of Article 6 “Confidentiality”
viii. Defamation of Institute by falsehood

B. Teacher may terminate this employment before one full year (early termination) with a written 30-days notice with the agreement of the Institute for the following terms
i. Medical reason whether it is a physical or psychological ailment (Teacher must provide a doctor’s letter or result of medical examination)
ii. In the event of early termination of Agreement, the final payment will be given 30 days after the last day of employment.
iii. In the event the Teacher terminates the Agreement, before the end of the contract, the airfare will be reimbursed (deducted from last month pay).
iv. Severance Pay will not be paid in the event of early termination of the Agreement.

12. 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.

13. 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.

14. Regarding Documents / Recommendations
The Institute keeps original copies of any documents for visa until the end of contract. The Institute can not issue any recommendation letter until the end of contract.




IN WITNESS WHEREOF the Institute and the Teacher have each duly executed this Agreement on the dates set forth below their respective signatures.
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DosEquisXX



Joined: 04 Nov 2009

PostPosted: Thu May 29, 2014 1:38 pm    Post subject: Reply with quote

nikkyfirefly wrote:

1.3. Employee hereby accepts employment from Brown International School to participate in the above programs in the form and manner and under the conditions set forth in this agreement.


When posting contracts, do not include the name of the academy as you risk voiding the contract.

Quote:
2.3. ...Employee can terminate only in an emergency situation with proven formal documentation.


You can terminate a contract whenever the heck you want just as the academy can do the same to you.

3. Duties and Responsibilities of Employee

Quote:
3.1. During the term of this agreement the Employee shall accept, obey and strictly comply with the instructions, supervision, training and discipline of the school given to employee in order to keep a professional image a teacher both inside and outside of class...and any other duties that may be assigned by the School.


Get specifics. Vague language.

Quote:
3.3. Employee shall develop educational program and materials, participate out of classroom activities for/with students such as excursions, field trips, recording and reporting work on students’ activities, attend at orientation/staff meeting of School program, and other related activities, as agreed upon by the teaching.


Are these excursions and trips outside of normal hours? If so, are you paid for them?

Quote:
3.8. Employee needs to observe each student and make his or her set of formal progress/report card every each class’s grade finish and shall not be hesitated to have Parents’ Conference.


What?

Quote:
3.10 Employee has duties to take ‘Orientation week’ (maximum 3 days) before they start to teach. (See 7.1.3)

3.11 Employee has duties to take ‘Intensive classes’ for teaching during student’s summer and winter vacation. (See 6.1.1)


3.10: Are you paid for this?
3.11: Poor wording. I assume they mean that you have to teach students English during vacation.

Quote:
6. Working Hours

In student’s summer vacation 4 weeks (minimum- These stated weeks can be shorten or extended) and winter vacation 8(minimum-These stated weeks can be shorten or extended) weeks, the teacher’s actual teaching hour will be scheduled up to 40 hour per week. The school will pay overtime when the teaching hour is over 40 hours per week during these weeks. All teachers in Brown International School must take ‘intensive teaching’ during summer and winter vacation.


That's at least 3 months (probably more) where you're working 40 hours/week. That's a lot.

Quote:
7. Remuneration Compensation and Employee’s benefits

7.2. Deduction of Taxes

7.2.1. 3.4% of gross salary will be deducted for Korean taxes.


Too high.

Quote:
7.4. Medical Insurance

7.4.1. The School shall open the health and injury insurance for employee. The School will pay 50% of the rate and employee will pay the other 50%. (Take out from salary per month)


NHIC okay. Get the insurer specified in the contract.

7.5. Housing

Quote:
7.5.1. School agrees to provide housing for Employee. Employee is not responsible for the payment of the rent.


Specify preference of single or shared housing in the contract.

7.6. Transportation

Quote:
7.6.1. The school will pre-pay in full a round air ticket from your country to Korea, from Korea to your country. The school will retain the ownership of the return ticket for 12 month.(The school has the ownership of the employee’s airplane ticket)


Wait, they're holding the air ticket? Sounds like a recipe for disaster as they basically control when you can leave. You should buy the ticket and have them reimburse you.

Quote:
If the employee leaves within the 12 months by employee’s determine, he/she has to inform the Employer 2 months in advance and should pay back the full cost of the flight ticket and cover incidental costs related to replacing the employee(such as recruiting fee, hire part time teachers etc..). In this case, the school does not have any responsibility to give severance pay to the employee. Whether the employee give at least 2 months notice of his/her resignation to school or not, The employee must reimburse airplane ticket and additional costs that school provided.(hiring other teacher-recruiting fee)


Additional costs? Recruiting fee? No. Absolute nonsense. You are not responsible for that.

This reimbursement setup makes it way too easy for them to fire you after 10 months and then hold you hostage to the air ticket.

7.7. Holiday/Vacation

Quote:
7.7.1. The school may have ‘summer vacation 7 days of period ‘- national holiday and weekend may be included within this 7 days of period and ‘Winter vacation 7 days of period’- national holiday and weekend may be included within this 7 days of period.


National holidays should never be included in vacation time. Would be a dirty move to have your winter vacation during Chuseok.

Quote:
 The employee agrees that if he/she absent or late during school working hour, the school will deduct the absent or late hour’s cost from employee’s monthly salary. But if you give a information (emergency case) about your lateness, we can negotiate about this.


Illegal deduction.

8. Miscellaneous

8.3. Dismissal



Quote:
8.3.2. The school will give Employee one verbal warning. If problems continue, a formal written warning will be given, and a third offense is leading to dismissal. The following are causes to be warned:
- Unwillingness or inability to meet conditions of employment as set out under the terms of this agreement and school regulation, including neglect of duties, create unhappy working mood and continue that mood inside the school with any staffs without any reasons.


Unhappy working mood? That's quite subjective. Seems like an easy way to cut you.


Quote:
8.3.3. The following manners will be the cause for immediate dismissal and no warning or time for remedy will be allotted.
- The health of the employee is such that the continuation of teaching is deemed impossible.


So if you get the flu, you can be dismissed as the school won't allot time for you to get better?

Quote:
-More than one absence or lateness which is late notice to school or without proof document. Absences are not allowed unless there is an emergency.


So, no sick days.

Quote:
8.5. Substitute for illness

If the employee is absent from his/her class without the permission of Brown International School, it may lead to the immediate dismissal. Without proof documents, the school will deduct those hours’ costs (20,000 won / hour) from employee’s salary.


So they're deducting more per hour than they pay you per hour. Illegal deduction.

Quote:
8.6. Substitute classroom
When other employees are absent due to their Japan trip for visa, any other matters, and emergency situation(illness and etc…), every other employees are required to substitute absent employee’s classes even it is overtime. In this case, even the substitution is overtime for the teacher, it is not calculated as overtime and overtime payment will not be considering.


BS. If it's over the normal schedule, it should be OT.

This reeks. The contract seems designed to hold as much power of you as humanly possible while making it easier for them to cut you without consequence.
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DosEquisXX



Joined: 04 Nov 2009

PostPosted: Thu May 29, 2014 1:43 pm    Post subject: Reply with quote

Sf2014 wrote:

1. The institute and the teacher agree as follows;

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 fourteen full and consecutive teaching sessions. Employment commences from the first day of teaching and finishes on the last teaching day of the last teaching session under the employment period in the agreement.
The employment period is from First Session day of September 2014 to Last Session day of August 2015.[/quotes]

Get the dates specified. Too easy to make this slightly less than 12 months to screw you out of severance.

Quote:
Teacher will be required to attend some special events or take classes on Saturdays. Teacher will receive additional compensation for these days.


How many are there? How much are you paid for them? What are these special events?

2. Duties
A. Duties may include, but are not limited to;
i. Teaching
ii. Substitute teaching
iii. Supervision of students
iv. Preparation / production of teaching materials
v. Curriculum design and implementation
vi. Attendance at teachers’ meetings and workshops
vii. Writing evaluation comments and preparing evaluation reports
viii. Essay and journal correction (Homework)
ix. Implementation of Teacher Policy Guidelines.
x. Participation in micro-teaching group presentations
xi. Interviewing new students for level testing / classroom assignment
xii. Professional development
xiii. Teacher Training in the Institute or SLP headquarters.


Stopped reading after the bolded text. Slave Labor Program is to be rejected immediately.
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nikkyfirefly



Joined: 07 May 2014

PostPosted: Thu May 29, 2014 1:54 pm    Post subject: Reply with quote

Is this in particular normal...

Employee’s overtime is counted from when the employee’s teaching hour is over 30 hours per week. (Intensives are the exceptions-During the Intensive course, over 40 hours is counting as overtime.) <------

Also they have overtime set at 19,000 won per hour (usually 20,000 won?) and there is no mention of severance pay (slight mention under transportation but no actual clause) or National Pension Plan.

I have a really good feeling about this school but will they actually change the above if I ask for it or will they just look for someone else? Ugh stress. I've been offered a contract with a school that I'm not interested in (very long work hours) and this school which has a somewhat iffy contract.


Last edited by nikkyfirefly on Thu May 29, 2014 11:11 pm; edited 1 time in total
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nikkyfirefly



Joined: 07 May 2014

PostPosted: Thu May 29, 2014 2:12 pm    Post subject: Reply with quote

Thanks DosEquisXX I appreciate your feedback. Now I'm really torn.

Ugh I thought I BLANKd the name everywhere but guess not...
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nikkyfirefly



Joined: 07 May 2014

PostPosted: Thu May 29, 2014 11:20 pm    Post subject: Reply with quote

After reviewing the contract and thinking things over I've decided not to go with the 2nd offer (Thanks again DosEquisXX!). So that leaves the previous contract offer that I posted.

I'm sorry to bug but if anyone has the time I would really love some feedback on this contract.

Things I've noticed
-need tax rate specified
-specified private housing
-I don't get sick days until after 6 months
-If I miss a day I get a 20,000 won deduction

Otherwise what do you think! I am eager to here from the gurus!

Thanks again in advance! You guys/gals are amazing!

The employer hires the teacher and both parties agree on the following terms and conditions.

1. Period of Employment.
a. The Contract will start on 11/08 /2014 (Day/Month/Year)
The Contract will terminate on 10/08/2015 (Day/Month/Year)
b. This contract will be valid for a period of 12months.
c. The time of this contract is for one year commencing from the date of the teacher's arrival in Korea and finishes on the last teaching day of the twelfth month.
d. The terms of the contract include preparatory period, twelve full teaching sessions, and scheduled vacations and holidays that fall between or during teaching sessions.

2. Employee’s Duties
a. During the term of this contract, the teacher shall cooperate with the Employer and comply with the duties as specified :
ⅰ. BLANK instructor of the employer's program
ⅱ. Curriculum design and implementation
ⅲ. Development of educational programs and materials
ⅳ. Out of classroom activities for/with students
ⅴ. Recording and reporting work on students' activities
ⅵ. Attendance at/or orientation, staff meeting, workshops and seminar on teaching programs.
ⅶ. Other work related activities, as agreed upon by the teacher.
b. The teacher is strictly forbidden from doing the following: Receiving or keeping cash, gifts and/or gift certificates of large quantities from the school parents or students for any purposes. The teacher must be punctual on class start and end time, prepare for next day classes ahead of time (especially necessary books and materials should be ordered a month ahead) and greet students and parents with smiles and all their heart at all times.
c. All the classroom should be cleaned and organized after each class.
d. The teacher shall not use the intellectual property and know-how of the BLANK program through
employment for any business purpose either directly or indirectly.
e. The teacher will not be allowed to arrange private lessons outside the place of employment without permission of the Employer.
f. While conversing with students, the Employee will speak slowly, clearly and loudly.
g. The Employee will ensure an appropriate relationship with their students.
h. The Employee will follow the rules and regulations as set by the Employer.
i. The Employee will only use educational words with the students and refrain from colloquialisms, vulgar language and slang.

3. Scheduling
a. Kindergarten classes are 30 and 40 minutes in length beginning at 9:50am ending at 2:25pm respectively. Elementary classes are 40 and 50 minutes in length beginning at 2:35pm, 3:20pm, 4:10pm, 5:05pm, 6:00pm ending at 3:20pm, 4:05pm, 5:00pm, 5:55pm, 6:50pm, 7:45 p.m.
respectively. The Employee will finish her teaching schedule at 6:50 p.m. once a week, 6:00 p.m. twice a week and 7:45p.m. twice a week.
There will be no classes on weekends and national holidays.
b. The Employee’s schedule will be different during the summer and winter sessions of the school year and
c. Each intensive session will be 4 weeks long and will take place in January and July or August of each year. And school ending time is the same as regular days during intensive session.
d. Sixty (60) minute classes fulfill one (1) contractual hour.
e. The number of regular teaching hours will be 30 hours per one week.
f. The teaching schedule can be changed at any given time by the Employer. The Employee is responsible for maintaining a pleasant working environment and following the schedule of conduct set up by the employer.


4. Salary, Insurance, Pension and Tax.
g. A guaranteed monthly salary of 2.2million Won will be paid on or directly deposited to the teacher's bank account.
h. The Employee’s salary will begin on their first day of teaching. This date will also mark the beginning of the Contract. The Employer will pay the Employee on the tenth (10th) day of every month. If this day falls on a Korean holiday or a weekend, the Employee will be paid on the next business day.
i. The Employee’s salary will be directly deposited into a Korean bank account. It is the Employee’s responsibility to open a Korean bank account upon arriving in the ROK.

j. Teaching salary will commence from the first day of teaching. When an employee is absent from scheduled teaching duties, salary will be deducted according to the employee’s overtime rate. Deduction in accordance with Korean income tax and National Pension Plan regulations shall be withheld from monthly salary payments.
k. Employer will pay 50% of the teacher's insurance premium and the employee will pay the remaining 50%. The average premium will be in the range of 2% of and be deducted from the monthly salary.
l. Employer will pay 50% of the teacher’s pension and the employee will pay the remaining 50%. The pension will be deducted teacher’s salary as set forth by Korean law(4.5%)
m. Income tax will be also deducted from teacher's salary as set forth by Korean law(3-5%).
n. Orientation and Training: Employee is required to undertake orientation and training before commencing teaching. The period of training and orientation is about up to 5 days. 70% of the regular teaching salary will be paid for the period of orientation and training

5. Working hours & Responsibilities of Teacher
a. During the term of this contract, the teacher shall be required to work from Monday through Friday. The working hours, defined as the hours the teacher should remain at BLANK including lunchtime and preparatory time shall be from 9:30am to 6:50pm(on Monday to Friday). These working hours may be subject to change according to the employer's situation. However, the maximum teaching hours, which means teaching time for classes, 30 hours per week will be kept. In the case of exceeding 30 hours per week for teaching time, not working time, overtime will be paid at 20,000 won per hour.
b. Classes and teaching hours are scheduled at the institute's sole discretion
c. Special Events that might be held on Saturdays do not count as overtime.
d. Payment made for assigned teaching hours is inclusive of payment for preparation and administrative duties connected with those assigned classes. Employee is required to attend meetings and workshops scheduled by employer without extra pay.
e. The Instructor is expected to devote no less than 2 hours a day at the Institute for the lesson planning with co-teachers, student evaluations, syllabuses, report cards, field trips, supervision of play, maintenance of the English environment during breaks, workshops, staff meetings, and upgrading one’s professional knowledge and skills without additional pay. The work week will follow the yearly academic calendar issued by the School.
f. The Instructor will prepare a big test and student report cards as required by the curriculum and administer an oral test and prepare student report cards on the subsequent months for each class.
g. The Instructor is required to check all homework, essays and journals to ensure students are adequately grasping the presented material.
h. The Instructor shall respect the Korean people’s moral standards and customs.
I. Any form of physical punishment will not be allowed by the Instructor.

6. Transportation
a. The Employer will pay the cost of a one-way ticket to Korea in advance. When the teacher has been employed for 12 months, the Employer will then pay for the one way return fare.
b. The Employer agrees to provide the Employee’s with airfare from the closest international airport to the Employee’s place of residence. At the completion of the one-year contract, the Employer will provide a one-way ticket back to an international airport where the employee departed from. If the Employee is currently residing in Korea, the Employer agrees to provide the Employee with a round trip flight from Korea to any city in Japan with a Korean consulate.
c. If the teacher leaves within 12 months he/she has to inform the Employer 3 months in advance and will reimburse the full cost of the flight ticket, all travel expenses, insurance premiums and all costs associated with recruiting for the teacher.

7. Visa.
The employee will pay costs associated with obtaining the Korean working visa and health check.

8. Overtime
a. Overtime is based on weekly working hours spent actively in the classroom or on BLANK sponsored student field trips.(Field trip would be considered as 2 teaching hours) For any additional hours worked(Only teaching hours in excess of the given teaching hours by the employer will be paid overtime), the Employee will receive 20,000 Won per hour (one teaching hour is Sixty(60) minutes).
b. Work related to improving teaching methods such as teacher seminars, lesson preparation time (The Employee will complete more than one hour of lesson preparation per teaching day at school) and teacher’s meetings will not constitute overtime hours.

9. Severance Payment.
On completion of ones responsibilities of the full contract period, the severance pay is equivalent to the monthly salary. It will be paid only at the completion of the contract.

10. Vacation and Holidays.
The teacher will observe Korean national holidays and vacations(5 days in summer, 3 days in winter and etc 2days) as scheduled by the employer. The base salary will be given each month regardless of holidays.



11. Housing
a. The employer will provide the teacher, at the employer's expense, furnished accommodations. The employer will select the accommodation.
b. The teacher will pay the cost of monthly utilities, telephone charges and other expenses for personal use. In case of shared accommodation, both teachers will share the cost.
c. Security Deposit: Employee agrees to a deduction of 100,000 Won per month for the first three months of employment totaling 300,000 won as a security deposit. Employer agrees that the payment of remaining amounts of the deposit will be made to employee only on the condition that the employee successfully completes the contract period. At the completion of the contract period, the remaining amount of the deposit will be paid to the employee within forty days after all outstanding fees have been paid.

12. Dress Code
The Employee is required to conduct him/herself in a professional manner and to wear appropriate attire while at school. Events such as graduation, drama festival, open house and other events as determined by the Employer will require nice clothing.
ex) Clean shirts, no ripped or torn clothes, no flip flop style sandals, no sagging or baggy pants, no tank tops, no attire considered provocative, no clothing with any type of writing which may be considered offensive or inappropriate by Korean cultural standards, etc. No visible piercings or tattoos which may be considered inappropriate by Korean cultural standards

13. Lunch
Lunch will be offered from Monday to Friday. The employee is only obliged to have lunch with students at least twice a week.

14. Dismissal or Voluntary Resignation and Penalty.
a. The employer will have the right to dismiss the teacher in case of neglect of duties within this contract, including frequent absences from the place of employment without any notice, the inability to perform duties, and actions that reflect badly on the reputation of the employer.
b. If a dispute or grievance between the teacher and employer occurs, both parties agree to informal discussion to resolve these matters amicably.
c. In the case of dismissal, the employer will not be responsible for the teacher's return ticket and severance payment.
d. Both the Employer and the Employee will give at least a written 60-day notice prior to the termination date of the contract.
e. The following forms of behavior will not be permitted.
i. Not following scheduled class timetables and dismissing, canceling, or starting classes late without the prior approval of the Institute director.
ii. Conducting classes while under the influence of alcohol, while smoking, or under the influence of illegal drugs.
iii. Making sexual advances towards, or entering in to relationships with students or employees of the School.
f. For a dismissal or voluntary resignation within 8 months of this Contract period, the amount of
all airfares (including Japan trip cost in case the Instructor came to Korea by tourist visa) will
be deducted from the Instructor’s last monthly salary.

15. Special Leave.
a. The teacher, after completing six months of employment, can be entitled to have 3 days of special leave.
b. The teacher should provide the Institute with as much advance notice as possible. Special leave may be taken based on the two parties agreement only when :
i. The teacher is seriously sick. The teacher should submit doctor’s prescription to the School for approving sick leaves.
ⅱ. The teacher suffers a bereavement of an immediate family member.
c. If the employee has to leave the school anytime during his/her working hours due to illness, that will be counted as an half day of sick leave. Two half days will make one full day of sick leave. Should the employee not use all three of these sick days the employer will pay an attendance bonus of 100,000 Won upon the completion of the one-year contract. Special leave shall be paid at the ordinary rate of pay.

16. Renewal
The Employee must give the Employer a written 60-day notice before renewal or non-renewal of the Employee's current contract. Both the Employer and the Employee reserve the option to renew the contract.

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

18. Grounds for Termination of Contract
The Employer may terminate the Contract if the services rendered by the Employee are not satisfactory to the Employer. It shall be at the sole discretion of the Employer as to the level of satisfaction required. Services to be considered by the Employer in making this decision include, but are not limited to, adequate class preparation, effective presentation of class lessons, and the ability to work professionally with other staff members.
a. Not following scheduled class timetables and dismissing, canceling, or starting classes late without the prior approval of the school director.
b. Absence without sufficient notice. (minimum of one hour before class)
c. Conducting oneself in an unprofessional manner within the workplace.
(cursing, yelling, throwing things etc.)
d. Inappropriate behavior in accordance to Korean culture or law in or outside the school which may reflect negatively upon the school.

19. Resignation
The Employee agrees to inform the Employer at least 3 months in advance of any significant changes in plans which might have some bearing on the Employee’s period of employment and their ability to complete the term of employment as outlined by the Contract.

20. Governing Law and jurisdiction.
This contract will be governed by the appropriate laws of the Republic of Korea as well as by international law.

21. Clarification
Any questions, concerns or comments should be directed to the Employer before signing the Contract below.
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DosEquisXX



Joined: 04 Nov 2009

PostPosted: Fri May 30, 2014 4:39 am    Post subject: Reply with quote

nikkyfirefly wrote:
After reviewing the contract and thinking things over I've decided not to go with the 2nd offer (Thanks again DosEquisXX!). So that leaves the previous contract offer that I posted.

I'm sorry to bug but if anyone has the time I would really love some feedback on this contract.

Things I've noticed
-need tax rate specified
-specified private housing
-I don't get sick days until after 6 months
-If I miss a day I get a 20,000 won deduction


I get bored easily. So why not do this?

The employer hires the teacher and both parties agree on the following terms and conditions.

Quote:

2. Employee’s Duties
!

Quote:
c. All the classroom should be cleaned and organized after each class.


Because they're too cheap to hire a janitor.

Quote:
f. While conversing with students, the Employee will speak slowly, clearly and loudly.

i. The Employee will only use educational words with the students and refrain from colloquialisms, vulgar language and slang.


wtf is this Orweillian crap? Telling you how to speak English to the students? Are they going to tell you how to take a crap next?


Quote:
3. Scheduling
Quote:
a. Kindergarten classes are 30 and 40 minutes in length beginning at 9:50am ending at 2:25pm respectively. Elementary classes are 40 and 50 minutes in length beginning at 2:35pm, 3:20pm, 4:10pm, 5:05pm, 6:00pm ending at 3:20pm, 4:05pm, 5:00pm, 5:55pm, 6:50pm, 7:45 p.m.
respectively. The Employee will finish her teaching schedule at 6:50 p.m. once a week, 6:00 p.m. twice a week and 7:45p.m. twice a week.
There will be no classes on weekends and national holidays.


For the elementary classes, there are 5 starting times but 6 ending times.

Quote:
d. Sixty (60) minute classes fulfill one (1) contractual hour
e. The number of regular teaching hours will be 30 hours per one week.


Do these both mean the same thing? Do you know if you'll be teaching kindergarten or elementary/middle school? Schedule leaves possibility for split shifts and you may end up teaching way more than 30 classes/week. Try to get a more concrete schedule or ask a teacher what their schedule is.



Quote:
4. Salary, Insurance, Pension and Tax.

Quote:
j. Teaching salary will commence from the first day of teaching. When an employee is absent from scheduled teaching duties, salary will be deducted according to the employee’s overtime rate. Deduction in accordance with Korean income tax and National Pension Plan regulations shall be withheld from monthly salary payments.


Should be deducted from your normal hourly rate, not OT rate.

Quote:
k. Employer will pay 50% of the teacher's insurance premium and the employee will pay the remaining 50%. The average premium will be in the range of 2% of and be deducted from the monthly salary.


Get the insurer specified.

Quote:
m. Income tax will be also deducted from teacher's salary as set forth by Korean law(3-5%).


Too high.

Quote:
n. Orientation and Training: Employee is required to undertake orientation and training before commencing teaching. The period of training and orientation is about up to 5 days. 70% of the regular teaching salary will be paid for the period of orientation and training


Should be paid in full.



Quote:

5. Working hours & Responsibilities of Teacher

a. During the term of this contract, the teacher shall be required to work from Monday through Friday. The working hours, defined as the hours the teacher should remain at BLANK including lunchtime and preparatory time shall be from 9:30am to 6:50pm(on Monday to Friday). These working hours may be subject to change according to the employer's situation. However, the maximum teaching hours, which means teaching time for classes, 30 hours per week will be kept. In the case of exceeding 30 hours per week for teaching time, not working time, overtime will be paid at 20,000 won per hour.


That's an awfully long work day. Also total BS to be forced to remain at your workplace even during lunch. Some things (like going to the bank) can only be done Monday to Friday during the day.

Quote:
c. Special Events that might be held on Saturdays do not count as overtime.


They should be. Expect all of these special events to be held on Saturday.

Quote:
6. Transportation
c. If the teacher leaves within 12 months he/she has to inform the Employer 3 months in advance and will reimburse the full cost of the flight ticket, all travel expenses, insurance premiums and all costs associated with recruiting for the teacher.


Insurance premiums and recruiting fee? No.

Quote:
7. Visa.
The employee will pay costs associated with obtaining the Korean working visa and health check.


No.

Quote:
8. Overtime
a. Overtime is based on weekly working hours spent actively in the classroom or on BLANK sponsored student field trips.(Field trip would be considered as 2 teaching hours) For any additional hours worked(Only teaching hours in excess of the given teaching hours by the employer will be paid overtime), the Employee will receive 20,000 Won per hour (one teaching hour is Sixty(60) minutes).


Unless a field trip is only 2 hours long, it should count for the same time as regular classes.

Quote:
13. Lunch
Lunch will be offered from Monday to Friday. The employee is only obliged to have lunch with students at least twice a week.


Only? One day a week is already too much for me. Your only break time and you have to spend it with students? Ugh.

Quote:
15. Special Leave.
a. The teacher, after completing six months of employment, can be entitled to have 3 days of special leave.


This is sick days and bereavement/marriage leave combined. Better pull a runner if a family member dies.

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

This contract pretty much nickel-and-dimes you to death. If you can handle that (I couldn't), then get a few things fixed and clarified and you're good to go.
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samu9170



Joined: 09 May 2014

PostPosted: Sun Jun 01, 2014 6:05 am    Post subject: Reply with quote

.

I. EMPLOYMENT OF TEACHER
1. Within the parameters of Korean Labor Laws, The Employer hereby employs The Teacher to teach ESL classes under the terms and conditions set forth here in this Agreement.
2. Within the parameters of Korean Labor Laws, The Teacher hereby accepts employment from the Employer to teach ESL under the terms and conditions set forth here in this Agreement.

II. QUALIFICATIONS
The Teacher must be judged qualified to teach and be able to submit all the necessary documents required by the hiring procedure of the Institute. The minimum qualification is 4-year undergraduate degree from an accredited institution in an English-speaking country.

III. PLACE OF EMPLOYMENT
The Place of Employment will be, # 786-15, LCI KIDS CULB building, Yoksam-dong, Kangnam-gu, Seoul, Korea which include LCI and ILT center.

IV. COMPENSATION AND OTHER TREATMENT OF TEACHER
1. Salary
The Employer will pay the Teacher 2.2million Won per month for 130 teaching hours per session of 20 school days. This wage is provided as compensation for all services rendered, including all class preparations, related class work, and reports that might be required in addition to working hours.. This salary will be paid on the 5th day of every month. The Teacher will be paid 60,000won for each weekday training, and 40,000won for Saturday training for the first month. The basic salary will be paid from the actual teaching starting date. Korean income tax will be deducted from the Teacher’s salary which will be about 3.3%~6.5%. The Teacher’s salary determines the actual amount to be deducted as per Korean labor laws and government directives. At the end of May, the teacher will have to report tax for the tax adjustment.

2. Working hours
 Working hours are from 9:30AM ~ 7:00PM Monday to Friday and there are no classes on Saturdays except for the PTC and Workshop.
 Within the working hours until 7, the teacher must use at least 2 break times per week for class preparation at school, and if the teacher has more break times than two, and has no class after 5:30PM, the Teacher may leave the school for one or two times a week if the teacher is not assigned any work to fill 130 teaching hours and is finished with preparation for his/her classes. And the class prep time will be designated by the supervisor. In the case the teacher is found by the supervisor that the class preparation work for his/her classes was not enough, she/he will not be granted to leave early.
 The schedule for the teacher will be decided by the Program Director.
 Within the working hours, class schedule can change any time.
 When the teacher is scheduled for less than 130 teaching hours per teaching term, special assignments will be given to make up for 130 teaching hours under the supervision of supervisor at school.
 PTC might be scheduled on Saturdays depending on the school schedule.
 There are 2 or 3 days of workshops out of session in a year and the teacher is required to attend these workshops. No extra payment will be made for these workshops.

3. Overtime
Any time worked over 130 hours per teaching term (session) is deemed overtime. Overtime will be paid at the rate of 20,000won per hour. Only classroom contact hours in excess of over 130 hours per session approved by the Program director are considered overtime. Attendance at any scheduled workshops, staff meetings, counseling for feedback, preparation for class, editing students’ work, lesson planning, writing evaluation reports, workshop, etc. are not considered overtime or teaching hours.

4. Vacation
The teachers will receive six-consecutive days for summer vacation and another six-consecutive-day for winter vacation including Saturday and Sunday or holidays as scheduled by the school. However, the vacation schedule can change when there’s a situation.

5. Housing
The Employer will select and provide furnished living accommodations for the Teacher.
LCI Academy will provide the teacher with an apartment in LCI House building where other LCI teachers reside. Furnishings provided by LCI academy include: a kitchen table and a chair, a stove, a refrigerator, an air conditioner, a washing machine and a bed. Other than above items are to be purchased by the Teacher if necessary. The cost of monthly service such as management fee, and the cost of utilities such as the cost of consumption goods and the bills for the accommodation provided will be paid by the teacher. It is the Teacher’s responsibility to maintain the apartment and to pay for any damages or replacing items while living there. The Teacher is required to follow housing rules.

6. Transportation and Travel expenses
. The teacher will be provided an one-way economy class ticket from the point of hire (limited to North America) to Korea. If the Teacher completes the full one year, the Employer will provide the Teacher with one-way economy class ticket from Korea to the point of hire at the time of termination of employment or 700,000 Won in cash. (When the teacher wants a specific time or date for her/his ticket, and if this causes any difference in price, the teacher should pay the difference.)

7. Severance pay
Severance pay, equivalent to one-month’s basic salary, will be provided to the Teacher upon completion of the one-year contract period.

8. Medical Insurance
The Teacher will have a private insurance plan. LCI Academy and the teacher will pay each half of the premium to enroll the plan.
9. Medical Examination
Once the Teacher arrives in Korea, the Teacher should get a medical examination including HIV and drug tests at the designated hospital by the Korean Immigration regulations. The result should be clean otherwise the teacher will be deported. The employer will pay half of the cost for the basic examination, and the teacher will pay the other half. If the teacher is required of any additional tests, the teacher will pay the cost.

V. DUTIES OF THE TEACHER
1. During the term of this agreement, the Teacher will accept, obey, and comply with any instructions, supervision, training and discipline of the Program director and the academic supervisor.
2. During the term of this Agreement, The Teacher should respect and follow the rules and standards of conduct of LCI Academy (written, verbal and tacit) at all times.
3. The teacher should always prepare for the lessons in advance as the teacher will get trained during the teacher training and do assigned work under the supervision of a supervisor.
4. The teacher should make every effort to follow and improve teaching skills to be an efficient teacher as the school requires.
5. The Teacher is required to submit all the necessary academic and administrative documents in time.
6. Teacher must inform the Program director or Academic coordinator of any necessary changes in classroom or hours.
7. The Teacher shall not accept any outside employment whatsoever, without specific written permission from the Employer.
8. The Teacher is required to be punctual, reliable and most of all professional in representing LCI Academy.
9. The dress code at school is smart casual; Male teachers are required to dress up with a shirt and tie.(Casual styled clothes such as jeans, shorts, mini skirts, running suits, low cut tops, tank tops, and flip flops are not allowed).
10. The Teacher must not make public information that the Teacher obtains at the institute, while employed or subsequently.
11. The teacher should respect and follow the rules and standards of conduct of LCI Academy (written, verbal and tacit) at all times, referring to the separate paper of teacher’s duty.

VI. SALARY DEDUCTIONS
1. In case of an absence, the amount equivalent to 1/20 of one-month salary will be deducted from the Teacher's salary and in case of being late or early leaving, the amount equivalent to 15,000won times the actual missing working hours for the day will be deducted from the Teacher’s salary.
2. The Teacher needs to be punctual to work. Three late arrivals or two early leaves will count as one absence.
3. If the Teacher fails to complete the contract through his or her own fault, the Teacher shall pay back the total amount paid by the employer for the airplane ticket or the amount the teacher received if the teacher had received money instead of an air ticket.
4. In case the Teacher is detected with HIV, or any drugs which are not approved by the Korean Immigration Office for E2 visa holders from the medical examination, the Teacher will pay back all expenses to LCI. The Expenses are the paid air fare and medical examination fee, and the premium for the medical insurance paid by the employer.
.
VII. RENEWAL OF CONTRACT
The Employer and the Teacher may renew the contract for the period of one year when both parties are mutually agreed.
VIII. TERMINATION OF CONTRACT
Employer will have the right to dismiss the teacher for clear and/or frequent neglect of duties or incompetence which includes that from sickness. Prior to any such dismissal, the teacher will be warned of dissatisfaction with performance. Employer reserves the right to terminate this contract for the cause with written notification sixty days in advance, and for serious cause without notice. If the teacher needs to terminate the contract, the Teacher should give written notification ninety days in advance. In the event of termination of contract, employer will not provide a letter of release to the teacher unless the employer is negotiated otherwise.

IX. EMPLOYER PROPERTY
The Teacher must not take following items out of LCI or must not remove any housing items and should return them to the original place until the date the teacher is asked to do so:
1. All the things that Employer has rented or lent to the Teacher.
2. Teaching materials and reference books owned by the Employer.
3. Any other property owned by the Employer.
4. Any housing furniture including kitchen utensils, electronic appliances owned by the Employer.

X. PERIOD OF EMPLOYMENT
The period of employment under this contract is from August 28, 2014 to August 31, 2015.
The contract period will start from the actual teaching day, and training days will not be included .as the contract period. If the contract ends within a monthly term, the teacher will agree to work until the last teaching day of that term.

Employee’s full name (print):

Employee’s signature: _______________________________Date:

Employer’s full name (print): Chull-Jin Kim

Employer’s signature: _______________________________Date I


Last edited by samu9170 on Mon Jun 02, 2014 11:12 am; edited 2 times in total
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RangerMcGreggor



Joined: 12 Jan 2011
Location: Somewhere in Korea

PostPosted: Sun Jun 01, 2014 6:24 pm    Post subject: Re: LCI Yeoksam, Gangnam Reply with quote

Remove the information that state who the employer is. You can get in trouble.

samu9170 wrote:

I. EMPLOYMENT OF TEACHER
1. Within the parameters of Korean Labor Laws, The Employer hereby employs The Teacher to teach ESL classes under the terms and conditions set forth here in this Agreement.
2. Within the parameters of Korean Labor Laws, The Teacher hereby accepts employment from the Employer to teach ESL under the terms and conditions set forth here in this Agreement.

II. QUALIFICATIONS
The Teacher must be judged qualified to teach and be able to submit all the necessary documents required by the hiring procedure of the Institute. The minimum qualification is 4-year undergraduate degree from an accredited institution in an English-speaking country.

III. PLACE OF EMPLOYMENT
Blah blah

IV. COMPENSATION AND OTHER TREATMENT OF TEACHER
1. Salary
The Employer will pay the Teacher 2.2million Won per month for 130 teaching hours per session of 20 school days. This wage is provided as compensation for all services rendered, including all class preparations, related class work, and reports that might be required in addition to working hours.. This salary will be paid on the 5th day of every month. The Teacher will be paid 60,000won for each weekday training, and 40,000won for Saturday training for the first month. The basic salary will be paid from the actual teaching starting date. Korean income tax will be deducted from the Teacher’s salary which will be about 3.3%~6.5%. The Teacher’s salary determines the actual amount to be deducted as per Korean labor laws and government directives. At the end of May, the teacher will have to report tax for the tax adjustment.

That is a shitton of hours for low work. You will burn out. Oh, you should be paid full when you start working. None of this lower pay bullshit.

2. Working hours
 Working hours are from 9:30AM ~ 7:00PM Monday to Friday and there are no classes on Saturdays except for the PTC and Workshop.
 Within the working hours until 7, the teacher must use at least 2 break times per week for class preparation at school, and if the teacher has more break times than two, and has no class after 5:30PM, the Teacher may leave the school for one or two times a week if the teacher is not assigned any work to fill 130 teaching hours and is finished with preparation for his/her classes. And the class prep time will be designated by the supervisor. In the case the teacher is found by the supervisor that the class preparation work for his/her classes was not enough, she/he will not be granted to leave early.
 The schedule for the teacher will be decided by the Program Director.
 Within the working hours, class schedule can change any time.
 When the teacher is scheduled for less than 130 teaching hours per teaching term, special assignments will be given to make up for 130 teaching hours under the supervision of supervisor at school.
 PTC might be scheduled on Saturdays depending on the school schedule.
 There are 2 or 3 days of workshops out of session in a year and the teacher is required to attend these workshops. No extra payment will be made for these workshops.

Way too long day, too many classes and unpaid mandatory OT.

3. Overtime
Any time worked over 130 hours per teaching term (session) is deemed overtime. Overtime will be paid at the rate of 20,000won per hour. Only classroom contact hours in excess of over 130 hours per session approved by the Program director are considered overtime. Attendance at any scheduled workshops, staff meetings, counseling for feedback, preparation for class, editing students’ work, lesson planning, writing evaluation reports, workshop, etc. are not considered overtime or teaching hours.

That is pretty crappy OT rate not like you'd ever get it with the hours and longlist of exceptions.

4. Vacation
The teachers will receive six-consecutive days for summer vacation and another six-consecutive-day for winter vacation including Saturday and Sunday or holidays as scheduled by the school. However, the vacation schedule can change when there’s a situation.

Wait... so is Saturday and Sunday part of those six days or are they separate?

5. Housing
The Employer will select and provide furnished living accommodations for the Teacher.
LCI Academy will provide the teacher with an apartment in LCI House building where other LCI teachers reside. Furnishings provided by LCI academy include: a kitchen table and a chair, a stove, a refrigerator, an air conditioner, a washing machine and a bed. Other than above items are to be purchased by the Teacher if necessary. The cost of monthly service such as management fee, and the cost of utilities such as the cost of consumption goods and the bills for the accommodation provided will be paid by the teacher. It is the Teacher’s responsibility to maintain the apartment and to pay for any damages or replacing items while living there. The Teacher is required to follow housing rules.

Single housing. None of this shared bullcrap.

6. Transportation and Travel expenses
. The teacher will be provided an one-way economy class ticket from the point of hire (limited to North America) to Korea. If the Teacher completes the full one year, the Employer will provide the Teacher with one-way economy class ticket from Korea to the point of hire at the time of termination of employment or 700,000 Won in cash. (When the teacher wants a specific time or date for her/his ticket, and if this causes any difference in price, the teacher should pay the difference.)

7. Severance pay
Severance pay, equivalent to one-month’s basic salary, will be provided to the Teacher upon completion of the one-year contract period.

8. Medical Insurance
The Teacher will have a private insurance plan. LCI Academy and the teacher will pay each half of the premium to enroll the plan.

Only government. No private.

9. Medical Examination
Once the Teacher arrives in Korea, the Teacher should get a medical examination including HIV and drug tests at the designated hospital by the Korean Immigration regulations. The result should be clean otherwise the teacher will be deported. The employer will pay half of the cost for the basic examination, and the teacher will pay the other half. If the teacher is required of any additional tests, the teacher will pay the cost.

V. DUTIES OF THE TEACHER
1. During the term of this agreement, the Teacher will accept, obey, and comply with any instructions, supervision, training and discipline of the Program director and the academic supervisor.
2. During the term of this Agreement, The Teacher should respect and follow the rules and standards of conduct of LCI Academy (written, verbal and tacit) at all times.
3. The teacher should always prepare for the lessons in advance as the teacher will get trained during the teacher training and do assigned work under the supervision of a supervisor.
4. The teacher should make every effort to follow and improve teaching skills to be an efficient teacher as the school requires.
5. The Teacher is required to submit all the necessary academic and administrative documents in time.
6. Teacher must inform the Program director or Academic coordinator of any necessary changes in classroom or hours.
7. The Teacher shall not accept any outside employment whatsoever, without specific written permission from the Employer.
8. The Teacher is required to be punctual, reliable and most of all professional in representing LCI Academy.
9. The dress code at school is smart casual; Male teachers are required to dress up with a shirt and tie.(Casual styled clothes such as jeans, shorts, mini skirts, running suits, low cut tops, tank tops, and flip flops are not allowed).
10. The Teacher must not make public information that the Teacher obtains at the institute, while employed or subsequently.
11. The teacher should respect and follow the rules and standards of conduct of LCI Academy (written, verbal and tacit) at all times, referring to the separate paper of teacher’s duty.

VI. SALARY DEDUCTIONS
1. In case of an absence, the amount equivalent to 1/20 of one-month salary will be deducted from the Teacher's salary and in case of being late or early leaving, the amount equivalent to 15,000won times the actual missing working hours for the day will be deducted from the Teacher’s salary.
2. The Teacher needs to be punctual to work. Three late arrivals or two early leaves will count as one absence.
3. If the Teacher fails to complete the contract through his or her own fault, the Teacher shall pay back the total amount paid by the employer for the airplane ticket or the amount the teacher received if the teacher had received money instead of an air ticket.
4. In case the Teacher is detected with HIV, or any drugs which are not approved by the Korean Immigration Office for E2 visa holders from the medical examination, the Teacher will pay back all expenses to LCI. The Expenses are the paid air fare and medical examination fee, and the premium for the medical insurance paid by the employer.

Alot of illegal deductions here
.
VII. RENEWAL OF CONTRACT
The Employer and the Teacher may renew the contract for the period of one year when both parties are mutually agreed.
VIII. TERMINATION OF CONTRACT
Employer will have the right to dismiss the teacher for clear and/or frequent neglect of duties or incompetence which includes that from sickness. Prior to any such dismissal, the teacher will be warned of dissatisfaction with performance. Employer reserves the right to terminate this contract for the cause with written notification sixty days in advance, and for serious cause without notice. If the teacher needs to terminate the contract, the Teacher should give written notification ninety days in advance. In the event of termination of contract, employer will not provide a letter of release to the teacher unless the employer is negotiated otherwise.

IX. EMPLOYER PROPERTY
The Teacher must not take following items out of LCI or must not remove any housing items and should return them to the original place until the date the teacher is asked to do so:
1. All the things that Employer has rented or lent to the Teacher.
2. Teaching materials and reference books owned by the Employer.
3. Any other property owned by the Employer.
4. Any housing furniture including kitchen utensils, electronic appliances owned by the Employer.

X. PERIOD OF EMPLOYMENT
The period of employment under this contract is from August 28, 2014 to August 31, 2015.
The contract period will start from the actual teaching day, and training days will not be included .as the contract period. If the contract ends within a monthly term, the teacher will agree to work until the last teaching day of that term.

Employee’s full name (print):

Employee’s signature: _______________________________Date:

Employer’s full name (print): Chull-Jin Kim

Employer’s signature: _______________________________Date


The hours alone makes this a pass. You'r going to get burned out on this schedule and there are of plenty of other issues. Hell, where the heck is pension?[/b]
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Shawn d



Joined: 08 May 2014

PostPosted: Sun Jun 01, 2014 10:08 pm    Post subject: Reply with quote

This EMPLOYMENT AGREEMENT has been made this ____ by and between ----------------having its office at _ (hereinafter referred to as "employer"); and ___________________, a citizen of ___ _____ whose address is ___________ (hereinafter referred to as "employee").


1.0 Employer and employee agree to the following:

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 ( X ) and finishes on the last teaching day of the last teaching month covered under this agreement.


2.0 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 100/hr (150-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.


3.0 Compensation and Other Treatment of Employee

3.1 Salary: The monthly salary will be 2,000,000 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.(During 2013.08.01~2014.07.31) contract Overtime payment is made at the rate of 15,000 Won per 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 will 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). On completion of the (12-session) full contract period, 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. In the event that the employee continues employment under a subsequent employment agreement with employer, the return air ticket will be provided at the time of completion of the subsequent contract period(s). 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 Holidays and Vacation: Employee will be entitled to observe all regular scheduled 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)
3.5 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.
3.6 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 those covered by medical insurance.


4.0 Housing

4.1 Employer will provide semi-furnished private bedroom, kitchen, and bathroom for employee.. Furnishings provided to each employee include: a bed, a dresser, and a fan, a kitchen table and chairs, two-burner gas hotplate, a refrigerator, a telephone, a television, and a washing machine 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 an employee is the sole occupant of a double occupancy accommodation, provided by employer, he/she will be responsible for the above mentioned expenses.
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.


5.0 Dismissals or Voluntary Resignation

5.1 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.
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.


6.0 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.







7.0 Jurisdiction

7.1 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.

7.2 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.




_____________________________ __________________________
Employer Employee


___________________ _________________
Date Date
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