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THE CONTRACT REVIEW THREAD: Post yours here for a review
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samu9170



Joined: 09 May 2014

PostPosted: Mon Jun 02, 2014 11:16 am    Post subject: Re: LCI Yeoksam, Gangnam Reply with quote

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


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]


Thanks for the help. That's what I thought but I received a positive review from a teacher who works there currently and has for the last four years so I was being optimistic, although I know you can't always trust that those emails are legit either.
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DosEquisXX



Joined: 04 Nov 2009

PostPosted: Wed Jun 04, 2014 12:17 pm    Post subject: Reply with quote

Shawn d wrote:


2.0 Duties

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.


Get paid for training and orientation if it is outside working hours.

3.0 Compensation and Other Treatment of Employee

Quote:
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...Overtime payment is made at the rate of 15,000 Won per actual teaching hour.


While the pay is below the standard, your hours (100/month) are below the standard 120/month, meaning that you actually get paid more per hour than somebody getting 2.2M won for 120 hrs/month.

The OT rate is horrible. It's actually 25% lower than your hourly rate.

Quote:
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.


Training should be paid in full.

Quote:
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.


Accept NHIC plan only.


Quote:
4.0 Housing
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.


Specify your preference between shared and single housing.


Quote:
6.0 Covenants

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.


Either don't create anything original or get this removed. Probably the former.

This isn't a particularly bad contract. I'd get the above changes made and an idea on what your scheduled hours will be.
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MackieO



Joined: 22 May 2014

PostPosted: Fri Jun 06, 2014 9:27 am    Post subject: First Timer Reply with quote

This contract seems really simple compared to some others but I spoke to currently and formerly employed NETs and they are vouching for it. The benefits aren't GREAT, most notably, they don't cover airfare... but the school seems really laid back, has very small class sizes and my gut says I would be happy there. School is in Jeju. About me = BA and CELTA but no experience.

Employment Contract
1. Contract period
-- 1. The period of this contract is from the 1st of September, 2014 and will end on the 31st of August, 2015.
--2. Party B must inform Party A of whether to renew the contract or not two months prior to the end of the contract, and the contract may be renewed at that time by mutual agreement.

2. Salary
--1. Party A will pay a monthly salary of 2.2 Million Won to Party B
--2. Party B should pay income tax, medical insurance and Korean national pension as required by Korean law. Party A will pay half of party B's medical insurance and Korean national pension. A total of 197,090 won will be deducted from party B's monthly salary for the income tax, medical insurance and Korean national pension.
--3. On completion of 1 year contract, party B will receive the amount of one month's salary (2,200,000 won) as severance pay.
--4. Party B's salary will be paid on 5th of each month.

3. Working hours
--1. Party B is required to teach a maximum of 30 teaching hours (1800 minutes) per week from Monday to Friday. Working hours will be between 9am to 5pm. Normally 5 40-minute classes for kindergarten students and 2 50-minute classes for elementary students.
--2. Classes and teaching hours are subject to change in accordance with the needs of party A within 9am to 5pm and 30 hours a week.

4. Accommodations
--1. Party A will provide party B with a furnished studio apartment and pays party B's monthly rent and deposit. Party B pays her utility bills and maintenance fee. All personal convenience like cable and internet can be installed by party B's expense.
--2. Party B will pay a housing damage deposit of 450,000 won and will be paid back to party B on the day party B leaves the apartment. However, damage deposit can be exempted by party A's judgement.

5. Holidays and sick leave
--1. All national holidays will be paid days off
--2. Party B can take 10 days of paid holidays over the contract. 5 days in the summer and 5 days in the winter during the school's vacation schedule.
--3. Party B can take 3 sick days throughout the course of the contract only if party B is legitimately sick, yet party B should make every effort to contact party A to allow for appropriate rescheduling. Party B should also obtain a note from a Korean hospital/clinic that explains her illness. Classes missed due to non medical reasons, unverifiable medical conditions or without advance warning to party A will result in a deduction from party B's salary and a written warning, which can be used to terminate the contract. If party A is sick over 3 days, salary will be deducted on a prorated basis. Example: Salary 2,200,000 won/20 days = 110,000 won deducted each additional day taken due to illness above the 3 paid.

6. Medial insurance
--1. Party A agrees to pay 50% of the medical insurance monthly premiums as per Korean law. Party B's medical insurance premium of 50% will be deducted from party B's salary.
--2. Dental and pre-existing conditions (disease) are not covered int his insurance.

7. National pension
--1. Party A will contribute half of the national pension plan deduction for party B pursuant to the National Pension Corporation Act of Korea. Party B matches this contribution each month. American or Canadian employees are eligible for a pension distribution refund if she/he submits the required documents to the Korean National Pension Corporation when she/he leaves Korea after the completion of his/her contract.

8. Party A's obligations
--1. Party A will introduce to Party B, the party A's school policies and regulations concerning working conditions.
--2. Party A will provide party B with necessary working and living conditions.
--3. Party A will help party B as best as possible with any problems, including personal difficulties living in Korea.

9. Party B's obligations
--1. Party B is not allowed to work for any other organization including private tutoring without party A's prior consent.
--2. Korean law stipulates that no full-time teacher may work at two or more institutions at the same time. Failure to observe this regulation will result in immediate dismissal.
--3. Without party A's consent, party B will not render service elsewhere or hold concurrently any post unrelate to the work agreed on with party A.
--4. Party B is responsible for the implementation of the school curriculum, grading, and evaluation, and attending occasional teachers' meetings.
--5. Party B must behave i a professional manner during class.
--6. Party B can be required to interview new students, and evaluate their placement levels.
--7. If party B is more than 10 minutes late without prior notification, one hour of pay may be deducted. Constant being late without specific reasons will result in immediate dismissal.
--8. Party B should be willing to cooperate with Korean staff. Korean staff will be with party B in the classroom during the first and last classes of the kindergarten and may help party B anytime on party B's request.

10. Resignation
--1. In the case of party B's resignation, which must be notified at least two months in advance, the contract between party A and party B will be terminated.
--2. In the case of party B's resignation without two-months prior notice, party A will not pay Party B's last month's salary.

11. Dismissal: The employer may dismiss the employee under the following conditions
a. violation of the laws of the Republic of Korea
b. teaching classes while under the influence of drugs or alcohol
c. being late for class on a continuous basis
d. repeated absences without a valid reason
e. verbal abuse or aggressive actions toward students and co-workers
f. if any of the information provided in party B's application is neither true nor accurate.
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DosEquisXX



Joined: 04 Nov 2009

PostPosted: Fri Jun 06, 2014 12:31 pm    Post subject: Re: First Timer Reply with quote

MackieO wrote:

2. Salary
--1. Party A will pay a monthly salary of 2.2 Million Won to Party B
--2. Party B should pay income tax, medical insurance and Korean national pension as required by Korean law. Party A will pay half of party B's medical insurance and Korean national pension. A total of 197,090 won will be deducted from party B's monthly salary for the income tax, medical insurance and Korean national pension.


So they are deducting 8.95% off the top of your salary.

Pension/healthcare is 4.5%. That means they're deducting 4.45% for income tax which is way too high. They're definitely keeping a piece of what they're deducting.

Quote:
3. Working hours
--1. Party B is required to teach a maximum of 30 teaching hours (1800 minutes) per week from Monday to Friday. Working hours will be between 9am to 5pm. Normally 5 40-minute classes for kindergarten students and 2 50-minute classes for elementary students.
--2. Classes and teaching hours are subject to change in accordance with the needs of party A within 9am to 5pm and 30 hours a week.


Where's the OT rate?

Quote:
6. Medial insurance
--1. Party A agrees to pay 50% of the medical insurance monthly premiums as per Korean law. Party B's medical insurance premium of 50% will be deducted from party B's salary.
--2. Dental and pre-existing conditions (disease) are not covered int his insurance.


Clarify the insurer (should be NHIC) in the contract.

Quote:
9. Party B's obligations
--7. If party B is more than 10 minutes late without prior notification, one hour of pay may be deducted. Constant being late without specific reasons will result in immediate dismissal.


Illegal deduction.

Quote:
10. Resignation
--1. In the case of party B's resignation, which must be notified at least two months in advance, the contract between party A and party B will be terminated.
--2. In the case of party B's resignation without two-months prior notice, party A will not pay Party B's last month's salary.


So if you plan to leave without 2 months notice, better make it a midnight run.

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

If you're willing to sacrifice flight reimbursement, then this isn't too bad. You have to get the OT rate, health insurance provider, and apartment furniture/amenities provided by the employer included in the contract. Might want to get that tax rate fixed too.
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ontheway



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

PostPosted: Sat Jun 07, 2014 8:11 am    Post subject: Re: First Timer Reply with quote

DosEquisXX wrote:
MackieO wrote:

2. Salary
--1. Party A will pay a monthly salary of 2.2 Million Won to Party B
--2. Party B should pay income tax, medical insurance and Korean national pension as required by Korean law. Party A will pay half of party B's medical insurance and Korean national pension. A total of 197,090 won will be deducted from party B's monthly salary for the income tax, medical insurance and Korean national pension.


So they are deducting 8.95% off the top of your salary.

Pension/healthcare is 4.5%. That means they're deducting 4.45% for income tax which is way too high. They're definitely keeping a piece of what they're deducting.



Reading more carefully we can see that the 197,090 won includes health insurance. Since the employer says they will cover National Pension, there is no reason to presume that this is not the National Health Insurance, since they are linked.

This means 4.5% for Pension
slightly less than 3% for Health Insurance
leaving a bit under 1.5% for income taxes

So this section is about what it should be. A good sign.

But ...

There is no airfare mentioned in the contract. It isn't required, but if you have to pay your own airfare to Korea and back that's worth 150 to 250 K won per month , depending on where you're from. In the OP's case, she states that airfare is not covered. In general, if they are going to pay your airfare, you should make sure it's in the contract. No airfare is a good reason to pass.

With airfare not included, the financial package at this school is very low. Don't forget that you also have long hours 1800 minutes divided by short class periods, meaning a lot of potential classes. Too much work for the low pay, even if they were paying your airfare. You will have very long hours at the school, at this very low pay rate - another reason to pass.

No overtime rate in the contract could be an oversight, it could mean that they never have overtime, or it could mean that they just never pay for overtime.

Finally, the threat not to pay the last month's wages if a teacher does not finish the contract is illegal and a very bad sign - a giant red flag. It shows what they really intend. Being illegal doesn't mean that they won't do it. It just means that after a long, upsetting, time consuming fight you might get most of your money - not worth it. So, unless there is some really good reason to take this job - (Is it really worth making 400k won less per month, plus losing a month's pay at the end, just to be on Jeju?) - I'd pass based on this threat alone.
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DosEquisXX



Joined: 04 Nov 2009

PostPosted: Sun Jun 08, 2014 5:47 am    Post subject: Reply with quote

Thanks for the corrections.

Anyway, I think these deductions are becoming so common that it is hard to discard an academy based solely on that. All but maybe a couple of contracts I've seen here have no punitive clauses. Thankfully, this punitive clause are less likely to be a factor and can easily be avoided with careful planning should you have to leave less than 2 months in advance.

In general, the contracts I've seen have been pretty bad. None of them have made me think, "Oh wow this is a great contract! No adjustments needed!" If you want to go to Korea, it appears that you'll have to pick your battles when it comes to your offers. After all, it's an employer's market which leaves us with little to no bargaining power. Some things you obviously have to take a stand on (healthcare/pension). But small punitive clauses that are incredibly common and unlikely to be activated probably are probably not worth fighting over. It's just the price you have to pay.
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nykwh2



Joined: 06 May 2014
Location: Long Island, NY

PostPosted: Wed Jun 11, 2014 5:17 pm    Post subject: Contract Review Reply with quote

I got offered a job at this school. I am a little weary of the contract though. They sent me a contract before, and when I questioned the health insurance and pension plans (because they weren't stated to be part of the National system) this is the contract I received. What is superannuation? Hm.

Also, please let me know if you see anything else fishy.

The Parties agree as follows:

I.
TERM OF CONTRACT
 
1.
This contract will be valid for a period of 12 months from August 2014 to August 2015.
II.
EMPLOYEE REQUIREMENTS
 
1.
The Employee will act in an appropriately professional manner and be responsible for conducting professional English Language classes.
 
2.
The Employee will be required to work for regularly scheduled hours from Monday through Friday (no Saturday and Sunday except at Employee’s option), 30 hours of teaching per week, or a total of 120 hours per a month.

3.
The Employee is required to attend the events held by The Employer such as workshops, year ending party, retreats, academic seminars, etc.
III.
SERVICES PROVIDED BY THE EMPLOYER
 
1.
PAYMENT
 
1.1
The Employer will pay a monthly salary of 2.1 million won for regularly scheduled hours.
 
1.2
The Employer will pay a monthly salary of 2.1 million won in the event that the Employer is unable to provide the Employee with the regularly scheduled 120 hours per month.

1.3
If the Employee fails to work the regularly scheduled hours due to tardiness, absence, etc.; the monthly payment will be calculated and paid using a daily rate and/or an hourly rate.
The method of calculating daily rate: Monthly salary divided by 30.
The method of calculating hourly rate: Daily rate divided by 6.
 
1.4
The Employer may ask the Employee to work over time (the Employee is expected to cooperate to supply better service to his or her students), and if the Employee chooses to do overtime, the Employer will pay for the overtime at the rate of W 30,000 per hour.
 
1.5
The Employer will pay a monthly salary or the total sum of amount for one full month of work on the 10th of the each month.

1.6
Working times as follows:
Avalon Elementary School Department: 2:00-10:00 PM
Avalon Middle School Department: 3:00-11:00 PM
 
2.
HOUSING
 
2.1
The Employer will provide the Employee a single apartment in a safe environment with certain furniture items (bed, washing machine, gas range, refrigerator, TV, a table suitable for taking meals, fan or air conditioner, some utensils and cookware) and the apartment will be provided at no cost to the Employee with the exception of utilities and phone, cable and internet bills.
 
2.2
The Employee should have the duty preserving the housing and the furniture items provided by the Employer until the termination of this contract. If they are destroyed, the Employee should restore them to the original state or pay the cost needed in purchasing the same level of the substitutes of them.

2.3
The Employer will deduct 200,000 won from each of the Employee’s first three months of pay to make a total of 600,000 won as a housing management deposit. This deposit is to cover any unpaid monthly service or utility bills in the event the Employee fails to pay for any service or goods which she/he used throughout the contract. The Employer will hold the full amount of the deposit until all payable bills are checked to have been paid.
 
3.
AIRFARE
 
3.1
A round-trip airfare (standard economy ticket) from the Employee’s designated city to Korea before departure will be provided only for the Employee who will be fulfilling a 12-month period and who has been hired outside of Korea. This is not applicable if hired within Korea.
If the employee leaves the school before six (6) months, the employee must payback the initial airfare or the employer may deduct the amount of airfare from the teacher's last payment.
 
3.2
In the event when the airfare is paid by the Employee him/herself before departure, the airfare will be reimbursed by the Employer after the issuance of an E-2 Visa from Korean Immigration Office.  The reimbursement is subject only to the Employee who will be fulfilling a 12-month of employment period.
 
4.
LODGING 
 
4.1
The Employer will provide lodging, if necessary, for the Employee’s stay for the orientation and training period at a facility provided by the Employer.
 
5.
HEALTH & PENSION PLAN
 
5.1
National Health Insurance Plan
The Employer will pay 50% of the premium for the Employee’s national health plan, which is provided by the Employer and are administered through the Employer (Participation in a health plan is optional).  The Employee will be responsible for rest of the costs.


5.2
National Pension Plan (Self-managed Superannuation)
At (school), self-managed superannuation pension is possible and he/she will receive a reimbursement of all contributions made by him/herself upon departure from Korea.

 
6.
Severance pay
 
6.1
The Employer will pay severance to the Employee upon completion of contract.  The amount of the severance pay will be the same of a month salary (2.1 million won), and if necessary, applicable government deductions will be subtracted.
 
7.
PAID VACATION
 
7.1
The employee will receive paid vacation of 7 days during the contractual period.
During the aforementioned holidays, the employee’s salary is still paid without any deductions.
 
7.2
The Employee will be paid for all national holidays and not be expected to work during these days otherwise in special occasion for which Employee agrees to work voluntarily.

7.3
Unused vacations will be reimbursed.
 IV.
RENEWAL & TERMINATION OF CONTRACT and DISMISSAL
 
1.
RENEWAL
 
1.1
The Employee must give the Employer a written 45-day notice before renewal or non-renewal of the Employee’s current contract.
 
1.2
Both the Employer and the Employee reserve the option to renew the contract.
 
2.
TERMINATION OF CONTRACT
 
2.1
Both parties will give at least a written 45-day notice prior to the termination date of the contract.
 
2.2
The Employer retains the right to terminate the contract immediately if:
 
a.
The Employee is unable to discharge the responsibilities or meet the conditions such as being late for class on a continuous basis; continuous failure to keep regularly scheduled class hours and repeated absences from classes without a valid reason.
 
b.
The Employee teaches off the Employer’s property.
 
c.
The Employee uses illegal drugs or is intoxicated during work hours.
 
d.
The Employee participates in any type of criminal activity of corruption of public moral that violates the laws of the Republic of South Korea.
 
e.
The Employee receives 3 times of written notice from the Employer.
 
2.3
If, for any reason, the contract is terminated before the full completion of the contract period:
 
a.
The Employee will not qualify for benefits such as severance pay and the airfares.
 
b.
The Employee will be wholly responsible for any utilities/maintenance and phone bills remaining for the duration of their housing lease.
 
2.4

Within 14-days the Employee is required to sign a notice of termination and accompany the employer to the Korean Immigration office to notify the Korean Immigration office of the termination.

3
DISMISSAL
 
 The employer and employee agree that this agreement is fully legal and binding under the laws of the Republic of Korea and may be terminated by the employer at any time should one of the following conditions arise:

a. The employee or any of his/her dependents act in violation of Korean law.
b. The employer discovers that any documents or information provided by the
employee regarding his/her credentials or qualifications for employment has been falsified or deliberately fabricated.
c. The employee’s conduct seriously jeopardizes any student or staff person or has drug, and/or alcoholic problems.
d. The employee is deemed to be incapable of delivering the curriculum in a positive and professional manner.
e. According to the doctor’s diagnosis, the Employee can not continue normal
work.

In addition, the teacher who is dismissed before six (6) months , he/she must payback the incoming airfare and the other recruiter’s arrangement fee or the school may deduct the amount from the teacher’s last month’s pay.
Teacher’s are not allowed to teach private classes outside of the employment without the permission of the employer. Such action grounds for immediate dismissal, in the case, Employer will not pay the teacher the return ticket & severance payment.
Such cases will be determined by the director and the employee will get dismissed after 3 verbal warnings.

V.
VENUE FOR DISPUTES BETWEEN EMPLOYER AND EMPLOYEE

1.
The appropriate laws of the Republic of Korea will govern this contract.  However, while both parties enter into this agreement with total honesty and integrity, disputes may sometimes occur.  In such cases, both parties will be bound by all terms and conditions of this contract and will try to resolve the difference in a civil manner that is fair to both parties.  In the event that no solution can be found for a problem and either party decides to terminate this contract, they must do so in accordance with Section IV, 2 above.  Upon such termination, both parties will agree to remain civil and to speak honestly and fairly about their experiences and not in a disrespectful manner.
VI. 
FULL KNOWLEDGE
 
1.
GOOD FAITH
 
 
The Employer and the Employee will act in good faith toward each other. The Employer will not dismiss the Employee without what reasonably is considered good cause and the Employee will do their utmost to satisfactorily fulfill all the responsibilities and meet all the conditions as described in the above agreement.
 
2.
CHANGES TO CONTRACT
 
 
The Employer and the Employee agree that they have read the entirety of this Employment Contract and no other verbal agreement, statement or promise made on or before the effective date of this contract will be binding on the parties.  Any changes made must be in writing and signed by both parties to be included in this contract.  Any changes made to this contract, whether verbal or other, without the knowledge and written consent of both parties are to be considered invalid, and as such are not parts of this contract.
 
3.
TRANSFERAL OF CONTRACT
 
 
Under no circumstances can the Employer exchange, give, sell, or transfer this contract or the services of the Employee to another party or Institute without the written consent of the Employee.
 
4.
LANGUAGE OF CONTRACT
 
 
The language of this contract is written in English.  For convenience of the employer this contract may be translated into Korean upon request and prior to the signing of this document.  In event of a dispute, the English version of this contract will prevail.
 
5.
 Dress code


At all times during the term of this contract, males should wear ties and females should wear dresses or professional pant suits unless otherwise instructed. At no time will a female employee wear short length skirts or what may be deemed as too provocative as seen by Korean acceptable professional dress.
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samu9170



Joined: 09 May 2014

PostPosted: Thu Jun 12, 2014 7:07 am    Post subject: What do you guys think? Reply with quote

l. Job Position

This contract is entered into for the position of an English Instructor



2. Validity of Contract

This contract become s effective upon the signing of this document by both the Employer and the Employee, in condition that

employee and employer has no legal problem in received the E-2Visa.

This contract supersedes any and all prior agreement s, oral or written , between the parties, any future modifications to this contract must be mad e in writing by an officer or authorized agent of the institute with pre -approval by the deputy employer and executed by the signature of both parties.


3. Period of Employment

The employer from the following dates will employ the employee :

FROM : TO :

Upon mutual agreement, it may be extended , following Korean laws.


The training/orientation will be conducted From: To: and the payment for this period will

be from 20% to 50% of the monthly salary of the employee.



4. Hours of Work I Timetable

The general hours of operation of the Institute are from I :00 pm to 9:00 pm , Monday thru Fridday. and the number of class i s

under 8 classes a day

Each class is considered 50 minute s long with 5-10 minutes break. (If some classes are less th an 50 minute s then total of 1,500 minute s per week is standard set for this institute)
Operation hour will be changed at elementary school vacation time (2rnonths in a year, from 9:00 to 6:00pm, Lunch provided) ‘

Thus, the Instructor i s subject to be scheduled anytime within these hours and days. and occasionally outside of these hour s for

special assignment s (Institute picnics, field trips, etc)

The hours worked per day may change according to the academies need s, but shall not surpass J ,500 minutes a week An y hour s worked over the stated 1,500 minutes shall be considered over time.


5. Overtime

Any work outside of the agreed upon work schedule will be considered overtime. Overtime is allowed , with mutual agreement between employer and employee. The fee is Calculated by day. .


6. Salary

A monthly salary shall be 2.2million Korean won (3.3%Tax will be deducted in accordance with Korean law). The salary will be paid on the 10th day of the following month. Salary pay is not based on weeks but on months of the calendar year.
At the termination of the contract the employee shall be paid hi s final pay and severance, no later than the final day of work.



7. Housing

The Institute agrees to provide a fully furnished apartment or house. Employer is responsible for the payment of the rent but Employee is responsible for paying his/her share of utilities such as maintenance, telephone, Internet , cable, gas, and electricity. lf housing is not needed from the employer, the employer agrees to pay 400,000 each month to the employee for housing allowance.
8. Medical Insurance I Sick days I tardiness notification procedures


The Employer agrees to provide medical insurance for the Employee through the Korean national medical insurance or private insurance company. The Employer agrees to pay fifty (50%) percent of the monthly premium , the Employee is responsible for the other fifty (50%) percent. The Employee ’s portion of the monthly premium is made through a salary deduction each month. Dental and pre-existing conditions are not included.



Sick days are to be used for legitimate illness; thus a note from a doctor must bζ provided. Plus, employee should give notice to employer before 9:00am on that day and give employer enough time to cope with the situation. However , without a note from a doctor, when employee does not complete their duties and responsibilities, not only shall salary be withheld for the mi ssing classes, but also shall the half of the pay for the missing classes be deducted from his salary‘


Tardiness: If the employee is more than 10 minutes late without notification , an hour of pay may be deducted.



9. Holiday and Vacation

There are I0-14 Korean national holiday s per year. The Employee is not required to work on these days. The Employee will be

given a total of 10 working days vacation time. The vacation dates will be set by the Employer.

In case that the employer can not provide paid vacation , the employer must compensate employee for not using the vacation(Calculated by day).


10. Air Ticket
Either an economy-class one-way ticket to South Korea or to the employee ’s home country after the completion of a year contract will be provided by the school.
In the event the employee fails to complete the full contact term, when the airfare is already used by the employer for the employee to fly to South Korea, the employee agrees to reimburse employer the cost of the said airfare. If the employee leaves the school before completing six (6) months of the contract for any reason, the employee must reimburse the school the cost of









the ticket the school has paid for his/het trip to South Korea, the visa process fee and the housing contract violation fee. The
Employer may deduct the equivalent amount off the employee’s last monthly salary payment. If proper notice of leave is given after the 6month term, the employee will not be responsible for the airfare cost, but is still responsible for the other violation foes.


11. Severance payment

An extra bonus payment equivalent to one month salary will be paid at the completion of the one-year contract.



12. Disability

Jn the event that employee cannot perform his duties because of his personal matters and his quick departure, the half of his whole monthly salary will be deducted. In case of his quick leave, employeee should show his booked air ticket to the employer.

13. Employee ’s Duties and Responsibilities

a. Preparation for classes

b. Preparation for one-month class schedule including a daily lesson plan for each class of which employee shall be in charge.
c. Assistance in developing the accredited school’s educational program and materials
d. Attendance in developing the teacher’s meetings , workshops, training sessions etc.

e. Performance, with the best of his abilities and knowledge, his duties requested and specified by the employer for the benefit of the employer.


14. Ending the contract, resignation

The employer has the right to cancel or terminate this agreement if the employee is deemed neglectful of his duties and responsibilities described above.
Both Parties have the right to end the contract, given Three months written notice.



15. Oral Modifications Not Binding.

This instrument is the entire agreement of the employer and the employee . Oral changes have no effect. It may be altered only by a wntten agreement (including e-mail) signed by the party against whom enforcement of any waiver, change, modification , extension or discharge is sought.
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DosEquisXX



Joined: 04 Nov 2009

PostPosted: Thu Jun 12, 2014 2:33 pm    Post subject: Re: What do you guys think? Reply with quote

samu9170 wrote:
l
The training/orientation will be conducted From: To: and the payment for this period will be from 20% to 50% of the monthly salary of the employee.


Well, which is it? Assume that you'll get 20% if you sign here. You should get full pay. Also, how many weeks is training?

Quote:
Thus, the Instructor is subject to be scheduled anytime within these hours and days. and occasionally outside of these hour s for special assignment s (Institute picnics, field trips, etc)


Do you get paid for those extra hours outside of those hours and days? How many of these extra events will occur? Get more information about this.


Quote:
5. Overtime

Any work outside of the agreed upon work schedule will be considered overtime. Overtime is allowed , with mutual agreement between employer and employee. The fee is Calculated by day. .


So, how much per hour?

Quote:
7. Housing

The Institute agrees to provide a fully furnished apartment or house. Employer is responsible for the payment of the rent but Employee is responsible for paying his/her share of utilities such as maintenance, telephone, Internet , cable, gas, and electricity. lf housing is not needed from the employer, the employer agrees to pay 400,000 each month to the employee for housing allowance.


Shared or single? Studio or one bedroom? What amenities are included? Don't want to deal with an unfurnished apartment.

Quote:
8. Medical Insurance I Sick days I tardiness notification procedures

The Employer agrees to provide medical insurance for the Employee through the Korean national medical insurance or private insurance company. The Employer agrees to pay fifty (50%) percent of the monthly premium , the Employee is responsible for the other fifty (50%) percent. The Employee ’s portion of the monthly premium is made through a salary deduction each month. Dental and pre-existing conditions are not included.


NHIC. No private insurance.

Quote:
Sick days are to be used for legitimate illness; thus a note from a doctor must bζ provided. Plus, employee should give notice to employer before 9:00am on that day and give employer enough time to cope with the situation. However , without a note from a doctor, when employee does not complete their duties and responsibilities, not only shall salary be withheld for the mi ssing classes, but also shall the half of the pay for the missing classes be deducted from his salary‘

Tardiness: If the employee is more than 10 minutes late without notification , an hour of pay may be deducted.


Illegal deductions.

Quote:
10. Air Ticket
Either an economy-class one-way ticket to South Korea or to the employee ’s home country after the completion of a year contract will be provided by the school.
In the event the employee fails to complete the full contact term, when the airfare is already used by the employer for the employee to fly to South Korea, the employee agrees to reimburse employer the cost of the said airfare. If the employee leaves the school before completing six (6) months of the contract for any reason, the employee must reimburse the school the cost of the ticket the school has paid for his/het trip to South Korea, the visa process fee and the housing contract violation fee. The
Employer may deduct the equivalent amount off the employee’s last monthly salary payment. If proper notice of leave is given after the 6month term, the employee will not be responsible for the airfare cost, but is still responsible for the other violation foes.


One-way reimbursement? BS deductions? Seems like a nightmare contract.

Quote:
11. Severance payment

An extra bonus payment equivalent to one month salary will be paid at the completion of the one-year contract.


If you take this contract, you will never see that severance.

Quote:
12. Disability

Jn the event that employee cannot perform his duties because of his personal matters and his quick departure, the half of his whole monthly salary will be deducted. In case of his quick leave, employeee should show his booked air ticket to the employer.


No.

This is trash.
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hewieder



Joined: 18 May 2014

PostPosted: Thu Jun 12, 2014 7:11 pm    Post subject: Please review! Thanks Reply with quote

PART 1 EMPLOYMENT AGREEMENT
3. DUTIES OF EMPLOYEE:
3.1 During the term of this Agreement, Employee will accept and strictly comply with instructions, supervision,
training, and discipline of the Academic Supervisor and will carry out such assignments as the Academic
Supervisor directs. These duties will include instruction in any and all phases of the pedagogical program,
administrative duties related to the Employee’s classroom responsibilities, attendance at scheduled staff
meetings and workshops, and any other academic duties as may be assigned by the Academic Supervisor.
These duties related to the Employee’s classroom duties, attendance at scheduled staff meeting and workshops,
and any other duties may be assigned by the Academic Supervisor. The Academic Supervisor is responsible for
establishing Standards of Performance relative to the Employee and is empowered to take all reasonable steps
necessary to assure those standards are met.
2
3.2 During the term of this Agreement, the Employee will be required to perform work assigned him/her by the
Academic Supervisor for 40 hours each week. Workdays are 5 days between Monday to Friday. After 3
months of probationary period, employee is required to teach on Saturday for 2.5 hours from 9:50am to
12:30pm.

3.3 In the event that the teaching classes are less than 20 classes (55 minutes or 60 minutes long per class) each
week, Employee will be required to be on the premises to perform other teaching related duties to meet the
minimum 20 classes each week.

3.4 In addition to the aforesaid 20 classes each week, the Academic Supervisor will have the authority to require
Employee to perform any classroom duties in excess of 20 classes per week (hereinafter called “overtime”).
Only classroom teaching hours in excess of 20 classes per week and approved by the Academic Supervisor are
considered overtime. Overtime during weekdays (M-F) will be compensated at 40,000 KRW per class and
overtime for Saturday will be compensated at 60,000 KRW per hour.

3.5 Dress Code
We require that the employee maintains a professional appearance and our instructors are expected to
dress appropriately. Instructor’s appearance reflects both on the Employee and on the Employer. Wrinkled,
dirty, or torn clothes are unacceptable. Jeans or other casual pants and other such casual clothes are also not
acceptable.

3.5 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.

3.6 Employee understands and agrees that at all times during the term of this Agreement, Employee will strictly
adhere to and obey all laws, regulations, provisions, instructions, and guidance from the Government of Korea
or any local government or officials thereof.

3.7 Employee will be present at the Place of Employment and available to perform regular or special duties as
specified herein above except for those days which are Employee’s regular or assigned holidays, or other day on
which Employee is too ill to attend the Place of Employment.

3.8 Employee, upon arriving at the Place of Employment, will submit his/her passport and official university
diploma to Employer for the registration with the Local Ministry of Education.

3.9 During the three month probationary period, Employee will go through an extensive training period to
acquire necessary skills and Employee must meet certain performance standards to continue after probationary
period. Employer’s expectations of Employee will be made clear at beginning of training. In the event of 3
substandard performance review, Employer has the right to terminate the contract.

3.10 In the event that a teacher is terminated during the probationary period, management will work with that
individual to ease the transition to a position at another school or company, or to their home country and can not
obtain employment within 3 miles of former employer’s location in ------- District and ------- District.

3.11 After the completion of the contract, the employee can not obtain an employment within 3 miles of
former employer’s location in ------- District and ------- District for 12 months. Failure to comply this
contact will result a legal action which requires a penalty reimbursement of 40,000,000 KRW to the former
employer.

4. COMPENSATION AND OTHER TREATMENT OF EMPLOYEE

4.1 Salary
4.1.1 The base salary for the twelve-month period will be 3,000,000 KRW per month. Payment of the
Aforesaid salary will be made in Won. This salary will be paid on the tenth day of each month. Korean income
taxes will be withheld.

4.1.2 Extra Summer and Winter Vacation Class Pay
During the summer and winter vacation period, additional teaching time will be required. Extra pay will be
40,000 KRW per hour for the subject.

4.2 Severance Payment
Dependent upon completion of the full contract; the Employee will be given, exclusive of monthly salary
payments, an additional one month salary of 3,000,000 KRW at the completion of this contract. Korean
severance tax will be withheld.

4.3 Holidays and Vacation
Employee will observe Korean holidays as scheduled by the Employer and detailed in an annual school
calendar. Employer will provide the Employee 10 days of paid vacation during the contract period which is
stipulated in an annual school calendar.

4.4 Housing
Employer will select and provide living accommodations for Employee. The cost of monthly
maintenance fees, as well as utility and telephone charges for the accommodations provided will be paid by the
Employee. The Employer requires a housing deposit of 1,000,000 KRW, which will be automatically withheld
from the Employee’s pay at the rate of 100,000 KRW per month for the first ten months of employment, from
the Employee to cover the miscellaneous expenses due to the premature termination of the contract. A housing
deposit will be returned at the end of the contract. 4

4.5 Health Insurance
Upon Employee’s request, Employer shall provide Employee with medical services under the Medical
Insurance Act of the Republic of Korea in which Employer and Employee share expenses.

4.6 Pension Plan
According the Korean Employment Law, Employer and Employee shall be equally responsible, each at
the rate of 50%, for contributing toward the pension plan.

4.7 Airfare
Employer will reimburse one-way air fare.

5. TERM OF AGREEMENT.
The term of this Agreement shall be twelve full and consecutive months from July 28, 2014 ~ July 27, 2015.

6. DISMISSAL OR VOLUNTARY RESIGNATION
6.1 Employer will have the right to dismiss Employee for neglect, or for unwillingness or inability to meet
conditions of employment as set out under this Agreement. Prior to any such dismissal, Employee will be
warned of dissatisfaction with performance or conduct and will be afforded an appropriate period in which to
remedy the same. Criminal activity or other conduct seriously jeopardizing any student or staff person, or the
reputation of the Employer, will be cause for immediate dismissal and no warning nor time for remedy will be
allotted.
6.2 In the event that the Employee voluntarily resigns prior to the termination of the term of this agreement, the
Employee agrees to give minimum of two months notice in writing.

6.3 In the event that the Employee is dismissed for any of the reasons set forth herein above, or in the event that
the Employee voluntarily resigns prior to the termination of the term of this agreement, the Employee agrees,
and will be obligated to pay the Employer a penalty payment which includes the airfare and recruiting fee for
default on contract, the expenses incurred for hiring the Employee.

7. COVENANTS
7.1 Employee hereby agrees, covenants, and undertakes that at all times during the term of this Agreement or
subsequent to the termination of the Agreement, the Employee will not use the name of the Employer for
business purposes or otherwise and will not represent or hold himself/herself as an authorized representative of
the Employer in Korea.

7.2 Unless otherwise agreed to in writing, the Employee understands and accepts that the rights to use, sell,
distribute, or publish 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- 5
upon lump sum, remain the sole property of Employer.

7.3 Employee hereby agrees not to engage in private tutoring or work for any other employer while under
this Agreement.

8. ASSIGNMENT
Any assignment, attempted assignment, transfer, or attempted transfer of this Agreement or of the
performance of duties and obligations hereunder will immediately terminate this Agreement, unless the parties
hereto expressly agree in writing otherwise.

9. NOTICES
All notice to be given under this Agreement will be given in writing by serving the same upon the
person to whom the notice is addressed personally or by registered mail at the address of such party governed in
this Agreement, or, for Employee once in Korea, at the residence in Korea, as notified to Employer.

10. INDEMNIFICATION CLAUSE
10.1 Employee will indemnify and hold harmless Employer from any damages which Employee may sustain, in
any manner, through the misconduct or negligence of Employee.
10.2 Employee will indemnify and hold harmless Employer and Employer’s representatives from any damages
which Employee may sustain, in any manner, through the refusal by the government of Korea to permit entry
into the republic.

11. WAIVER
The failure of either party hereto at any time to enforce the terms, provision, or conditions of this
Agreement will not be construed as waiver of the same or of the right of such party to enforce the same.

12. GOVERNING LANGUAGE
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 translations thereof.

13. GOVERNING LAW & JURISDICTION
This Agreement will be interpreted according to the internal (domestic) laws of the Republic of Korea.
A competent court in the Republic of Korea will have jurisdiction in regard to any dispute or claim arising out of,
or in connection with, this Agreement. Employer and Employee have executed this Agreement of the date
indicated below. Intending to be legally bound hereto, and IN WITNESS WHEREOF, Employer and
Employee have appended their signatures.

PART 2- OFFICETEL HOUSING
Cleanliness
 Separate your trash into three categories (recyclables, food, and other garbage) and dispose of it
accordingly. It is illegal to not do so, and you could be fined.
 Clean your apartment regularly
 Pets are prohibited
 Smoking is prohibited
Etiquette
 There should be no reason or cause for neighbor’s complaints.
 If you would like to re-arrange the furniture in your apartment in any way, please request
permission from the supervisor.
 Your apartment is for your exclusive use only.
 Any severe interior damage (e.g. wallpaper...) or furniture damage will be monetary
responsibility of the Employee.

Safety & the Environment
 Do not distribute the pin number combination to your door to anyone without permission from
the supervisor.
 Unplug appliances once you leave the apartment.
 Turn off the lights, air conditioner and gas valve upon vacation premises.
 Shut all windows & patio/balcony doors upon leaving.


I have read, understand, and agree to adhere to the guidelines listed above. I also understand that the cost
of any damage which I have caused to the apartment may be deducted from my housing deposit.

PART 3- DRESS CODE
Males must wear a dress shirt, tie, dress pants, and dress shoes.
• Females must wear casual business attire and dress shoes.
• The following are not acceptable:
– Sneakers
– Casual Sandals / Slippers / Flip-flops
– Sleeveless Shirts, T-Shirts
– See-through, Low-cut or Revealing Shirts
– Wrinkled, Dirty, or Torn clothing
– Shorts, Short Skirts, Khaki Pants, or Jeans; Skirts must be knee-length.
– Abnormally-dyed hair (i.e. blue)
– Excessive Jewelry (i.e. multiple earrings, rings, and bracelets)
– More than One Piercing in each Ear Lobe
– Nose or Eyebrow piercings
– Excessive Facial Hair. Men must be Clean-Shaven.
– Visible Tattoos (must be covered up on a daily basis)
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Porksta



Joined: 05 May 2011

PostPosted: Fri Jun 13, 2014 3:56 am    Post subject: Reply with quote

The fact that you have posted the job leads me to believe you are considering it. You should have never gotten that far.

No mention of hours, just mention of total working hours. When are probationary employee you work M-F, but when a full employee you then have to work Saturdays as well? For the same pay?

1 million won housing deposit?

You can opt in to the REQUIRED health insurance?

That is a strict dress code.

They are telling you how to take out your trash?
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DosEquisXX



Joined: 04 Nov 2009

PostPosted: Fri Jun 13, 2014 7:15 am    Post subject: Re: Contract Review Reply with quote

This is an Avalon contract. You can probably research the branch online.

nykwh2 wrote:
I got offered a job at this school. I am a little weary of the contract though. They sent me a contract before, and when I questioned the health insurance and pension plans (because they weren't stated to be part of the National system) this is the contract I received. What is superannuation? Hm.

Also, please let me know if you see anything else fishy.

The Parties agree as follows:

I.
TERM OF CONTRACT
 
1.
This contract will be valid for a period of 12 months from August 2014 to August 2015.
II.
EMPLOYEE REQUIREMENTS
 
1.
The Employee will act in an appropriately professional manner and be responsible for conducting professional English Language classes.
 
2.
The Employee will be required to work for regularly scheduled hours from Monday through Friday (no Saturday and Sunday except at Employee’s option), 30 hours of teaching per week, or a total of 120 hours per a month.

3.
The Employee is required to attend the events held by The Employer such as workshops, year ending party, retreats, academic seminars, etc.
III.
SERVICES PROVIDED BY THE EMPLOYER
 
1.
PAYMENT
 
1.1
The Employer will pay a monthly salary of 2.1 million won for regularly scheduled hours.
 
1.2
The Employer will pay a monthly salary of 2.1 million won in the event that the Employer is unable to provide the Employee with the regularly scheduled 120 hours per month.

1.3
If the Employee fails to work the regularly scheduled hours due to tardiness, absence, etc.; the monthly payment will be calculated and paid using a daily rate and/or an hourly rate.
The method of calculating daily rate: Monthly salary divided by 30.
The method of calculating hourly rate: Daily rate divided by 6.
 
1.4
The Employer may ask the Employee to work over time (the Employee is expected to cooperate to supply better service to his or her students), and if the Employee chooses to do overtime, the Employer will pay for the overtime at the rate of W 30,000 per hour.
 
1.5
The Employer will pay a monthly salary or the total sum of amount for one full month of work on the 10th of the each month.

1.6
Working times as follows:
Avalon Elementary School Department: 2:00-10:00 PM
Avalon Middle School Department: 3:00-11:00 PM
 
2.
HOUSING
 
2.1
The Employer will provide the Employee a single apartment in a safe environment with certain furniture items (bed, washing machine, gas range, refrigerator, TV, a table suitable for taking meals, fan or air conditioner, some utensils and cookware) and the apartment will be provided at no cost to the Employee with the exception of utilities and phone, cable and internet bills.
 
2.2
The Employee should have the duty preserving the housing and the furniture items provided by the Employer until the termination of this contract. If they are destroyed, the Employee should restore them to the original state or pay the cost needed in purchasing the same level of the substitutes of them.

2.3
The Employer will deduct 200,000 won from each of the Employee’s first three months of pay to make a total of 600,000 won as a housing management deposit. This deposit is to cover any unpaid monthly service or utility bills in the event the Employee fails to pay for any service or goods which she/he used throughout the contract. The Employer will hold the full amount of the deposit until all payable bills are checked to have been paid.
 
3.
AIRFARE
 
3.1
A round-trip airfare (standard economy ticket) from the Employee’s designated city to Korea before departure will be provided only for the Employee who will be fulfilling a 12-month period and who has been hired outside of Korea. This is not applicable if hired within Korea.
If the employee leaves the school before six (6) months, the employee must payback the initial airfare or the employer may deduct the amount of airfare from the teacher's last payment.
 
3.2
In the event when the airfare is paid by the Employee him/herself before departure, the airfare will be reimbursed by the Employer after the issuance of an E-2 Visa from Korean Immigration Office.  The reimbursement is subject only to the Employee who will be fulfilling a 12-month of employment period.
 
4.
LODGING 
 
4.1
The Employer will provide lodging, if necessary, for the Employee’s stay for the orientation and training period at a facility provided by the Employer.
 
5.
HEALTH & PENSION PLAN
 
5.1
National Health Insurance Plan
The Employer will pay 50% of the premium for the Employee’s national health plan, which is provided by the Employer and are administered through the Employer (Participation in a health plan is optional).  The Employee will be responsible for rest of the costs.


5.2
National Pension Plan (Self-managed Superannuation)
At (school), self-managed superannuation pension is possible and he/she will receive a reimbursement of all contributions made by him/herself upon departure from Korea.

 
6.
Severance pay
 
6.1
The Employer will pay severance to the Employee upon completion of contract.  The amount of the severance pay will be the same of a month salary (2.1 million won), and if necessary, applicable government deductions will be subtracted.
 
7.
PAID VACATION
 
7.1
The employee will receive paid vacation of 7 days during the contractual period.
During the aforementioned holidays, the employee’s salary is still paid without any deductions.
 
7.2
The Employee will be paid for all national holidays and not be expected to work during these days otherwise in special occasion for which Employee agrees to work voluntarily.

7.3
Unused vacations will be reimbursed.
 IV.
RENEWAL & TERMINATION OF CONTRACT and DISMISSAL
 
1.
RENEWAL
 
1.1
The Employee must give the Employer a written 45-day notice before renewal or non-renewal of the Employee’s current contract.
 
1.2
Both the Employer and the Employee reserve the option to renew the contract.
 
2.
TERMINATION OF CONTRACT
 
2.1
Both parties will give at least a written 45-day notice prior to the termination date of the contract.
 
2.2
The Employer retains the right to terminate the contract immediately if:
 
a.
The Employee is unable to discharge the responsibilities or meet the conditions such as being late for class on a continuous basis; continuous failure to keep regularly scheduled class hours and repeated absences from classes without a valid reason.
 
b.
The Employee teaches off the Employer’s property.
 
c.
The Employee uses illegal drugs or is intoxicated during work hours.
 
d.
The Employee participates in any type of criminal activity of corruption of public moral that violates the laws of the Republic of South Korea.
 
e.
The Employee receives 3 times of written notice from the Employer.
 
2.3
If, for any reason, the contract is terminated before the full completion of the contract period:
 
a.
The Employee will not qualify for benefits such as severance pay and the airfares.
 
b.
The Employee will be wholly responsible for any utilities/maintenance and phone bills remaining for the duration of their housing lease.
 
2.4

Within 14-days the Employee is required to sign a notice of termination and accompany the employer to the Korean Immigration office to notify the Korean Immigration office of the termination.

3
DISMISSAL
 
 The employer and employee agree that this agreement is fully legal and binding under the laws of the Republic of Korea and may be terminated by the employer at any time should one of the following conditions arise:

a. The employee or any of his/her dependents act in violation of Korean law.
b. The employer discovers that any documents or information provided by the
employee regarding his/her credentials or qualifications for employment has been falsified or deliberately fabricated.
c. The employee’s conduct seriously jeopardizes any student or staff person or has drug, and/or alcoholic problems.
d. The employee is deemed to be incapable of delivering the curriculum in a positive and professional manner.
e. According to the doctor’s diagnosis, the Employee can not continue normal
work.

In addition, the teacher who is dismissed before six (6) months , he/she must payback the incoming airfare and the other recruiter’s arrangement fee or the school may deduct the amount from the teacher’s last month’s pay.
Teacher’s are not allowed to teach private classes outside of the employment without the permission of the employer. Such action grounds for immediate dismissal, in the case, Employer will not pay the teacher the return ticket & severance payment.
Such cases will be determined by the director and the employee will get dismissed after 3 verbal warnings.

V.
VENUE FOR DISPUTES BETWEEN EMPLOYER AND EMPLOYEE

1.
The appropriate laws of the Republic of Korea will govern this contract.  However, while both parties enter into this agreement with total honesty and integrity, disputes may sometimes occur.  In such cases, both parties will be bound by all terms and conditions of this contract and will try to resolve the difference in a civil manner that is fair to both parties.  In the event that no solution can be found for a problem and either party decides to terminate this contract, they must do so in accordance with Section IV, 2 above.  Upon such termination, both parties will agree to remain civil and to speak honestly and fairly about their experiences and not in a disrespectful manner.
VI. 
FULL KNOWLEDGE
 
1.
GOOD FAITH
 
 
The Employer and the Employee will act in good faith toward each other. The Employer will not dismiss the Employee without what reasonably is considered good cause and the Employee will do their utmost to satisfactorily fulfill all the responsibilities and meet all the conditions as described in the above agreement.
 
2.
CHANGES TO CONTRACT
 
 
The Employer and the Employee agree that they have read the entirety of this Employment Contract and no other verbal agreement, statement or promise made on or before the effective date of this contract will be binding on the parties.  Any changes made must be in writing and signed by both parties to be included in this contract.  Any changes made to this contract, whether verbal or other, without the knowledge and written consent of both parties are to be considered invalid, and as such are not parts of this contract.
 
3.
TRANSFERAL OF CONTRACT
 
 
Under no circumstances can the Employer exchange, give, sell, or transfer this contract or the services of the Employee to another party or Institute without the written consent of the Employee.
 
4.
LANGUAGE OF CONTRACT
 
 
The language of this contract is written in English.  For convenience of the employer this contract may be translated into Korean upon request and prior to the signing of this document.  In event of a dispute, the English version of this contract will prevail.
 
5.
 Dress code


At all times during the term of this contract, males should wear ties and females should wear dresses or professional pant suits unless otherwise instructed. At no time will a female employee wear short length skirts or what may be deemed as too provocative as seen by Korean acceptable professional dress.
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hewieder



Joined: 18 May 2014

PostPosted: Fri Jun 13, 2014 8:05 am    Post subject: Quality Contract? Reply with quote

General conditions: The Employee and the Employer have different cultural backgrounds, so both parties
should examine carefully all the conditions before signing the contract. Upon signing of the contract, any
oral or implied conditions made or promised by a recruiter/intermediary person will carry no contractual
validity. (Also, any additional conditions that have been agreed upon by both parties need to be put in
writing in Clause 14)
CLAUSE 1 (APPOINTMENT)
a. The Employer agrees to hire the Employee as an instructor of the school during the period stipulated
herein.
b. The Employee agrees to accept the employment and work at full capacity for the school.
c. The Employee agrees to teach pre-kindergarten or kindergarten, BC curriculum program and ESL
program.
d. The Employee agrees to accept any class assigned by the school principal.
CLAUSE 2 (PERIOD OF EMPLOYMENT)
a. The contract period is one year, from the first day of class 01/ 31/ 2014 (mm/dd/yy) to the last day of
class 01/ 30/ 2015 (mm/dd/yy)
b. Before the first official work day, the teacher will receive orientation regarding the school program
that will last 2 to 7 days. During the orientation period, the teacher will receive 30,000 KRW per day.
c. The first day of the contract will be the first day the employee teaches after Clause 2.b has been
satisfied. The contract period will be one year. In the case that the teacher arrives either earlier or later
than the starting date in Clause 2.a., the contract will take effect on the first day the employee teaches
classes.
For example, if the employee arrives on Feb 25th, 2010, the orientation will take place between Feb 26th
and 28th and the first day of class will be March 1st. Then the contract period will be from March 1st,
2010 to February 28th, 2011.
d. Severance pay will be paid upon completion of the contract.
1e. The Employee agrees to discontinue his/her residence in Korea under the visa status arranged and
sponsored by the Employer and leave from the status within five days of termination of this contract.
f. The employee has to vacate his/her residence one day after termination of this contract. The Employee
has until 1p.m. the following day to remove his/her belongings.
CLAUSE 3 (SALARY AND WAGE)
Both the Employer and the Employee agree to the salary system of the school. The Employee should
carefully read the wage structure of the contract.
The wage structure of the Employee’s contract in the first year of employment:
a. The Employer agrees to pay the Employee a monthly salary of 2,000,000 KRW paid in Korean
currency.
b. The Employer agrees to pay the Employee an additional amount of 200,000 KRW per month in
recognition of the teacher’s certificate held by the Employee.
c. The Employer agrees to pay the Employee an additional amount of 200,000 KRW per month in
recognition of the Employee’s work experience.
d. The Employer agrees to pay the Employee an additional amount of 100,000 KRW per month in
recognition of the Recruiter’s recommendation.
e. Based on appendix B, overtime pay (______________ KRW / 80 minutes) will be given from ____/
_____/_____ (mm/dd/yy) to ____/_____/_____. (mm/dd/yy)
f. Salary and the recognition bonuses are paid on the fifth (5th) day of each month. If the 5th is on a
National Holiday, Saturday, or Sunday, the employee will be paid on the following business day.
g. Articles 3- b, c, d, e will be considered as bonuses and will not be included in the calculation of the
employee’s severance pay.
h. Teaching hours that exceed the contracted hours are remunerated at 25,000 KRW per ESL/BC class (of
80 minutes).
i. Since the contract period is one year, severance pay will be released upon completion of the contract.
j. The employee should provide his/her bank account number in a Korean bank, as arranged by the
school. Then the school will direct deposit the employee’s monthly salary into his/her account.
CLAUSE 4 (TAX and INSURANCE)
a. The Employee is required by law to participate in the Korean National Pension Plan and the payment
will be shared equally by the Employer and the Employee. The lump-sum refund of the pension plan
will be paid to the Employee when the Employee’s contract period is finished and he/she leaves Korea.
(The exact refund date will adhere to the regulations set by the Korean National Pension Service.)
b. The employee will be enrolled in the standard Korean National Pension Plan and the National Health
Insurance Plan, as according to Korean national law. The monthly premiums (employee’s share) for
2these two plans will be deducted from the monthly salary for the duration of the contract based on the
laws.
e.g.) The Employer’s and the Employee’s portions of the Korean national insurance expenses are as
follows:
(Based on a salary of 2,500,000 KRW)
Employer Employee
National Pension 112,500 KRW 112,500 KRW
Medical Insurance 75,110 KRW 75,110 KRW
Employment Insurance 11,250 KRW 11,250 KRW
Industrial Disaster Insurance The Employer pays the total amount.
* In case the teacher’s salary or government policy changes, the insurance plan may change as well.
c. The income tax (approximately 3.3%) and the residential tax (10% of the income tax) will be
deducted from each month’s salary. (Tax rate will follow the Korean tax law)
CLAUSE 5 (AIRFARE)
a. The contract comes with round trip airfare on the condition that the contract is completed.
b. The Employer is to provide the Employee with an economy class ticket from the nearest international
airport of the employee’s residence to Korea. Upon completion of the contract, the Employee will be
provided with a return ticket to the point of original departure, which is the nearest international
airport of the employee’s residence.
c. The school will not provide cash instead of a plane ticket. When hired, the school will provide the
teacher a one-way ticket from any country to Korea. Upon completion of the contract, the school will
provide the teacher with a one-way ticket either to the teacher’s home country or to an alternate
destination at the teacher’s request. The value of that ticket will not exceed the value of a one-way
ticket to the teacher’s home country, at the time of ticketing. If the alternate destination is more
expensive, the teacher will pay for the difference.
d. In the case of the Employee leaving the school before the end of the contract, the school will not pay
for a return ticket.
e. If the Employee leaves the school before completion of the contract, the cost of the inbound airfare to
Korea must be reimbursed to the school. The price of the ticket paid by the school will be deducted
from the Employee’s final monthly salary.
f. If the Employee agrees to a contract extension, the Employee will be provided with a return ticket to
the point of original departure at the end of the new contract. If the duration of the new contract is not
fulfilled, then the employee will not be provided with return airfare by the school.
3g. If a teacher who is already in Korea is hired, he/she will be offered a round-trip airfare to a nearby third
country (usually Japan) for visa renewal. However, in case the Employee fails to complete the period
of the contract, the Employee will be required to reimburse the cost of airfare and visa back to the
school.
CLAUSE 6 (VACATION)
a. In 2014, School vacation for summer is scheduled from July 26th, 2013 to August 3rd, 2014. (subject
to change)
b. In 2014, School vacation for winter is scheduled from December 27th, 2013 to January 4th, 2015.
(subject to change)
c. All Korean national holidays are non-working days. However, on unofficial holidays like election days,
the employee is required to report to work if classes are scheduled.
CLAUSE 7 (ACCOMMODATIONS)
a. The School will provide the Employee with furnished accommodation with supply items.
b. Monthly utilities, maintenance, heating costs, management expenses, and telephone charges will be
paid by the Employee.
c. It is the employee’s responsibility to repair any damages and to take care of maintenance issues such as,
but not limited to, exchanging light bulbs, fixing toilets, and clogged drains.
d. In the first two months of the contract, the Employer will collect a security deposit of 300,000 KRW
each month (a total of 600,000 KRW), in order for the Employer to pay off final utility bills, telephone
charges, and other bills left unpaid (if unpaid) at the end of contract. Also costs incurred repairing
damages to the teacher's residence will be deducted from the security deposit. A final inspection of the
apartment will be made before the employee vacates the residence. Unless otherwise agreed by both
parties, the remaining balance of the deposit will be transferred to the Employee’s bank account in his/
her home country approximately two months after the contract has been completed.
e. It is the employee’s duty to clean the apartment before vacating the premises. If it is not cleaned
thoroughly, 200,000 KRW will be deducted from his/her security deposit for cleaning expenses. The
remaining balance of the deposit will be transferred to the Employee's bank account in his/her home
country unless otherwise agreed by both parties.
f. Items the Employer supplies are in accordance with the furniture items list. Both parties are required to
check and sign the furniture/supply items list at the time the employee begins residing in the provided
accommodation.
g. In case of a contract renewal, the security deposit (600,000 KRW) from the previous contract will carry
over to the new contract.
4CLAUSE 8 (WORK HOURS & WORK LOAD)
a. The Employer and the Employee are individuals of equal value and respectability who have come to
terms in order to honorably exchange their services.
b. The Employee agrees to work for the school between the hours of 9:50 a.m. and 7:20 p.m. Monday
through Friday. The employee’s exact working schedule depends on which classes he/she is assigned.
c. The amount of teaching time is 32.5 hours per week. (The average teaching time per day is 6.5 hours.)
d. The school class schedule is indicated in Appendix B at the end of the contract.
e. In the contract, a month is considered to begin on the first day of the month and end on the last day of
the month. (i.e. March 1st – March 31st )
f. The Employee agrees to teach pre-kindergarten and/or Kindergarten classes in the morning and BC and/
or ESL classes in the afternoon each day.
g. Time required for class preparation is not considered as teaching time.
CLAUSE 9 (THE EMPLOYEE'S DUTIES)
The teachers' responsibilities include the followings:
a. Teaching the assigned classes.
b. Following the advice and direction of the Principal and/or the Vice-principal.
c. Developing supplementary materials as necessary.
d. Being prepared and arriving at the school at least 10 minutes prior to class time.
e. Assigned classes may and can be changed without notice. The Employee is required to teach all his/her
assigned classes.
f. Teachers may be required to do overtime work depending on the schedule.
g. Attendance at teachers’ meetings, workshops, and parent consultations is obligatory.
h. Attending workshops as scheduled in the annual calendar. Some workshops may fall on a Saturday.
i. Attending the annual “Family Gym Day". This event will be on a Sunday.
j. Attending “Summer Camp" is mandatory. This will be an overnight trip departing Friday evening after
classes and returning Saturday afternoon.
k. Please note that these events are considered essential elements of the educational program at CIS and
the teacher will not receive extra payment.
l. Other teaching related duties as assigned.
m. Preparation time, students' evaluation and staff meetings are not considered as teaching time. Teaching
time is considered to be instruction time in the classroom.
n. The Employee as a teacher should maintain his/ her students' records such as attendance, evaluation,
test forms, test results, conference meeting records, ESL classes' program and/or supplements.
5o. During the period of the contract, the Employer may take pictures or videotape the Employee teaching
classes or doing related tasks. The employer kindly asks for the employee’s cooperation in this matter.
The pictures and/or videos may be used in the school guides, web sites, brochures and/or pamphlets.
p. The Employee agrees to inform the employer of all travel arrangement regarding dates and flight
schedules to ensure timely return to work when he/she leaves Korea during the contract.
q. All materials developed by the Employee while working for the school are property of the school.
r. The Employee has to be in the classroom by 9:50 a.m. in order to be ready for class.
s. As soon as the Employee arrives at the school, he/she has to clock in with the time card. If the
employee fails to do so, he/she will be regarded as being absent.
t. The employee has to participate in the staff meetings which normally is once a week at 9:30 a.m. (The
specific meeting schedule is arranged by the principal/vice-principal of each campus.)
CLAUSE 10 (SICK LEAVE)
a. The Employee will be allowed only three paid sick days (19.5 hrs) per year. When the employee is
absent from the school, he/she has to notify the principal/vice-principal of his/her absence by phone.
(The employee should call the principal/vice-principal to his/her cell phone. If it is after 9 a.m., the
employee should call the school directly. Notification made via text message or e-mail will not be
valid.)
b. When the employee uses sick days, a doctor’s written diagnosis and prognosis will be required.
c. In case the Employee does not use all the sick days, the employee will be paid for those unused days at
the end of the contract. Calculation method: The number of unused sick days (multiplied by) the
monthly salary (multiplied by) 1/20
d. Even after using three sick days per year, the employee is required to hand in a written doctor’s
diagnosis when he/she is absent. If the employee is absent from school with a written doctor’s
diagnosis, one twentieth of his/her monthly salary will be deducted per day from his/her salary.
However, if the employee fails to hand in a written doctor’s diagnosis, 200,000 KRW will be deducted
per day from his/her salary.
e. If the employee is absent for a reason other than medical or for illness without a doctor’s written
diagnosis, the employee will not be allowed to use paid sick days and 200,000 KRW per day will be
deducted from his/her salary.
f. After using all three sick days, if the employee misses a part of the working day (e.g. a morning class or
an afternoon class), payment deduction will be 25,000 KRW per 60 minutes.
CLAUSE 11 (WARNING NOTICE)
The employee will receive a warning notice in case of the following:
a. Inappropriate behavior (including verbal/physical abuse) towards students, parents, fellow employees,
and/or visitors.
6b. Unexcused lateness, absences without prior notification or leaving work early.
c. Failure to display a neat appearance and/or displaying behavior unbecoming a teacher.
d. Violating any condition stipulated in the contract.
CLAUSE 12 (DISMISSAL OR VOLUNTARY RESIGNATION)
12.A. The Employer reserves the right to dismiss the Employee for the following reasons:
a. 3 warning notices
b. 3 unexcused absences
c. Neglect of the duties stipulated in the contract
d. Inability to perform the duties stipulated in the contract
e. Engagement in criminal activities or misconduct.
f. Tutoring privately outside the school.
12.B. In case dismissal is necessary
a. In the case that the Employee engages in criminal activities or misconduct, or has received THREE
warning notices, the Employer has the right to dismiss the employee without prior notice.
b. The Employer agrees to give THIRTY days notice prior to dismissal if the reasons for dismissal are : 1)
anything other than 12.B.a and 2) the school needs to lay-off employees for restructuring owing to
business difficulties
12.C. Voluntary resignation from the employee
a. If the Employee wants to terminate the contract before its maturity, he/she may do so only if he/she
submits a NINETY day advance notice in writing to the Employer in order for the Employer to have
sufficient time to hire a new teacher.
b. Even if the employee complies with section 12.C.a, the Employee must leave the school prior to the 90
days if the new teacher’s arrival time is before the completion of those NINETY days.
c. If the employee complies with section 12.C.a, and wishes to leave, the Employer agrees to give the
employee a ‘Letter of Release’ upon written request.
d. In case of section 12.B.a and 12.C.a, the employee will be required to reimburse the employer for the
following costs (airfare, recruiting fee, and other administrative fees.)

CLAUSE 13 (GOVERNING LAW & JURISDICTION)
a. The teacher should adhere to every condition stipulated in this contract. Any issue not stated in writing
in this contract will usually follow the Korean custom.
b. This contract is governed by the law of the Republic of Korea.
c. Photocopies of this contract will be considered as valid as the signed original contract.
7d. No oral or implied conditions will have contractual validity until such is put in writing and signed by
both parties.
e. This agreement has been modified on _______________ and is made final and firm unless any material
modification or amendment to this agreement is executed with the full knowledge and consent of the
undersigned and incorporated into this agreement.
CLAUSE 14 (ADDITIONAL CONDITIONS)
Any additional conditions to the contract that have been agreed upon by both parties will be listed below.
a.
b.
c.

CLAUSE 15 (COVENANTS)
a. I have read and fully understand the conditions of employment.
b. I am satisfied with this contract and I agree to follow these policies.
c. Contracts are private agreements therefore I won’t discuss or share with any other teaching staff about
this contract and I won’t compare this to those of third parties nor raise a question in argument.
d. In case a new Principal is appointed, the terms of the contract will remain in effect with the new
principal in charge
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DosEquisXX



Joined: 04 Nov 2009

PostPosted: Fri Jun 13, 2014 9:30 am    Post subject: Re: Quality Contract? Reply with quote

hewieder wrote:

CLAUSE 1 (APPOINTMENT)
d. The Employee agrees to accept any class assigned by the school principal.


Does this mean mandatory overtime and working weekends?

Quote:
CLAUSE 2 (PERIOD OF EMPLOYMENT)
b. Before the first official work day, the teacher will receive orientation regarding the school program
that will last 2 to 7 days. During the orientation period, the teacher will receive 30,000 KRW per day.


Should be paid in full.

Quote:
1e. The Employee agrees to discontinue his/her residence in Korea under the visa status arranged and
sponsored by the Employer and leave from the status within five days of termination of this contract.


I believe immigration allows you 2 weeks to leave which makes this clause moot.

Quote:
CLAUSE 3 (SALARY AND WAGE)
a. The Employer agrees to pay the Employee a monthly salary of 2,000,000 KRW paid in Korean
currency.
b. The Employer agrees to pay the Employee an additional amount of 200,000 KRW per month in
recognition of the teacher’s certificate held by the Employee.
c. The Employer agrees to pay the Employee an additional amount of 200,000 KRW per month in
recognition of the Employee’s work experience.
d. The Employer agrees to pay the Employee an additional amount of 100,000 KRW per month in
recognition of the Recruiter’s recommendation.


Pretty low initial salary. Do you have any of these credentials? If so, I like this. The odds of getting severance these days are not that high (I don't think European citizens can obtain it at all). If you aren't eligible for any of the bonuses, I wouldn't accept this salary.

Quote:
h. Teaching hours that exceed the contracted hours are remunerated at 25,000 KRW per ESL/BC class (of
80 minutes).


So less than 20,000 won per hour. Super-low.


Quote:
CLAUSE 4 (TAX and INSURANCE)
a. The Employee is required by law to participate in the Korean National Pension Plan and the payment
will be shared equally by the Employer and the Employee. The lump-sum refund of the pension plan
will be paid to the Employee when the Employee’s contract period is finished and he/she leaves Korea.
(The exact refund date will adhere to the regulations set by the Korean National Pension Service.)


Try to pin them on a day. Some school claim to send it to you after you leave the country but then never do. It's a dirty move.

Quote:
c. The income tax (approximately 3.3%) and the residential tax (10% of the income tax) will be
deducted from each month’s salary.


Residential tax is BS. Just a money grab by the school.

Quote:
CLAUSE 7 (ACCOMMODATIONS)
a. The School will provide the Employee with furnished accommodation with supply items.


Get specifics on what is provided.

Quote:
d. In the first two months of the contract, the Employer will collect a security deposit of 300,000 KRW
each month (a total of 600,000 KRW), in order for the Employer to pay off final utility bills, telephone
charges, and other bills left unpaid (if unpaid) at the end of contract. Also costs incurred repairing
damages to the teacher's residence will be deducted from the security deposit. A final inspection of the
apartment will be made before the employee vacates the residence. Unless otherwise agreed by both
parties, the remaining balance of the deposit will be transferred to the Employee’s bank account in his/
her home country approximately two months after the contract has been completed.


Be sure to take pictures of the apartment upon arrival so they can't fabricate any claims regarding apartment damage.

Make sure they give you that left over money before you leave. Get that fixed in the contract. Once you leave the country, any money that you are entitled to, but do not obtain before you leave will never be obtained.

Quote:
e. It is the employee’s duty to clean the apartment before vacating the premises. If it is not cleaned
thoroughly, 200,000 KRW will be deducted from his/her security deposit for cleaning expenses.


Outrageous fine. I think I paid 25,000 KRW for a cleaning lady for the morning. Then again, that was in 2009. Easier to do that.

Quote:

CLAUSE 8 (WORK HOURS & WORK LOAD)
a. The Employer and the Employee are individuals of equal valueand respectability who have come to
terms in order to honorably exchange their services.


Hah! Good one!

Quote:
b. The Employee agrees to work for the school between the hours of 9:50 a.m. and 7:20 p.m. Monday
through Friday. The employee’s exact working schedule depends on which classes he/she is assigned.


That's a lot of hours 2M KRW/month.

Quote:
CLAUSE 9 (THE EMPLOYEE'S DUTIES)
h. Attending workshops as scheduled in the annual calendar. Some workshops may fall on a Saturday.
i. Attending the annual “Family Gym Day". This event will be on a Sunday.
j. Attending “Summer Camp" is mandatory. This will be an overnight trip departing Friday evening after
classes and returning Saturday afternoon.
k. Please note that these events are considered essential elements of the educational program at CIS and
the teacher will not receive extra payment.


You should receive extra payment if these are outside of your normal working hours.

Quote:
l. Other teaching related duties as assigned.


Vague language. Either get those other duties specified or remove the clause.

Quote:
q. All materials developed by the Employee while working for the school are property of the school.


Don't develop new material. Taking credit for your hard work is such a bullshit move.


Quote:
CLAUSE 10 (SICK LEAVE)
However, if the employee fails to hand in a written doctor’s diagnosis, 200,000 KRW will be deducted
per day from his/her salary.
e. If the employee is absent for a reason other than medical or for illness without a doctor’s written
diagnosis, the employee will not be allowed to use paid sick days and 200,000 KRW per day will be
deducted from his/her salary.
f. After using all three sick days, if the employee misses a part of the working day (e.g. a morning class or
an afternoon class), payment deduction will be 25,000 KRW per 60 minutes.


Illegal deductions. E and F are particularly absurd. Deaths in the family and accidents that require hospitalization will result in fines in this contract.


Quote:
CLAUSE 12 (DISMISSAL OR VOLUNTARY RESIGNATION)
12.B. In case dismissal is necessary
b. The Employer agrees to give THIRTY days notice prior to dismissal if the reasons for dismissal are : 1)
anything other than 12.B.a and 2) the school needs to lay-off employees for restructuring owing to
business difficulties


#2 there is a hell of an excuse to use to dump just about anybody they want. "We can't afford to pay you anymore. So, go home."

Quote:
12.C. Voluntary resignation from the employee
d. In case of section 12.B.a and 12.C.a, the employee will be required to reimburse the employer for the
following costs (airfare, recruiting fee, and other administrative fees.)


Recruiting fee is BS. What are "other administrative fees"? Seems like a nice little cash grab.

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

Too many cash grab attempts on top of the already low salary make this an easy rejection.
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ontheway



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

PostPosted: Fri Jun 13, 2014 12:11 pm    Post subject: Re: Quality Contract? Reply with quote

DosEquisXX wrote:
hewieder wrote:

CLAUSE 1 (APPOINTMENT)
d. The Employee agrees to accept any class assigned by the school principal.


Does this mean mandatory overtime and working weekends?

Quote:
CLAUSE 2 (PERIOD OF EMPLOYMENT)
b. Before the first official work day, the teacher will receive orientation regarding the school program
that will last 2 to 7 days. During the orientation period, the teacher will receive 30,000 KRW per day.


Should be paid in full.

Quote:
1e. The Employee agrees to discontinue his/her residence in Korea under the visa status arranged and
sponsored by the Employer and leave from the status within five days of termination of this contract.


I believe immigration allows you 2 weeks to leave which makes this clause moot.

Quote:
CLAUSE 3 (SALARY AND WAGE)
a. The Employer agrees to pay the Employee a monthly salary of 2,000,000 KRW paid in Korean
currency.
b. The Employer agrees to pay the Employee an additional amount of 200,000 KRW per month in
recognition of the teacher’s certificate held by the Employee.
c. The Employer agrees to pay the Employee an additional amount of 200,000 KRW per month in
recognition of the Employee’s work experience.
d. The Employer agrees to pay the Employee an additional amount of 100,000 KRW per month in
recognition of the Recruiter’s recommendation.


Pretty low initial salary. Do you have any of these credentials? If so, I like this. The odds of getting severance these days are not that high (I don't think European citizens can obtain it at all). If you aren't eligible for any of the bonuses, I wouldn't accept this salary.

Quote:
h. Teaching hours that exceed the contracted hours are remunerated at 25,000 KRW per ESL/BC class (of
80 minutes).


So less than 20,000 won per hour. Super-low.


Quote:
CLAUSE 4 (TAX and INSURANCE)
a. The Employee is required by law to participate in the Korean National Pension Plan and the payment
will be shared equally by the Employer and the Employee. The lump-sum refund of the pension plan
will be paid to the Employee when the Employee’s contract period is finished and he/she leaves Korea.
(The exact refund date will adhere to the regulations set by the Korean National Pension Service.)


Try to pin them on a day. Some school claim to send it to you after you leave the country but then never do. It's a dirty move.

Quote:
c. The income tax (approximately 3.3%) and the residential tax (10% of the income tax) will be
deducted from each month’s salary.


Residential tax is BS. Just a money grab by the school.

Quote:
CLAUSE 7 (ACCOMMODATIONS)
a. The School will provide the Employee with furnished accommodation with supply items.


Get specifics on what is provided.

Quote:
d. In the first two months of the contract, the Employer will collect a security deposit of 300,000 KRW
each month (a total of 600,000 KRW), in order for the Employer to pay off final utility bills, telephone
charges, and other bills left unpaid (if unpaid) at the end of contract. Also costs incurred repairing
damages to the teacher's residence will be deducted from the security deposit. A final inspection of the
apartment will be made before the employee vacates the residence. Unless otherwise agreed by both
parties, the remaining balance of the deposit will be transferred to the Employee’s bank account in his/
her home country approximately two months after the contract has been completed.


Be sure to take pictures of the apartment upon arrival so they can't fabricate any claims regarding apartment damage.

Make sure they give you that left over money before you leave. Get that fixed in the contract. Once you leave the country, any money that you are entitled to, but do not obtain before you leave will never be obtained.

Quote:
e. It is the employee’s duty to clean the apartment before vacating the premises. If it is not cleaned
thoroughly, 200,000 KRW will be deducted from his/her security deposit for cleaning expenses.


Outrageous fine. I think I paid 25,000 KRW for a cleaning lady for the morning. Then again, that was in 2009. Easier to do that.

Quote:

CLAUSE 8 (WORK HOURS & WORK LOAD)
a. The Employer and the Employee are individuals of equal valueand respectability who have come to
terms in order to honorably exchange their services.


Hah! Good one!

Quote:
b. The Employee agrees to work for the school between the hours of 9:50 a.m. and 7:20 p.m. Monday
through Friday. The employee’s exact working schedule depends on which classes he/she is assigned.


That's a lot of hours 2M KRW/month.

Quote:
CLAUSE 9 (THE EMPLOYEE'S DUTIES)
h. Attending workshops as scheduled in the annual calendar. Some workshops may fall on a Saturday.
i. Attending the annual “Family Gym Day". This event will be on a Sunday.
j. Attending “Summer Camp" is mandatory. This will be an overnight trip departing Friday evening after
classes and returning Saturday afternoon.
k. Please note that these events are considered essential elements of the educational program at CIS and
the teacher will not receive extra payment.


You should receive extra payment if these are outside of your normal working hours.

Quote:
l. Other teaching related duties as assigned.


Vague language. Either get those other duties specified or remove the clause.

Quote:
q. All materials developed by the Employee while working for the school are property of the school.


Don't develop new material. Taking credit for your hard work is such a bullshit move.


Quote:
CLAUSE 10 (SICK LEAVE)
However, if the employee fails to hand in a written doctor’s diagnosis, 200,000 KRW will be deducted
per day from his/her salary.
e. If the employee is absent for a reason other than medical or for illness without a doctor’s written
diagnosis, the employee will not be allowed to use paid sick days and 200,000 KRW per day will be
deducted from his/her salary.
f. After using all three sick days, if the employee misses a part of the working day (e.g. a morning class or
an afternoon class), payment deduction will be 25,000 KRW per 60 minutes.


Illegal deductions. E and F are particularly absurd. Deaths in the family and accidents that require hospitalization will result in fines in this contract.


Quote:
CLAUSE 12 (DISMISSAL OR VOLUNTARY RESIGNATION)
12.B. In case dismissal is necessary
b. The Employer agrees to give THIRTY days notice prior to dismissal if the reasons for dismissal are : 1)
anything other than 12.B.a and 2) the school needs to lay-off employees for restructuring owing to
business difficulties


#2 there is a hell of an excuse to use to dump just about anybody they want. "We can't afford to pay you anymore. So, go home."

Quote:
12.C. Voluntary resignation from the employee
d. In case of section 12.B.a and 12.C.a, the employee will be required to reimburse the employer for the
following costs (airfare, recruiting fee, and other administrative fees.)


Recruiting fee is BS. What are "other administrative fees"? Seems like a nice little cash grab.

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

Too many cash grab attempts on top of the already low salary make this an easy rejection.



A few quick notes on the review above:

1) The residential tax is a legitimate tax in Korea. It is 10% of the National Income Tax and it goes to the local government. It is legally required to be paid.

In this contract it's the 3.3% tax that's questionable. The tax should come from the NTS tax table - it is not a fixed 3.3%. However, whatever amount of National Income Tax is withheld, an additional amount equal to 10% of the national income tax is withheld for the local government. This is commonly called the residential tax.

2) Ownership of materials created by the teacher should rest with the school. This is typical for professional contracts and creative positions of all types in all countries: computer programming and design, arts and entertainment, accounting and law ... your work product - materials you create, etc. - is an essential part of what you are hired for and when you leave the employer retains your work product.

3) Under Korean law you can be dismissed with 30 days pay or notice for just about any reason, including when the employer has financial difficulties, so this is just a restatement of the law. In some cases, when an employer is bankrupt they can avoid the 30 days notice. Better schools will have 60 days in their contracts.

4) The refund from the National Pension is up to the government. It can be deposited into the teacher's bank account in Korea or at home or paid in cash at the airport. It is not up to the school. Only workers from countries with agreements with SK can get the refund.

5) Not sure what your severance comment refers to - it seems that you might be mixing up severance and national pension. Everyone who completes 1 full year or longer should get the severance payment. It is not paid until you finish working for a single employer, so it's not an annual payment. It is prorated after one year.
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