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Simplex
Joined: 08 May 2006 Posts: 9
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Posted: Wed May 17, 2006 11:11 pm Post subject: Contract review (S.Korea job, but same stuff...) |
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I don't have access to the Korea job board and dont have time to be processed.
Is this contract okay? It is for a school on Jeju island.
The following contract is an employment agreement between Warren Mirko, to be referred to as the Instructor, and Kwak Young Il Junior School, Jeju, ROK, to be referred to as the Institute from this point forth.
Job position: English Instructor.
Period of Employment: The Instructor will be employed by the Institute for the following dates.
From: June 20, 2006
To: June 20, 2007
1. CONDITION
A. Salary: A monthly salary of 2,000,000 Won will be paid for 120 teaching hours per month. An hourly wage of 18,000 Won will be paid for each additional hour exceeding the contract hours. The monthly salary includes the basic salary, bonuses, and yearly retirement stipend.
B. Severance Pay: A further amount of one month salary will be paid upon completion of the one year contract.
C. Pay Day: Compensation will be paid on the 10th of each month. Any errors in compensation shall be reported to all parties affected within a week.
D. Insurance: A medical and accident insurance plan from an insurance company will be offered to the Instructor. The annual premium will be split equally between the Instructor and the Institute.
E. Tax: Korean income tax will be deducted from the salary according to Korean tax law (currently 7%)
F. Airfare: The Employer will purchase for the Employee a one-way economy class air ticket to Korea from a main international airport in the country/city where the Employee resides and from which he/she was hired. After completing a one-year contract the Employee will be provided with a return economy class air ticket.
G. Accommodation: The Institute will provide a rent-free, one bedroom private apartment. The Instructor will pay for his/her own utilities.
H. Vacation: The Employee will have (a)10 days paid vacation / public holidays detailed in a yearly calendar (in total approximately 14 days) If the Employee wishes to take additional (unpaid) vacation, he/she must give the Employer at least a two-month notice before taking a vacation; (b) up to 3 days of paid emergency leave in a year in the event of a death or serious illness of an immediate family member, such as grandparent, parent, spouse, children, brother or sister. The emergency leave will be granted and/or extended after a close consultation with the Vice-President. The Employee will bear the cost of transportation.
2. INSTRUCTOR�S DUTIES
A. The Instructor will set a good positive example at all times.
B. The Instructor will follow set class schedules and will not dismiss class, cancel classes, or start classes late without the approval of the director.
C. The Instructor will use textbooks provided by the institute and is encouraged to supplement these with other materials. All materials given to the instructor by the Institute will be returned after they are no longer needed.
D. The Instructor will not partake in the following activities since they may damage the reputation of the institute:
1. Conducting class while under the influence of alcohol, while smoking, or while under the influence of illegal drugs.
2. Conduct any private classes or accepting any funds without permission from the director.
3. The borrowing or lending of funds to students or conducting of any sales of items to students.
E. If the Instructor fails to conduct him/herself in a professional manner, resulting in damage to the image of the Institute, the Institute has the right to terminate this contract immediately on payment of all monies properly due to the Instructor.
F. The Employee may not earlier terminate this Agreement without a good reason. If required, 75 days prior notice must be given to the Employer before termination of the contract.
F. In any case of dismissal or voluntary resignation, the Employer will not provide a return ticket and will not give the severance pay. In addition, if the Employee voluntarily terminates this contract before 6 months of the contract, he/she will have to reimburse to the Employer the initial airfare and other expenses that the Employer has incurred in the process of hiring of the Employee, such as recruiter�s fee, housing utilities deposit and other expenses (if applicable).
G. Both parties have read the above conditions and agree to adhere to them in good faith and agree to resolve all disputes in a reasonable manner through an official arbitrator. |
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Bozo Yoroshiku

Joined: 22 Feb 2005 Posts: 139 Location: the Chocolate Side of the Force
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Posted: Fri May 26, 2006 3:32 am Post subject: Re: Contract review (S.Korea job, but same stuff...) |
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Simplex wrote: |
E. Tax: Korean income tax will be deducted from the salary according to Korean tax law (currently 7%) |
WAY too high... check www.nts.go.kr for the correct tax rates.
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H. Vacation: The Employee will have (a)10 days paid vacation / public holidays detailed in a yearly calendar (in total approximately 14 days) |
Public holidays are just that: public holidays. They are not to be counted as part of your vacation. You are allowed 10 days of PAID vacation per year, NOT INCLUDING national holidays.
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D. The Instructor will not partake in the following activities since they may damage the reputation of the institute:
2. Conduct any private classes or accepting any funds without permission from the director. |
You are not allowed private students even if he DOES give you permission. Private students are 100% illegal for any non-Korean without an F2 or F5 visa. Period.
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E. If the Instructor fails to conduct him/herself in a professional manner, resulting in damage to the image of the Institute, the Institute has the right to terminate this contract immediately on payment of all monies properly due to the Instructor. |
[quote]
Bad clause here. They cannot terminate you without cause unless they give you 30 days notice or 30 days pay in lieu.
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F. The Employee may not earlier terminate this Agreement without a good reason. If required, 75 days prior notice must be given to the Employer before termination of the contract. |
The employee can terminate any contract he wants for any damn reason he wants as long as he gives proper notice. *75* days notice? That is way out of line; 30 days is standard.
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F. In addition, if the Employee voluntarily terminates this contract before 6 months of the contract, he/she will have to reimburse to the Employer the initial airfare and other expenses that the Employer has incurred in the process of hiring of the Employee, such as recruiter�s fee, housing utilities deposit and other expenses (if applicable). |
The airfare reimbursement before the 6-month mark is pretty standard, but repaying the recruiter fees AND the housing deposit (which is illegal anyway, don't pay it!)? Bollocks! And what are the "other expenses"? And does the school get to keep all this money if they fire you, or only if you quit?
I wouldn't sign this contract without some major re-write (tax, vacation, termination, reimbursement).
--boz |
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