Korean Job Discussion Forums

[daz1979]

Hi,

I received a job offer last week, I posted the contract on the contract thread and received some excellent information from Alabamaman (thanks again). But I am now needing to move ASAP with this school's contract offer and wondered if any contract experts could offer their advice on this revised offer.

Besides the salary, everything that I have asked to be negotiated has been honoured with the minimum of fuss, however, as the majority of the old contract is still present and areas seem to contradict slightly. I might be being fussy, but this is a brand new school with no past teachers and no checkable history and with this in mind I just want to ensure the contract is correct.



This Employment Agreement has been made by and between ???????????? having its location at Busan (hereafter Employer) and _____________________________ a citizen of ____________________ whose address is ____________________________________________________
(hereafter called Employee).

The Employer wishes to engage the service of the employee for him/her to work as an English teacher at the Employer�s school from __January 3, 2007__ to __January 2, 2008__ for one year and the employee agrees to work under the terms and conditions of his contract.

Pending the issuance of an E2 visa from the Korean Immigration, the �Employee� will work for the �Employer� for a period of not exceeding one year in accordance with the E2 visa.

1. Schedule

The number of regular teaching hours will be 30 hours per week, Monday through Friday. Class preparation time (one hour prior to the first class starts) is not included in above 30 hours. Classes and teaching schedules (from 2:30 pm till 8:30 pm) will be organized and will be flexible in accordance with the needs and situations of the school and children. No regular schedule of work hours can be guaranteed to the Employee, although reasonable efforts will be made to accommodate Employee�s requests. Each class will consist of approximately _50_ minutes in length and is defined as an hour.

2. Pay/Benefits

The Employer agrees to pay the Employee a basic salary, __2.0 Million__ Korean Won_ per month. The salary will be paid to the Employee on the _5_th of next month regularly. As for the overtime teaching beyond 30 hours per week, the Employee will be paid __20,000___ Korean Won per hour.

3. Severance payment

a. The employer shall pay the employee 2,000,000 Korean Won per month throughout the contract term. Upon completion of the contract term, the employer shall pay the employee severance pay and the last month�s salary. Severance pay will be in the amount of 2,000,000 Korean Won. Income tax will be withheld from the employee�s severance payment.

b. The pay period begins on the first workday of the month, and ends on the workday of every month. Monthly salary shall be paid to the employee on the last workday of the month and no later than the 5th.

c. The employer will pay additional remuneration of more than fifty percentage points of normal remuneration for extended works (extended works as set forth in the provisions of Articles 52 and 58 of the Labor Standards Act, and the proviso of Article 67 of the Labor Standards Act) and night works (works provided from 10 p.m. to 6 a.m.), Sunday, or public holiday works.

d. The employer will deduct 30,900 Korean Won from the instructor�s monthly salary for income taxes. In addition, the employer will also deduct 3,980 Korean Won for residence tax. Deductions for income taxes and residence tax shall be paid to the District Tax Office concerned throughout the contract term.

e. The employer shall provide the Employee a summary (pay receipt) each month when he/she is paid that clearly states the nature and amount of all deductions, taxes and salary. Pay receipts shall bear the name, address and phone numbers of the employer and shall be established as an official record of pay received and deductions withheld.

4. Air Ticket

An economy class air ticket will be given to the Employee for the travel from the point of departure, the nearest international airport from the Employee�s home excluding domestic traveling, to Busan. A return air ticket for the same route as coming to Korea will be provided to the Employee upon completion of the full contract period.

In the event that the Employee continues under a subsequent employment agreement with the Employer, the return air ticket will be provided at the time of completion of the subsequent contract periods.

When the Employee resigns within 6 months from his/her arrival in Korea because of the Employee�s fault, the Employee shall reimburse the Employer the airfare paid at the time of arrival in Korea and recruiting fee along with the related document charges. When the Employee resigns after 6 months from the Employee�s arrival in Korea and not completed 1 year contract, the Employer shall not give the Employee a returning ticket to his/her country.

5. Housing

Employer will provide housing for Employee with the rental at the Employer�s cost by �A private furnished apartment shared with other instructors, teachers.�
Running cost of the accommodation (including electricity, gas, water bills, telephone and other utility charges) other than the rental of the housing will be paid by Employee.
The school shall provide rent for a furnished single living accommodation for the employee. Apartment shall be furnished with a blanket, pillow, television, toaster, bed, kitchen table, chairs, two-burner hot plate, refrigerator, wardrobe, telephone, rice cooker, air-conditioner, shower, and a washing machine. The employee shall pay for utilities such as telephone, gas, electricity, and water.

6. Medical insurance

The Employer agrees to provide medical insurance for Employee with half of the insurance premium. Dental Insurance is not included in the contract. Pre-existing conditions occurring with the Employee before arrival in Korea are not valid.

a. The employer will submit an application for enrollment into the National Healthcare Insurance Plan after the employee has completed the alien registration process.

b. The employer shall pay fifty (50) percent of the monthly premium, and deduct 2.24% from the employee�s monthly salary to be paid to the National Healthcare Insurance Corporation. Dental and pre-existing conditions are not included

7. Accident Compensation

In the event that the Employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties, the Employee understands and agrees that the Employer will have no responsibility for, nor obligation to pay, medical and hospital costs which are excess of those covered by medical insurance.

8. Holidays/ Sick days/ Lateness/ Absence

During the school year, there are many national (13-15 days) and school holidays (10 days). Therefore, holidays will be basically limited to these holidays. In case of illness, there are three paid sick days. After that, the Employer may deduct a day�s pay for every day the Employee is absent from work. The Employee must notify the Employer at least five hours before class time of illness. In this case, the Employee should show the doctor�s note of illness.
Lateness: If the Employee is late to the class 10 minutes without notification, one hour rate of payment may be deducted.

9. The Employee�s Obligation

1) The Employee shall observe the Employer�s work system and regulations concerning administration of foreign experts and shall accept the Employer�s arrangement, direction, supervision and evaluation in regard to his/her work.
2) Without the Employer�s consent, the Employee shall not render service elsewhere or hold concurrently and post unrelated to the work agreed on with the Employer.
3) The Employee shall complete the tasks agreed on schedule and guarantee the quality of work.
4) Professional dress and grooming in the work are essential to maintain the desired reputation to the school. The Employer shall establish general guidelines for this.
5) The Employee shall be expected to prepare daily topics for the class beforehand.
6) The Employee can be required to attend all the staffs� meeting. If the Employee must be absent, he/she informs the Employer prior to the meeting.
7) The Employee must behave in professional manner during class or when socializing with kids/children after class.
The Employee can be required to interview new kids/children and evaluate their placement level.
9) The Employee shall not be absent without the Employer�s permission 2days in advance notice.
10) The Employee shall respect the Korean people�s moral standards and customs.
11) The Employee shall not sexually harass kids/children in her/his charge.
12) Any form of physical punishment can not be tolerated by the Employee.
13) At any times during the term of this agreement, the Employee will directly adhere to and obey all the rules and regulations that have been or may hereafter be established, by the Employer for the conduct of the Employee or generally for the conduct of instructors at the place of employment.

10. Taxes

Taxes and deductions in compliance with Korean Law shall be withheld automatically from the Employee�s monthly salary. The deductions will be income tax, residence tax, social security tax, medical insurance and so forth if any, from monthly and severance payment.

11. Relocation and Orientation Time

The Employee will be allowed several days from the date of arrival in Korea for adjustment and school orientation before beginning regular teaching duties. Computation of initial pay period of the Employees will commence from the first teaching day. The orientation days will be spent in the school institute preparing for classes and learning the instructional system.

12. Renewal of Agreement

Upon completion of one year teaching period, both parties can renew the agreement under mutual consent. The Employee agrees to give written notification 60 days in advance of intention of renewing the contract.

13. Termination

The Employer reserves the right to terminate this contract with the written notice to the Employee under the following conditions.
The Employee does not fulfill the contract obligations according to the terms stipulated and fails to amend after the Employer has pointed it out.
According to the doctor�s diagnosis, the Employee can not continue normal work.
Blatant misconduct by the Employee either professionally or otherwise.
The Employee or dependents violate Korean Law.
The kids or the children complain the Employee and/or the Employee�s teaching method in relation with the class.
The Employer and the Employee may terminate the contract by giving 60 days advance notice in writing with proper reasons accepted by both parties. The proper reasons and adequate grounds must be provided in order for the contract to be dissolved. If the Employee wants to terminate the contract before the contracted date without acceptable cause, the Employee will pay back the Employer all the relevant expenses spent by the Employer according to the contract as stipulated herein.

14. Arbitration

The two parties shall consult with each other and mediate any disputes which may arise about the contract. If all attempts fail, the two parties can appeal to the organization of arbitration for foreign experts affairs in Korea according to the Korean Regulations and Codes.

Both parties have executed this agreement on the date indicated below to the effective right away. Intending to be legally bound to, and in witness of, The Employer and the Employee have appended their signatures. This agreement will automatically expire when the contract ends if not renewed otherwise.

If there is a dispute between the parties involved in this contract, parties agree to the final judgment a Korean civil court, or Korean civil law, whatever the final decision may be.

This contract is signed in duplicate on the ________ day of _____________, 20_____ in English for each party�s perusal and keeping.



Thanks in advance,

DAZ

[wire]

The greenest newbie can pull more than 2.0 these days. Remember, they need you more than you need them. Push for, AT LEAST, 2.2.

Overtime should be at least 25,000 won/hour. They're lowballing you.

1 hour of prep each day? Why? Will you be creating lesson plans from scratch? Ask for 1/2 hour prep time.

Payday is on the 5th of the following month. Should be at the end of the month. It's a crap clause.

Part 3c. I have no idea what this is. Extended works...be afraid.

I don't think they'll be contributing to the pension. Unless I missed that part.

Holidays. Make sure national holidays and school vacation days are not the same. They are SEPARATE days. In your contract, it should list all the holidays you have off. And when you can take your vacation.

Interview kids? Horsesh*t. Everyone knows that the mom tells wonjongnim what level her son or daughter is at.

[Son Deureo!]

[daz1979]

[daz1979]

[wire]

Hey, I'd think real hard about signing on with a brand new school.

Usually it takes talking to former or current teachers to get the LOWDOWN DIRT on a hogwan. With a new school, you're going in blind.

I don't know, man. I dunno.

[alffy]

Hey, since it is a new school and they want you to start next week (Jan 2), and you have yet to sign the contract (therefore have not begun the Visa process), are they planning to fly you over first, have you work illegally for a while, and then send you on a Visa run later?

I know everyone else hates this kind of process (the illegal work), but if that's the case I might try it- even if you sign the contract without the Visa you are not bound to the school.

So if this is the case, sign the contract, have them fly you out, if it appears on first blush to be a truly chickensh*t startup outfit, look around and see what else is available. You'll probably have a decent job in a couple weeks. Then just walk away (you wont get paid for your few weeks of work, but you won't pay back your ticket either- so it roughly breaks even).

If it is a legit program and you're comfortable, do the Visa run and stick around.

And from your statements and the contract it truly appears you will be taking a chance with this school. But, hey, do you feel lucky?

Good luck.

[daz1979]

[daz1979]

Forrest Bump



I have to decide either way on this one by tomorrow!!! I still keep going bacwards and forwards!! Yes/no, sign/don't, worth a try/not worth the risk etc etc.

Can anyone else see anything suspect within the wording of this contract??


Regards,

Daz

[daz1979]

[Satin]

Everyone has told you the downfalls. What you do, is your decision. Remember that if you sign and it turns out to be a crap deal, people will be hestiant to sympathize after the warnings. It's not that all new hagwons are going to be bad. If you were all ready in Korea, you could have a better sense by visiting the area and the director to see if the position would be worth it. Going in blind, you have to live with what you signed for.

With so many better positons around, why are you in a hurry? A year doesn't sound like a long time, but if you're miserable, it can seem like an eternity.

And -- don't worry about the recruiter pressing you for an answer. More than likely, the job will still be available for some time.

[I-am-me]

.
"The kids or the children complain the Employee and/or the Employee�s teaching method in relation with the class."

That contract seems to be made so they can fire you easily. If the kids complain it is grounds for termination. I would keep looking for another school. Just too much crap in that contract. You will probably find the same with the school. Keep looking

[buymybook]

If you decide that you will sign, tell them to sign 2 copies of the contract(one for you, and one for them) and provide 1 for yourself before you sign.

They must sign before you and immediately give you a copy.

Do not hurry, if you have a choice in the matter.

I've signed a contract here that had really bad things in it but things turned out okay. What is equally important is the place/ the people you work for. Talk to native speakers who might work there, give me there phone number, I'll call them for you acting as a potential employee and then give you my initial reaction to the conversation.

If 5 or less employees work there(not counting the driver or part-time employees) then I would not work there. Small Hakwons are not required to follow ALL of the labor laws in S. Korea that a larger Hakwon is required.

PM me, let me know their phone number? Give me a name(english speaker/ability) whom I can ask to speak with, I'll call and tell them I'm looking for a job. Let me know what you want to know and I'll include that in my conversation about their Hakwon.

You need to know details such as break times. I don't think the number of hours per week(30) compute with the hours stated.

120 hours per month is alot. 2:30-8:30 is 6 hours, but you should have breaks which reduces the time to maybe 5 hours each day = 25 hours per week = 100 hours per month.

Think about it and get it in writing!!!

I work 4/50 minute classes per day at a public elementary school and then travel a very short distance(4 subway stops) and teach adults 3-4 hours per nite.

Between the 2 jobs I get 4.0-4.2 million Won minus housing/bills.

[PRagic]

Keep it simple as you have virtually no leverage. Get the pay and overtime set in stone, and don't sweat the little stuff. Other terms in contracts here are a starting point. Tell them what they want to hear, get the job with the salary and overtime hammered out in advance, and then go with the flow. You're going to be there an hour a day anyway, for example, so why gripe about the prep time.

[TheUrbanMyth]