Korean Job Discussion Forums

[trinity24651]

I know this might be closing the barn door after the horse has gone...but could y'all tell me what you think of my contract?

FIRST YEAR EMPLOYMENT AGREEMENT FOR ( ) INSTRUCTOR


This EMPLOYMENT AGREEMENT (Hereinafter referred to as “contract”) has been made this ( )by and between NEWBRITON_ having its office at

ChoongNam, Korea (Hereinafter referred to as "employer"); and ( ) citizen of ( ) whose address is ( )(Hereinafter referred to as "employee").


Employment and employee agree as follows;


1. Employee accepts employment from employer to teach the English language under the terms and condition set forth here in the agreement for a period of twelve full and consecutive teaching sessions. Employment commences from the first day of orientation ( . .2006 ) and finishes on the last teaching day of the last teaching session covered under this agreement.


2. Duties

2.1 During the term of this agreement, the employee is required to prepare for, teach, and carry out all required administrative duties connected with classes assigned by the employer. The minimum teaching requirement is 110 hours per pre-established session

(110 hours means actual teaching hours, 1 session = 20 teaching days). Monday through Friday are teaching days except for scheduled public holidays and vacation days.


2.2 The employer will have the authority to require employee to perform teaching duties in excess of the minimum teaching requirement, such excess being no more than 20 hours per session. Total classes taught in excess of the minimum requirement are calculated on a monthly basis. Payment is made at the rate of 20.000 Won / hour.


2.3 No regular schedule of working hours can be guaranteed to employee. Payment made for assigned classes is inclusive of payment for preparation and administrative duties connected with those assigned classes as phone testing. Employee agrees to attend meetings and training workshops scheduled by employer. The purpose of meetings and workshops is to inform employee of matters relating to employee's duties and the institute's operation, or to assist in employee's professional development. No payment in excess of or in addition to employee's monthly salary will be made for attending meetings or workshops scheduled by employer.


2.4 Employee may teach classes in other locations such as colleges or other institutions which are scheduled by employer. Employee will be paid by actual teaching hours.


2.5 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.


2.6 When employee misses a class for personal reason, 30,000 Won per hour missed will be deducted from salary.


2.7 During the contract period, there will be two big programs as spring picnic, autumn gym or winter concert. These two events will be held on Saturday or Sunday, So every teacher will attend in these two events without extra payment.

Except the above two events, if there are program which held in weekend, school will ask teachers opinion and if teachers agree to join with that event, then teachers will attend 60,000 won will be paid for per day


3. Compensation


3.1 Salary: Except for the period of orientation and training, employer will pay employee for the minimum teaching requirement the amount of 2,100,000 Won for each session of this agreement. Payment for extra teaching class is made at the rate of 20,000 Won / hour. Total gross monthly earnings for the minimum teaching requirement is 2,100,000__Won/session.Teaching salary will commence from the first day of teaching. Korean income taxes and Korean National Pension Scheme and Korean medical insurance deductions will be withheld. Monthly salary payments will be made on or before the 14th day of the month following the month during which the employment services were provided.


3.2 Orientation and Training: Shortly after arrival in Korea, employee will be required to undertake orientation and training before commencing teaching. 30,000 won per day will be paid during the period of orientation and training. The period of training and orientation will usually be 3~5 day but employer reserves the right to reduce that period in cases where employee arrives in Korea less than five day before the commencement of a scheduled teaching session.


3.3 Severance Payment: Dependent upon completion of at least one full year (twelve sessions) of employment with employer, employee will be given, exclusive of monthly salary payments, an amount calculated as being the average of the last three session’s salaries. Korean severance tax will be withheld. This payment is made at the time of termination of employment.


3.4 Re-signing Bonus: In the event that employee completes the contract of his or her obligation after which both employer and employee agree to continue a second year contract, the employer will pay employee a bonus of 300,000 Won at the commencement of the second year contract.


4. Transportation


4.1 Transportation: Employer will provide for employee an economy class ticket for passage to Korea from an international airport which is mutually agreed to by employer and employee (henceforth referred to as point of departure). On completion of the full contract period, employer will provide for the employee an economy class ticket for passage from Korea to point of departure. The return air ticket will be provided at the time of termination of employment. In the event that the employee continues employment under a subsequent employment agreement with employer; the return air ticket will be provided at the time of completion of the subsequent contract period(s). Air tickets provided cannot be exchanged for cash equivalents or transferred to persons other than the employee. Employer does not agree to, and is not liable for, compensation to employee, whether in cash or otherwise, for air tickets which are not used by employee.



5. Housing


5.1 Employer will select and provide furnished living accommodations for employee. Furnishings will include a table, chairs, a two-burner gas hot plate, a refrigerator, a telephone, a television, a computer (possible internet) and a washing machine. Furnishings provided to each employee include: A bed, a wardrobe, and a fan.


5.2 The cost of monthly services, utilities, Internet connection, water, electric, gas ,oil charge and telephone charges for accommodation provided by employer will be shared by the employees sharing an accommodation. During any period of sole occupancy employee will be responsible for the cost of all monthly services, utilities and telephone charges.


5.3 Dependent on a written guarantee from a guarantor acceptable to employer, employer agrees that the deposit will be returned, in full, to the employee at the time of completion of employee's period of employment with employer. In the absence of such a written guarantee, employer will hold the full amount of the deposit until all outstanding monthly services, utilities, and telephone charges have been paid. In the event that employer makes payments covering monthly services utilities, and telephone charges on behalf of employee, the amount of such payments will be deducted from the deposit and the remainder of the deposit will be returned to employee. Employer agrees that payment of remaining amounts of the deposit will be made to employee within ten days after all outstanding monthly services, utilities, and telephone charges have been paid.


5.4 Employee is responsible for housing management. Excluding the problems attributed to the age of the provided accommodations, employee has to maintain the accommodation as it was when originally provided to employee. Employee may ask employer the procedure or the method to do that.


5.5 There is no other facility except the things on the contract. The extra things employee may need later are considered as expendable ones and it has to be paid by employee.

All the equipments that employee buy have to be terminated by employee's expense when the contract is completed.


5.6 Employee has to maintain the living accommodations clean for the next residents.


6. Holidays and Vacation


6.1 Employee will be entitled to observe public holidays and receive vacation days during the contract term according to the yearly schedule provided by employer before the commencement of the year to which the schedule refers. There are at least twenty (20) vacation days in each calendar year (January - December).


6.2 Employee will be provided a day-Korea trip once a month


6.3 Absence from Duties: Salary is not maintained when employee is absent from teaching duties.


6.4 Emergency Leave: Employee will be eligible to receive up to six (6) days of paid emergency leave in the event of death or serious illness in employee's immediate family, only when all necessary documents are provided.

Such emergency leave will be granted at the sole discretion of employer.


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


8. Dismissals or Voluntary Resignation


8.1 Employer will have the right to dismiss employee for unwillingness or inability to meet conditions of employment as set out under this agreement, for conduct seriously jeopardizing any student or staff person, or for criminal activity.


8.2 In the event that the employee is dismissed, or in the event that the employee voluntarily resigns prior to the termination of the term or this agreement, employer will pay salary due up to the date of termination. Employer will not pay the cost of return transportation to point of departure for employee, nor will employer pay any severance payment. Further, employer will be entitled to withhold an amount less than or equivalent to, but not exceeding, the cost of air fare provided for travel to Korea.


8.3 In the case employee breaks the working code or covenants, employer can dismiss employee.


9. Covenants


9.1 Employee hereby agrees, covenants, and undertakes that he/she will not undertake any teaching duties or employment with any persons or organizations other than the employer.

To undertake such employment is a breach of Korean Immigration law and can have serious consequences.


9.2 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.


10. 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.


11. Others

11.1 This contract states only basic regulations of working conditions and each clause should be recognized as a general rule. Thus, employee should follow the conditions of all items according to the attached regulations. The attached regulations may vary according to each situation.


11.2 While working at school, employee should behave according to Korean courtesy and culture and should try to maintain an open and positive attitude.

Employer and employee have executed this agreement on the date indicated below.

Intending to be legally bound to, and in witness of, employer and employee have appended their signatures.

[ttompatz]

[seoulsista]

I would be concerned about these issues:

2.3 No regular schedule of working hours can be guaranteed. This would be a big red flag for me. They can give you the worst working hours and you signed a contract saying they can.

Like the above poster said:

2.4 Is totally and completely a scam. Your boss is trying to make extra money by pimping you out when a friend of his wants an English speaker. This is illegal and if cought, you will be the one in trouble. Also, the employer would never agree to have this put on your ARC because he doesn't know who is going to ask him to "rent you" six months from now.
You could end up spending two hours in transit, unpaid so your boss can make some extra cash.

2.7 How long are these events. What are they? I suppose it doesn't matter because if you ask to change these other two things above they are going to tell you to forget it.

[oxfordstu]

[trinity24651]

I've emailed recruiter and asked for "complete disclosure". It's possible I may not be coming to K as soon as I had hoped and that I may have to look for another position. Are either of your places hiring??? It's hard for me to be confrontational in this situation especially when I don't what is good or bad. This time, I feel like I had that leg to stand on so thank you!!

[spliff]

sounds like you'll have shared housing as well...contract sucks a fat one I'd just assume stay home than come here under those terms..

[trinity24651]

This is really disturbing. I've read the critiques of other's contracts and I thought that I had a good one. Tell me good schools that you know of that might need a person to teach. I know there is a "search" mechinism...but right now, just don't feel like fooling with it...

[seoulsista]

A lot of new people, and I was once one, think "Well, what are the good schools?" You really can't list them. First, there's hundreds of decent schools. Each and every single one will try to screw you a little. That's Korea. But to recomend good schools just isn't possible.

You have to be patient, scrutinize every contract, talk to as many current teachers as you can and when all's clear cross your fingers and hope you found a decent one. I searched for four months for my current contract and was still not told the whole story before I was hired.

[twg]

What Seoulsista says is completely true.

But if you want to try, you can demand changes. And if they don't give it to you, you look elsewhere.

[alabamaman]

This was the straw that broke the camels back. If there is a clause that doesn't conform with Korean Labor Law, then there are plenty more that wont conform.

2.2 The employer will have the authority to require employee to perform teaching duties in excess of the minimum teaching requirement, such excess being no more than 20 hours per session. Total classes taught in excess of the minimum requirement are calculated on a monthly basis. Payment is made at the rate of 20.000 Won / hour.

Clause 2.2 makes reference to extended works. The remuneration for "extended works" in 2.2 is over 25,000 Korea Won. Having said that, the 20,000 Korean Won per hour for extended works doesn't conform with Korean Labor Laws.

Article 55 (Extended Work, Night Work and Holiday Work)

An employer shall 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, and the proviso of Article 67) and night works (works provided from 10 p.m. to 6 a.m.), Sunday or public holiday works.

[galen57]

Section 2.2 is also illegal from what I have read. You cannot be forced to work overtime.

I agree with everything the previous posters have said. This is not a good contract.

Talk with current teachers on this board and see if there are any openings coming up at schools that treat their teachers fairly. Remember that slavery only ended in the early 1900's in Korea and many hagwon owners are unaware of that.

[Voyeur]

didn't you say that you were over 50? how long has it been since you taught? Or have you taught? Are you slim or overweight? Doo you look old or young for your age?

These things can matter for getting a good contract. You may have to adjust your expectations some esp. for your first contract.

[trinity24651]

[Voyeur]

Pretty much.

Just remember Dave's is full of vets who generally forget how it is to benew - or were one of the few guys who got a dream first contract and think everyone can etc...

And to some degree, it is possible to do better than the average - often a lot better - if you follow their advice. But it can also be pretty frustrating too as it might take a long time for a newbie overseas to land their first gig if you are super picky.

But realistically, in your case, I'm not sure you are gonna get any of the betetr , Dave's recommended deals even if you tried. Let's just be realistic. If you are 50 and a lifer that is one thing. But 50 and first time over - well, to a lot of directors they will be wondering if you are a nut job. Granted looking young and blonde hair help a bit, but still IMO on paper you just suck right now. So don't hold out too much for the world's greatest job. I doubt you will get it. Now once you are over you have a chance to find a way to overcome the aforementioned disadvantages for your second contract and so on.

Anyways that is my view. Not trying to be harsh - just realistic. Just remember that in any contact with your employers the number one thing you need to get accross is some kind of plausible (for them) explanation of why a 50 year old (woman right?) who isn't a teacher and has no experience would possibly come to Korea and apply for jobs that are normally given to 23 year olds for a year of fun and savings right after college. You need to find some kind of story that will make them think you are not a weirdo, loser, incrediubly desperate or all of the above. If the truth won't cut it in their eyes then lie or whatever.

[trinity24651]

Voyeur - how old are you?