Korean Job Discussion Forums

[Ray del Mundo]

Hello, below is the "meat" of the contract. Note no overtime, return flight, sick time, or holiday pay is mentioned. What else? Many thanks for your help.

IV. TRAINING PERIOD
1. The Employee will go through an orientation session with the Academic Department and receive 3 days of training from the Head Trainer. The Employee will receive a branch level orientation with the Head Teacher and SLE/PIP Manager and observe 5 to 10 classes. The training period may take 4 to 6 days to complete.
2. The new Employee will be paid W25,000 for observing 5-10 classes anything less will compensated at W5,000/class. The Employee will also receive W25,000/day for attending training with the Head Trainer. The Employee will receive this pay on the 10th of their first teaching month.
3. The Employee will also attend a training session 2 to 3 weeks after they start teaching with the Head Trainer.
V. POSITION & DUTIES
1. The Employer will employ the Employee as an English Language Instructor to conduct professional, well-planned English language classes as specified in the Policy and Procedures Manual.
2. The Employee must punch-in 15 minutes before his/her designated shift starts.
3. The Employee will conduct himself/herself and dress in a manner befitting and conducive to the professional environment of the Employer, and as stipulated in the Policy and Procedures Manual.
4. The Employee will follow the rules, regulations, and practices of the Employer, including those concerning work schedules, split shifts, and vacation, as stipulated in the Policy and Procedures Manual.
5. The Employee may be required to attend retraining sessions and workshops throughout the term of his/her employment agreement should the Head Trainer, SLE/PIP Manager or Academic Department deem them necessary to help improve the Employee�s professional abilities. The Employee may also participate in any training sessions provided by the Employer.
6. The Employee will be subject to the general supervision of and act pursuant to the orders, advice, and direction of the Employer, including, without limitation, warnings, both verbal and written.
7. The Employee will to be subject to periodic reviews of his/her job performance, including in-class assessments and monthly evaluations as described in the Policy and Procedures Manual. As part of reviews of his/her job performance, the Employee may have to submit a lesson plan, a class syllabi and class materials, when requested to do so by the Employer.
8. The Employee will devote full-time efforts to his/her duties as an Employee of the Employer. Any and all other employment, whether alone or jointly with others, beyond the scope of this Agreement, including private tutoring, without the written consent of the Employer, is contrary to Korean law.
9. The Employee will attend all official meetings called by their Head Teacher, SLE/PIP Manager or Academic Department unless those meetings conflict with classes.

VI. EMPLOYEE COMPENSATION & HOURS
1. The Employee will teach a minimum of four 4 classes up to 8 classes/day, 20 days/month for a total of 80 to 160 classes per month. This will not include hours that the Employee works performing Student Placement Interviews, SSC, PSC or weekend classes. The teaching hours will be paid at the rate of W18,500 per class for SLE classes, W18,500 + W2,000 per class for PIP conversation and reading classes, W18,500 + W4,000 per class for PIP writing classes, W18,500 + W4,000 per class for PIP advance classes and W18,500 + W1,000 per class for Business English classes. Saturday classes will be paid at an amount equal to 40% of the total class tuition for one month. The Employee can teach more than 8 classes/day if a situation arises in which the Employer asks them to do so.
2. The Employee is required to teach a minimum 2 months of Saturday classes during the duration of this agreement and may be required to conduct 5 hours of Student Placement Interviews every month upon completing 4 -6 months of teaching at the request of the Head Teacher or SLE/PIP Manager. Interviews, PSC and SSC will be paid at the Employee�s SLE class pay. The Employer will pay the Employee a minimum guaranteed salary of W2,590,000 per month during the period of the employment. To qualify for this minimum salary the Employee must be willing and able to teach 140 classes for that month or perform other duties (SLE interviews, PSC or SSC) that equal 140 classes for the month.
3. Any monies due to the Employee for one full month of work will be paid on the 10th of the following month. If, due to civic holidays or other circumstances, it is impossible to pay compensation to the Employee on this day, the Employer shall pay compensation 1 day before or no later than 2 days after the 10 of the month.
4. The Employer is entitled to deduct from the Employee�s compensation any applicable deductions and remittances as required by Korean law. Such deductions will be fully disclosed to the Employee and made available for his/her review in the form of a monthly pay sheet.
5. Severance pay will be paid upon the full completion of the one-year employment agreement period and full discharge of the duties as per the Employment Agreement. Severance pay will be paid within 14 days following the completion of the employment agreement. Pay received in the form of a percentage of tuition will not be included in severance pay (i.e. Saturday classes).

VII. COMPENSATION INCREASES
1. The Employee will be eligible for a pay increase after 6 months� employment under this Agreement. This pay increase will be determined based on job performance, as stipulated in the Policy and Procedures Manual.
2. The Employee will be eligible for a further pay increase after 12 months� employment under this Agreement, provided that both Parties agree to the renewal of this Agreement or sign a new Agreement. This pay increase will be determined based on job performance, as stipulated in the Policy and Procedures Manual.

VIII. AIR FARE
1. If the Employee is residing outside of Korea when this Agreement is signed, the Employer will prepay the cost of an economy class one-way airplane ticket, on a carrier of the Employer�s choosing, to Seoul from the city in which the Employee is residing. This reimbursement is dependent on the Employee having a working E-2 Visa with the Employer before entering Korea. All decisions regarding this ticket, including route, stopovers, and class, will be made at the Employer�s discretion. Beyond the airfare and applicable sales taxes, the Employer will not be responsible for reimbursing the Employee for any other expenses incurred while traveling pursuant to the Employer�s directions.
2. If the Employee is residing in Korea when this Agreement is signed, the Employer will provide the Employee with a round-trip airplane ticket to Japan, on a carrier of the Employer�s choosing and one night�s accommodation for the purpose of obtaining a work visa. All decisions regarding this ticket, including route, stopovers, and class, will be made at the Employer�s discretion. Beyond the airfare and applicable sales taxes, the Employer will not be responsible for reimbursing the Employee for any other expenses incurred while traveling pursuant to the Employer�s directions.

IX. TEMPORARY ACCOMMODATIONS
1. The Employer will pay for the lodging for up to 7 nights of the Employee's stay in Seoul at a facility chosen by the Employer. After 7 days of lodging, the employee will be responsible for all lodging costs. This will apply to those who have already obtained an E-2 VISA with the Employer. The Parties agree to cooperate in good faith to expediently locate suitable permanent housing for the Employee as soon after the Employee�s arrival in Korea.

X. HOUSING
1. The Employer will pay up to W5,000,000 as a housing deposit on an apartment of the Employee's choosing after a lease agreement has been signed by the Employee. The Employer will provide the Employee with a W100,000/month housing allowance. The Employer will also provide certain furniture items for the Employee's apartment, which will include but not necessarily be limited to a bed, mattress, refrigerator, gas stove, washer, and wardrobe. All furniture, in the condition in which it was received must be returned to the Employer upon expiration or termination, as the case may be, of this Agreement.
2. If the Employee would like to change his/her housing during the current lease with his/her landlord, the Employee is required to notify both the landlord, the Housing Manager and SLE/PIP Manager of his/her intention to move at least 60 days prior to the scheduled moving day. The Employee is solely responsible for continued payments of rent and/or maintenance fees until his/her lease has expired or till the Employee or landlord finds another tenant to take over his/her lease. The Employer will not provide key money for the new housing until the landlord releases the original housing deposit.
3. The Employer will pick up or arrange pick up for the Employee and their belongings. This applies to Employees who are arriving on a flight arranged and/or approved by the Employer and who are in possession of a valid E-2 Visa (not applicable to Employees returning from a Visa run).
4. The Employee may required to pay the first month�s rent at the signing of the lease (approx W400,000 � W600,000) or it may be deducted from his/her first month�s salary depending on the landlord�s policy.
5. The Employee is solely responsible for the payment of all rent and utilities for his/her permanent housing for the full lease term.
6. Upon expiration or termination of this Agreement, Employees are required to return apartment keys to the Housing Manager or Landlord. Employees will be asked to allow the Housing Manager or Landlord to show their apartment to potential new tenants prior to the completion of their housing lease as is the custom in Korea.
7. The Employee agrees to a security deposit equal to two months rent. The deposit will be deducted equally from the Employee�s first 4 monthly salaries.
8. Upon expiration of the housing agreement and after all accounts have been settled in full all monies withheld minus the amount paid out for any outstanding bills, if any, will be wired to an account designated by the Employee, with any wiring fee paid by the Employer.
9. If the Employee currently resides in Korea and is in a housing situation in which the housing deposit and furniture from the Employer is not needed nor desired, the Employer will pay the Employee a monthly housing allowance of W 250,000.
XIII. VACATION
1. The Employee is entitled to one (1) full month vacation during the term of this Agreement, the time for which will be determined by mutual agreement between the Employer and the Employee.
2. Vacation can only be taken after completion of the first 6 months of the term of this Agreement. Any and all exceptions are at the discretion of the Employer.
3. Vacation cannot be taken in the last month that the Agreement is in effect, regardless of whether or not the Agreement has been renewed. Any and all exceptions are at the discretion of the Employer
4. Vacation is not permitted during the peak months of July, August, January, and February. Exceptions will be made at the discretion of the Employer.
5. Vacation are taken for the full month specified. No splits or combination of vacation time is possible.
6. The total vacation pay per employment agreement period (1 year) will be the equivalent to 40 hours of teaching at the Employee�s regular teaching rate. Any and all vacation pay will be paid to the Employee at the expiration of a one-year employment agreement.
7. If the employment agreement is renewed or extended any accrued vacation time will not roll over nor will it be applicable to the new term of the employment agreement.

XIV. TERMINATION BY EMPLOYEE
1. If, for any reason, the Employee chooses to terminate the employment agreement before the full completion of the employment agreement period, he/she must give the Employer a minimum of 45 days written notice.
2. If, for any reason, the Employee chooses to terminate the employment agreement before the full completion of the employment agreement period, he/she will forfeit his/her severance, accrued vacation pay.
3. If, for any reason, the Employee chooses to terminate the employment agreement during the first 6 months of the term of the employment agreement, the Employer will withhold an amount equivalent to the amount of airfare previously provided to the Employee. If, for any reason, the Employee chooses to terminate the employment agreement after the first 6 months and prior to the completion of the term of the employment agreement, the employer will withhold an amount equivalent to half the amount of airfare previously provided to the Employee.
4. If the Employee or Employer terminates this employment agreement at any time the Employee will be responsible for reimbursing the Employer the cost of the lodging.

XV. TERMINATION BY EMPLOYER
1. The Employer retains the right to dismiss the Employee if, for any reason during the period of the employment agreement, the Employee is unable to meet the conditions as described in the employment agreement or is unable to discharge the responsibilities outlined in Pagoda�s Policy and Procedures. The Employer's decision will be final in such matters.
2. The Employer retains the right to dismiss the Employee if the Head Teacher, Branch Manager and Academic Director deem the quality of his/her work unsatisfactory. Before such action is taken the Employee will go through a retraining and counseling session(s) with the Head Trainer and/or Head Teacher.
3. Use of drugs, alcohol intoxication during work hours, criminal activity or corruption of public morals will result in immediate termination of the employment agreement. No notice period will be given. (Para VII Section C of Pagoda�s Policy and Procedures)
4. If, for any reason, the Employer chooses to terminate the employment agreement before the full completion of the employment agreement period, the Employee will forfeit his/her severance and accrued vacation pay.
5. If, for any reason, the Employer chooses to terminate the employment agreement during the first 6 months of the term of the employment agreement, the Employer will withhold an amount equivalent to the amount of airfare previously provided to the Employee. If, for any reason, the Employee chooses to terminate the employment agreement after the first 6 months and prior to the completion of the term of the employment agreement, the employer will withhold an amount equivalent to half the amount of airfare previously provided to the Employee.
6. In case of termination for any reason, the Employee is required to sign a notice of termination and accompany a Pagoda staff member to the Seoul Immigration Office to notify the Seoul Immigration Office of the termination.
7. Notwithstanding the date of termination, the Employee will diligently execute and complete his/her employment responsibilities to the Employer at the reasonable direction of the Employer. Failure of the Employee to responsibly execute his/her obligations to the Employer during the notice period will be considered to be an abandonment of his/her obligations and will be sufficient cause for immediate termination of the Employee.
8. In spite of anything contained in this Agreement to the contrary, in the event that the Employer will discontinue operating its business at the location where the Employee is employed, then, at the Employer�s option, this Agreement will terminate as of the last day of the month in which the Employer ceases operations.
9. In spite of anything contained in this Agreement to the contrary, the Employer has the option to terminate this Agreement in the event that the Employee becomes unable to perform his/her duties, for a period of 30 consecutive days due to ill health, physical or mental disability or for other causes beyond the Employer�s control.

[cbclark4]

Isn't there a sticky for this?

cbc

[alabamaman]

( 1 )

[spliff]

Don't accept any security deposit as it's illegal (unless both parties agree to it). So just tell them to take it out of the contract...unless you want to agree to it and lose it if things go south and you have to bail.