Korean Job Discussion Forums

[szlogan]

This is the first offer i've received and i need help.

i know that the overtime pays is for 18000 not sure if it ok... actually it does not bother me with it being a little less than 20000.

2 saturday for the year doesn't seems all that bad. unless if someone has other views on this.

issues that i can confirm are accomodation, work hours

my main issue is that it is apparently an existing school being expanded to this new location. and i might not be able to confirm with existing/ex teachers. Any suggestions here?


Thanks
S.


ONE-YEAR EMPLOYMENT AGREEMENT FOR ENGLISH LANGUAGE INSTRUCTOR



This employment agreement has been made this January, 2007 by and between Language Institute(hereinafter referred to as "employer"); and ____________________________, a citizen of ______________________________ whose address is _________________________________________________________________________ (hereinafter referred to as "employee").



EMPLOYER AND EMPLOYEE AGREE AS FOLLOWS



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



. . . 2007 to . . 2008



Teaching Duties



1.0 Regular Duties: During the term of this agreement, the employee will be required to prepare for, teach and carry out all required administrative duties connected with classes assigned by the employer. Payment made for assigned teaching periods is inclusive of payment for preparation and administrative duties connected with those assigned classes.

The employee agrees to attend meetings and training workshops scheduled by the employer. The purpose of meetings and workshops is to inform employees of matters relating to employees duties and the institutes operation, or to assist in employees professional development. No payment in excess of or in addition to the employee's monthly salary will be made for attending meetings or workshops scheduled by the employer.



The teacher's work shall consist primarily of the following:

a . EFL instruction in any and all phases of the Institute's program

to classes that range from the pre-school to high school .

b . Grading and evaluation of students.

c . Attendance at teachers' meetings and workshops.

d . Following the teaching manual.

e. Correcting students' homework.

f. Development of educational program and materials.



1.1 Teaching Hours: The maximum teaching requirement is an average of Six (6),

45 minute periods per teaching day, such average being calculated over each month. Monday through Friday are teaching days except for scheduled 2 Saturdays per year.





1.2 Report time: During the term of this Agreement, the employee will accept and comply with the reporting time . The employee will be required to report to the school at least an hour before his or her first lesson.

1.3.The employee should follow the school rules like report time ,dress code , class manner ,ways of teaching made by the employer.





Compensation and Other Treatment of Employee



2.0 Pension and Korean Labor Law: By law, the employee is subject to the same labor laws as Koreans; therefore, the employer and the employee agree to follow Korean Labor Laws governing the Korean Pension (social security) program and other regulations. Any event not described in this contract shall be resolved in accordance with Korean Labor Law Standards and related regulations, or by mutual consent of both parties.



2.1 Transportation: Employer will provide for employee an economy class ticket for passage to Korea from an international airport, which is mutually agreed to by the employer, and the 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 subsequent employment agreement with the employer; the round trip air ticket will be provided at the time of completion of the first year contract period in order to let the employee visit his/her hometown for 14 days(Including Saturday and Sunday).



2.2 Salary: Except for the period of orientation and training, The employer will pay The employee for the minimum teaching requirement mentioned above the amount of

2.2 Million Won for each month of this agreement. Teaching salary will commence from the first day of teaching. Korean income tax(3.3%) will be withheld.

The overtime pay will be 18,000 Won per teaching hour(45 minutes). Attendance at staff meetings and workshops won't be considered as overtime.

More than 30(45minutes) lessons per week is consider as overtime.



2.3 Orientation and Training:

Shortly after arrival in Korea , employee will be required to undertake orientation and training before commencing teaching. The period of orientation will be considered as working days.

The orientation period will be spent in the institute preparing for classes and learning the instructional system.



2.4 Emergency Leave: Employee will be eligible to receive up to seven (7) days (Including Saturday and Sunday) of paid emergency leave in the event of death in the employee's immediate family. The immediate family of the employee for the purpose of this paragraph will be limited to only the legal spouse, parents, brothers, sisters, and children. Such emergency leave will be granted at the sole discretion of the employer. In the event that the employer grants the employee emergency leave, the employee will bear all cost of transportation. Payment for emergency leave will only be made in the event that the employee resumes duties with the employer.



2.5 Severance Payment: Dependent upon completion of at least one full year of employment with the employer, The employee will be given one month salary as payment. This payment is made at the time of termination of employment.



2.6 Paid Holidays and Vacation: The employee will be entitled to observe public holidays and receive vacation days during the contract term according to a yearly schedule provided by employer before the commencement of the year to which the schedule refers. There are ten (10) vacation days in each calendar year (5 working days in Summer and 5 working days before the end of the contract).



2.7 Medical Insurance: The employee will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The costs of this coverage will be borne half by the employer and half by the employee.



2.8 Accident Compensation: In the event that the employee sustains injuries from an accident or mishap during the course of normal work duties, or within the premises of place of employment, the employer agrees to pay all medical and hospital costs which are in excess of those covered by medical insurance. 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 in excess of these covered by medical insurance.



2.9 Sick Days : In the event that the employee needs hospitalization due to a serious illness , the employer agrees to support 5 paid sick days off during this contract period.



3. Housing



The employer will provide furnished living accommodations include ; Computer ,TV, DVD player ,air-conditioner, toaster ,refrigerator, bed, dishes, kitchen table, chairs, two-burner gas hot plate, ,blanket, pillow, wardrobe, and washing machine. Selection of apartments will be made by the Employer. The cost of monthly service (security , utility, and telephone charges for the accommodation provided) will be paid by the employee. In the event that the employee completes this contract, is dismissed or voluntarily resigns and does not pay all outstanding monthly services, the employee can not leave Korea and will be reported a national collection agency if charges are not paid in a timely manner.

3.1 Security deposit for the Apartment : 500,000 Won from the first payment will be deposited to the employer as house security deposit. It will be returned to the employee when the employee leaves.









Dual Employment Prohibition



4.0 Illegal Employment: The Employee, after signing the agreement and receiving a work visa, can only legally work for the Institute designated by the Employer. If the employee works for any other institutes, companies, or individuals without the consent of the Employer and The Korean Immigration Office, The Employee shall pay one month salary and the total cost of hiring and replacing the Employee and any other losses ensued by his/her conduct, including losses incurred by the Institute if they lose their license to operate the school.



Dismissal or Voluntary Resignation



5.0 The Employer will have the right to dismiss employee for unwillingness or

inability to meet conditions of employment as set out under this agreement,

including neglect of duties. 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.



5.1 The Employer will have the right to dismiss employee for conduct

jeopardizing any student , staff person or the Institute .



5.2 The Employer will have the right to dismiss employee for bad influence

that cuts down school image.



5.3 The employee should follow the school rules like report time ,dress code ,

class manner ,ways of teaching made by the employer.



5.4 In the event that the employee is dismissed, or in the event that the

employee voluntarily resigns prior to the termination of the term of this

agreement, employer will be obligated to pay all salary due to date of

termination. The Employer will have no duty and will not be obligated to pay

the cost of return transportation to point of departure for employee, nor will employer be obligated to pay any severance pay. Further, the employer

will be entitled to withhold an amount less than or equivalent to, but not exceeding, the cost of airfare provided for travel to Korea.



5.5 The employer should pays the salary on time . More than 3 days of late payment ,the employee has a right to break this contract. In this case the employer should pay severance payment calculated by month and returning air- ticket for the employee.





5.6 In the event that war, civil disturbances, or political conditions prompt a directive from the government of the Republic of Korea or the government of employees citizenship to leave Korea, this employment agreement will be terminated as of the date of such directive. In such case, the employer will provide to the employee an air ticket to point of departure, irrespective of length of employment period. All salary due at date of termination will be paid. Pro-rated severance pay will be given for periods of employment of less than twelve months.



Covenants



6.0 The 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.



6.1 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 the 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 the employer.



6.2 If the employer violates or does not fulfill the terms of this agreement, the employee is not responsible to fulfill the contract.



Jurisdiction



7.0 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.



7.1 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 translation.







7.2 The Employer and the employee have executed this agreement on the date indicated below. Intending to be legally bound to, and in witness of, the employer and the employee have appended their signatures











Date Date





Director Teacher

[szlogan]

i thought i created this post in the sticky.... not sure how to move it in there now..!!!

Sorry to everone for breaking the rules/guidelines by accident.

[chris_J2]

Security deposit for the Apartment : 500,000 Won from the first payment will be deposited to the employer as house security deposit.

I don't like the look of that one. It wasn't in any of my contracts.

[garykasparov]

ONE-YEAR EMPLOYMENT AGREEMENT FOR ENGLISH LANGUAGE INSTRUCTOR



This employment agreement has been made this January, 2007 by and between Language Institute(hereinafter referred to as "employer"); and ____________________________, a citizen of ______________________________ whose address is _________________________________________________________________________ (hereinafter referred to as "employee").

EMPLOYER AND EMPLOYEE AGREE AS FOLLOWS

Employee accepts employment from employer to teach the English language under the terms and conditions set forth here in this agreement for a period of twelve full and consecutive months.

[StAxX SOuL]

[blonde researcher]

That contract is incredibly punitive and "smells" of being written by an employer who has been burned in the past with bad or runaway teachers.

The more you read it, the more you realize you can be fired for just about anything you do - or dont do!!

Plus you could end up paying back money for just about everything you got in the first place.
I think it would be a near impossibility for you to ever get the high one off payment 'security deposit' of 500 000 back.
The deposit is not defined as belonging to the housing and could be attached to anything. By loosing 500 000 in your first pay to this deposit you will be living on bread and water for up to 6-8 weeks after you arrive! Especially if your first pay only goes through 6-7 weeks after you start work.

In my opinion Do not accept this contract in its present form. Ask your recruiter ( if you are using one) why it seems so punitive and defensive.

[The_Conservative]

Don't sign this. I just quickly skimmed through this, but here are some red flags I noticed.


1.1

2 Saturdays per year? Doesn't sound like much, but they could just be 'testing the waters' so as to speak. I wouldn't agree (at least without knowing what those Saturdays will be used for.


2.2.

Unpaid orientation/training? It's not a good sign when they start nickle and diming you like that right off the start.

3.1

500,000 deposit? You are just as likely never to see that again as to get it back. Don't agree.


4.0.

This is a nasty one. You could be fired for some other reason...but they could claim it was because you were teaching illegally, and then you would end up paying one month salary and your hire's replacement PLUS "any other losses...including losses incurred by the Institude if they lose their license to operate the school". That could run into the tens of millions of won. Do NOT agree under ANY circumstances.



5.4

You should not have to pay back airfare after six months. Insist upon that being written into the contract. Many hakwons offer this...no reason why yours shouldn't, except that they are cheap.


I'd keep looking.

[Crowzone]

There's way too many vague clauses in this contract for my taste, but other people have pointed them out to you. The killer for me is 4.0. I would not sign this contract at all. I thought that it was illegal for them to put in a penalty clause like this in a Korean labor contract, but I may be mistaken. In any event, this is a BIG NO to me. Even if you have no intention of working illegally, all it takes is one pissed off student, parent, or director "SAYING" you were doing it, and bam, you are up s*it creek.

Don't sign this contract without a serious change to 4.0 It needs to have everything about you being charged any type of fine or penalty removed, period.