Korean Job Discussion Forums

[American_Maverick]

Have at it, and let me know what you think.

Article 1 (Purpose) This contract is made for the purpose of setting forth the terms and conditions of employment for native English speakers who participate in the English Program in Korea.


Article 2 (Status of Employment) Employee shall be hired pursuant to this Contract as a [□ 1+ level Guest English Teacher(GET) / □ 1st level GET / □ 2+ level GET / □ 2nd level GET / □ 3rd level GET].


Article 3 (Duties) GETs shall perform the following duties;
1. To assist Korean teachers with their English class(es) and/or jointly conduct English class(es);
2. To prepare teaching materials for English class(es);
3. To assist with the development of teaching materials related to English language education;
4.To assist with activities related to English language education and other extracurricular activities within the place of employment;
5. To conduct English conversational class(es)/course(s) for Korean teachers and students.
6.To perform other duties as designated by Employer including various English programs during the vacation.
7. Matters not explicitly stated in Article 3 follow the official regulations of each District Office of Education.

Article 4 (Supervision) Employee shall carry out the duties set forth in the foregoing Article 3 pursuant to and under specific instruction and supervision of the Supervisor of the Work Place designated by Employer.


Article 5 (Term of Employment) ① The Term of Employment shall commence on and end on .
② This employment period is not continuance and should not be considered as continuance of any former employment in other city/province. Hence, Employer shall hire Employee as a new ELI, commencing on .

Article 6 (Resignation) ① Employee shall perform the duties set forth under Article 3 hereof during the Term of Employment set forth under Article 5 hereof.
② However, if Employee should desire to resign from the English Program In Korea and thereby terminate this Contract, he/she must give Employer a thirty (30) day prior written notice of resignation stating a date of and a reason for resignation.
③ In the case of Employee's resignation, the airfare for the return flight shall be borne by Employee, and his/her visa shall be cancelled.


Article 7 (Work Place) ① Employee shall work at a Work Place as designated by Employer, and the Work Place may be a school, Provincial Office of Education, training center, or any other educational institute located in ********* Province.
② Employer may designate multiple Work Places for Employee.
③ Employer may designate Employee to work at a Provincial Office of Education, training center or other educational institute during the vacation. In this case, Employee shall not claim for any additional pay.


Article 8 (Work Hours) ① Employee shall work eight ( hours per day for five (5) calendar days per week from Monday to Friday and shall not work on Saturdays, Sundays and any national holidays of the Republic of Korea.
② The Work Hours of Employee may follow the normal work schedule of civil servants of the Korean Government; however, such Work Hours may be adjusted by Employer as he/she deems appropriate.
③ Actual class instruction hours of Employee shall not exceed twenty-two(22) hours per week. If, however, Employee's actual weekly class instruction hours exceed twenty-two(22) hours due to supplementary class instruction, Employee shall be entitled to a supplementary class instruction pay(20,000won～30,000won/hour).
④ Employer may require Employee to work overtime in addition to normal Work Days and Work Hours. In this case, overtime pay will be provided(6,000won/hour).
⑤ Matters not explicitly stated in Article 8 follow the official regulations of each District Office of Education.


Article 9 (Salary) ① Employee shall be paid the total amount of _______________ Korean Won (KRW) per month. However, the Korean income tax, medical insurance premium and the national pension contribution, as required under Korean law, shall be withheld each month from Employee's salary.
② Employee's salary shall be paid on the 25th of each month. If this day falls on a national holiday, Saturday or Sunday, the salary will be paid on the immediately preceding business day.
③ When Employee has not worked a full month, salary for that month shall be paid on a pro rata basis either from the first day or until the last day of work.
④ If Employee should be absent from work without having obtained a prior approval, Employee's salary for that month shall be lessened by the amount calculated on a pro rata basis for the number of unauthorized absent days.
⑤ Employee shall not claim, against Employer, any compensation and/or payment other than those provided for in this Contract.


Article 10 (Renewal) ① The Term of Employment stated in Article 5 hereof may be renewed by the mutual written agreement between Employer and Employee, provided that each renewed employment term does not exceed one (1) year.
② In the case of renewal of this Contract pursuant to the foregoing ①, Employee shall be given two weeks for a home leave which shall take place 2 calendar weeks prior to the contract end date specified in Article 5 hereof until the day immediately preceding the commencement of the renewed term. This two-week home leave will be counted as part of the contract term, and accordingly salary will be paid.
③ In the event that the employee travels to his/her home country (or another destination which is equal to or less than the distance to his/her home) pursuant to the foregoing ②, Employee's round trip airfare shall be reimbursed by Employer after Employee's return to Korea. The round trip airfare for Employee's flight shall be based on an economy class airfare(within 1.5 million won) of the most direct flight available.


Article 11 (Airfare) ① The airfare for Employee's flight, actual purchasing price, to Korea shall be loaned after the arrival by Employer based on an economy class airfare(within 1.5 million won) of the most direct one-way flight available from his/her permanent residence to Incheon International Airport, Korea. In case of the termination of this Contract within six (6) months, including renewals, regardless of course or ground therefore, Employee shall immediately pay back Employer the above mentioned loan. If Employee works more than six (6) months during the term of Employment from the date of commencement, Employee's obligation to pay back the loan provided pursuant to this provision shall be waived by Employer.
② If Employee works fully until the end of the Term of Employment and returns to his/her home country (or another destination which is equal to or less than the distance to his/her home) within 10 days from the expired date of the Term of Employment, Employer shall pay for Employee's return flight to his/her home (or another destination which is equal to or less than the distance to his/her home) based on an economy class airfare(within 1.5 million won) of the most direct flight available.


Article 12 (Housing) ① Employer shall provide Employee with housing selected by Employer. Housing selected by Employer may be, including but not limited to, a leased house, a studio-type room, or an apartment. Any and all fees, charges, costs, taxes, expenses, etc. incurred in using the housing shall be borne by Employee.
② If Employer is not able to provide housing for Employee, Employer shall provide Employee with 300,000 Korean Won (KRW) per month, as a rent subsidy, in lieu of the housing set forth in the foregoing ①.
③ Employer may provide temporary housing until the appropriate housing for Employee becomes available.

④ Employer shall decide whether to provide Employee with housing or a rent subsidy after discussion with the employee. Once decided, Employer's decision shall not be subsequently changed during the term of Employment.
⑤ If Employer provides housing to Employee, Employer may provide appliances and furniture such as a bed, table and chairs, a closet, a gas range, a refrigerator, a washing machine, a microwave, and a TV set. Employee shall not request or demand any other appliances or furniture than those provided by Employer.


Article 13 (Other Benefits) ① Employee shall be entitled to one time only settlement allowance of 300,000 Korean Won (KRW), when he/she first arrives in Korea. In case of the termination of this contract within six (6) months, regardless of course or ground therefore, Employee shall immediately pay back Employer the fore mentioned allowance.
② Employer shall provide Employee with half of the medical insurance pursuant to the 　National Medical Insurance Act of Korea. In the event Employee has his/her family living with him or her in Korea, Employer will also provide and pay for medical insurance premium for Employee's family.
③Employees working in remote areas (Wanju, Jinan, Muju, Jangsu, Imsil, Sunchang,　　　Gochang, Buan) may be eligible for a special rural allowance of 100,000 Korean Won (KRW) per month.
④Employees with the exception of Canadians, shall be eligible for exemption from paying Korean income tax during the period of the first two years if he/she provides the following documents to the employer before the first payment of salary:　1)"Residence Certificate" issued by a competent authority of employee's resident country 2) �an Application for Tax Exemption" on non-resident's Korean source income provided under the Korean Tax Treaty. If employee has already worked more than two years in Korea, he/she shall not be eligible for tax exemption.

⑤ The employer shall provide employee with half of the national pension plan deduction(approximately 4.5% of salary) pursuant to the National Pension Corporation Act of Korea. American or Canadian employee is eligible for a pension distribution refund if he/she submits the required documents to the Korean National Pension Corporation when he/she leaves Korea after the completion of his/her contract.
⑥ Employee shall be entitled to severance pay(equivalent to approximate one month's salary), upon successful completion of each one-year contract.


Article 14 (Paid Leave) ① Employee shall be entitled to a vacation period of a total of fourteen (14) workdays during the Term of the Employment set forth in Article 5 hereof. Employees working in a school system shall take the leave up to seven workdays during the summer and winter recess respectively; employees working in a training center shall take the leave up to seven workdays each semester. If the requested vacation period interferes with smooth work operations, employer/employee negotiate alternate vacation dates.
② Employee shall apply for and obtain Employer's consent to take a leave at least fifteen (15) days in advance.

Article 15 (Sick Leave) ① Employee shall be entitled to a paid sick leave if an illness or injury prevents him/her from performing the duties under this Contract, provided, however, that he/she obtains Employer's prior consent.
② When Employee takes a sick leave for seven(7) or more calendar days (inclusive of a national holiday, Saturday, and Sunday), Employee shall submit a practicing doctor's medical report to Employer.
③ Employee's paid sick leave during the Term of Employment shall not exceed fifteen (15) calendar days(inclusive of a national holiday, Saturday, and Sunday). If Employee requires a sick leave for more than fifteen (15) calendar days, Employee may take a further sick leave without pay.


Article 16 (Special Leave) ① Employee may take a Special Leave for a number of days as set forth below for each of the following events:
1. Seven (7) calendar days for Employee's marriage.
2. Seven (7) calendar days for the death of Employee's parent or spouse; five (5) calendar days for the death of Employee's child.
3. In case of a female Employee, ninety (90) calendar days for a maternity leave.
② Special leaves specified in items ① are available with pay. However, maternity leave shall be available with pay for only the first sixty days.


Article 17 (Codes of Conduct) ① Employee shall not behave in any manner which may damage or tarnish the reputation of the teaching profession. Employee shall comply with and observe any codes of conduct applicable to Korean teachers.
② Employee shall not engage in any other job (including a part-time job) during the Term of Employment set forth under Article 5 hereof.
③ Employee shall not be involved in any activities which may cause harm to the students or be of detriment to the reputation of the school.


Article 18 (Termination of the Contract) ① Employer may terminate or cancel this Contract upon occurrence of any one of the following events:

1. If Employee violates the laws of the Republic of Korea.
2. If Employee fails to perform or unsatisfactorily perform any of the duties stipulated in this contract.
3. If Employee fails to perform continuously his/her duties for more than a week without any excuse.
4. If any of the information provided in Employee's application is neither true nor accurate.
5. If it is determined that Employee is prevented from or incapable of performing his/her duties set forth in Article 3 hereof for a medical reason, whether it is a physical or psychological ailment. (If requested by Employer, Employee must be immediately available for a medical examination.)
6. If the sick leave used by Employee pursuant to Article 15 hereof exceeds thirty (30) days.
② In the event that this Contract is terminated pursuant to the foregoing ①, Employer shall pay Employee a prorated salary based on the number of days actually worked by Employee. In such event, Employee shall be responsible for the return flight to his/her home country. Employee's visa will subsequently be cancelled.
③ In the event of termination of this Contract pursuant to any of the provisions set forth in the foregoing ①, Employee shall immediately refund the loan to Employer pursuant to Article 11①.


Article 19 (Completion of Orientation) ① Employee shall complete an orientation conducted by the ********** Office Of Education.


Article 20 (Indemnity) Employee shall indemnify for and keep Employer harmless from any liability or damages arising from or in relation to any negligent, intentional or illegal activity of Employee during the Term of Employment under this Contract.

Article 21 (Consent to information provision) Employee agrees that the information on his/her application form and Personnel Record Card can be used for governmental statistics collected by employer and the Korean government.

Article 22 (Governing Law, Language and Venue) ① The terms of this Contract and the rights and obligations of the parties hereto shall be construed, interpreted and determined in accordance with the laws of the Republic of Korea.
② The Governing language of the Contract shall be Korean. The English translation of this Contract is made for the purpose of convenience.
③ If a dispute or disagreement should arise in connection with or out of this Contract, the parties hereto shall first try to resolve it in accordance with a principle of good faith. However, if the parties fail to mutually resolve such disputes or disagreements or come to amicable settlements, their disputes or disagreements shall be finally resolved by arbitration in Seoul, Korea in accordance with the Commercial Arbitration Rules of the Korean Commercial Arbitration Board.
④ Matters not explicitly stated in the Contract shall be determined by Employer by taking Employee's concerns into consideration.

Article 23 (Signature) In witness whereof, the parties hereto sign the Contract in triplicate on the date entered below with each party retaining one copy and submitting the third copy for Employee's visa application.


서명일 (Dated): 2008. . .

고용자(Employer's signature)

전라북도교육감 (직인)
성명(Name) 최 규 호(*********)
직책(Position) : Superintendent of ******** Provincial Office of Education, Republic of Korea

피고용자 (Employee's signature)

--_______________________________________
성명 (Name)

등록번호 (Social security number):

주소 (Address):

[cbclark4]

Is this EPIK GEPIK or SMOE and Which province?

[American_Maverick]

[joewaller]

Between articles 7 and 9 you can be asked to work anywhere at anytime... I'd also be unhappy with the housing clause as I do not want to be living in temporary housing while trying to find a place to live at 300,000 a month.....

[cbclark4]

It looks like the standard EPIK contract.

A public school contract is a public school contract is public school contract.

In the end it depends on the flexibiility of school you get assigned to.

My school has been flexible to a point.

For instance I get extra pay for camp time during the summer and winter
breaks, the same clause is in my contract saying no demand for pay.

I have heard some schools require you to sit in the school during the break, not mine.


You should strike this line from your contract:

"Employer may require Employee to work overtime in addition to normal
Work Days and Work Hours. In this case, overtime pay will be provided
(6,000won/hour). "

Make not that you are striking it and that you will not sign the contract
with this line in it and that you assume it is an error on the part of the
author or ask them to change it to 60,000won/hr.

[cbclark4]

By the way contracts are supposed to be discussed in the contract posting thread.

[American_Maverick]

[TheUrbanMyth]

[American_Maverick]