Korean Job Discussion Forums

[matt]

I have read through most of these threads dealing with contracts ... I have turned down quite a few offers, and I hink that this contract looks the best .... getting paid 3,000,000 won per month, do work Saturdays, but it's only 36 hours a week, six days a week which is OK with me since the hours are 3:30-9:30 p.m. or 4:30-10:30 p.m.

Any other feedback would be very appreciated!!

Employment Agreement

This contract subjects the Employer, DYB Choisun Language Institute, and the Employee, _______________ to the following conditions and terms:


1. Duties and Position. The Employer agrees to hire the Employee in the capacity of an English language instructor. The Employee's duties including working location may be reasonably modified or changed at the Employer's discretion from time to time with consent of the Employee.

2. Period of employment. The Employee shall work 1year

3. Salary.
1) The Employer shall pay a monthly salary of \3.000.000(Korean won) for the basic 36 working hours per week.
2) A rate of \25.000 per hour shall be paid for any overtime work in excess of the required 36 working hours per week.
3) Salary shall be paid once a month on a date agreed upon by both parties.
4) The Employee shall receive a bonus equivalent to the last month's salary if the Employee successfully completes the entire stipulated employment period.

4. Absence without Leave.
1) Absence without leave shall cause deduction in salary which shall be calculated based on the number of hours the Employee was absent without leave.
2) Absence without leave, whether voluntary or involuntary, for 6 consecutive work days constitutes an automatic resignation.
3) If the Employee anticipates using sick leave shall inform the Employer as early as possible or least 2 hours in advance, so that continuity of duties may be maintained. In such case, a statement from a medical doctor or other acceptable proof that the employee was unable to work due to illness should be submitted.

5. Taxes. The employee is responsible for payment of the Republic of Korea income tax for alien resident workers. The foreign worker (resident alien) is required only to pay 3.3% income tax.

6. Class Days and Times.
1) During Semester: 3:30(4:30) - pm 9:30 (10:30) pm, Monday through Saturday
- Saturday : 2:00pm - 8:00pm
- 2nd, 4th Saturday and normal holiday : 8am - 2pm
2) During Vacation: 8:00am - 7:30pm, 4 or 5 days
3) Time spent on class preparation shall not be considered as working hours.
4) The Employee shall perform his or her duties on all Korean national holidays except the Lunar New Year and Chusuck holidays.

7. Housing.
1) The Employer shall provide private furnished accommodation, including: a TV, a bed, bedding, a refrigerator, a washing machine, and some kitchen supplies.
2) The Employee shall pay all utility bills, including: electric, water, gas, waste disposal, and any management fee.

8. Confidentiality of Proprietary Information. The Employee agrees, during or after the term of this employment, not to reveal any confidential information pertinent to the institute or this agreement to any person, firm, corporation, or entity. Should the Employee reveal or threaten to reveal this information, the Employer shall be entitled to an injunction restraining the Employee from disclosing same, or from rendering any services to any entity to whom said information has been or is threatened to be disclosed, the right to secure an injunction is not exclusive, and the Employer may pursue any other remedies it has against the Employee for a breach or threatened breach of this condition, including the recovery of damages from the Employee.

9. Reimbursement of Expenses. The employer will provide reimbursement for one-way economy class airfare to Korea. A one-way ticket will be provided in 2 weeks.
※ Employee must show receipts



10. Disability. In the event that the Employee cannot perform the duties because of illness or incapacity for a period of more than 3 weeks, the compensation otherwise
due during said illness or incapacity will be reduced by 40 percent. The Employee's full compensation will be reinstated upon return to work. However, if the Employee is absent from work for any reason for a continuous period of over 3 weeks, the Employer may terminate the Employee's employment, and the Employer's obligations under this agreement will cease on that date.

11. Copyright, Patent Ownership. All rights of copyright, patent, or any other intellectual property in any work which was created solely by the Employee or jointly with the Employee and the Employer or by other parties, during the performance of services or related thereto, will belong solely to the Employer, either by operation of the "work for hire" doctrine (to the extent applicable) or by assignment of all rights from the Employee to the Employer at any time, upon request of the Employer and without further compensation from the Employer.

12. Effect of Prior Agreements. This Agreement supersedes any prior agreement between the Employer or any predecessor of the Employer and the Employee, except that this agreement shall not affect or operate to reduce any benefit or compensation inuring to the Employee of a kind elsewhere provided and not expressly provided in this agreement.

13. Transit to and from Korea. Upon the condition that the employee either already resides in Korea or comes to Korea without an E-2 visa, the employer will provide reimbursement for round trip air tickets to Osaka, Japan to allow the employee to receive their visa at the Korean Consulate in this city.

14. Paid Annual Leave.
1) The employee shall receive 10 business days vacation.
2) The days must be arranged in cooperation with the Employer at least 1 month in advance.

15. Job Description. The Employee shall cooperate and comply with the instruction, training, and reasonable requests from the employer. The Employee shall carry out such reasonable assignments as directed by the employer. Such as, but not limited to the following

1) Practicing punctuality for all class
2) Instructing any phase of the institute's programs. Classes range from preschool to adult.
3) Following the assigned curriculum
4) Showing respect for other instructors and staff members
5) Assisting and working in cooperation with Korean teachers
6) Developing educational programs and materials
7) Engaging in out-of-class activities for/with students
Evaluating students' academic development on a regular basis
9) Attending regular and irregular meetings and workshops
10) Maintaining records on each student who is being taught including follow-up and periodic assessment and other reports as requested.
11) Reviewing new texts and submitting recommendations for future improvement
12) Modeling an international pronunciation
13) Exhibiting a care and concern for the betterment of each student
14) Grading assignments on a weekly basis
15) Creating new assignments which advance students' skills
16) Assisting in developing and implementing other education-related businesses

16. Dress Code. At all times during this agreement, professional appearance is required.
1) Males are to wear semi-formal business dress.
2) Females are to wear semi-formal business dresses, skirt-suits, or trouser suits and similar outfits accordingly.
3) The Employee isto maintain a professional appearance and clean personal hygiene. Hair should be kept clean and orderly. Facial hair should be either shaved or neatly trimmed. Clothing should be regularly laundered.

17. Resignation Notice. The Employee will agree to inform the Employer at least two months in advance of any significant changes in plan which might have any bearing on the Employee's period of employment and his/her ability to complete the term of employment.

18. Termination. Without cause, the Employer may terminate this agreement at any time upon 30 day written notice to the Employee. If the Employer requests the Employee will continue to perform his/her duties and will be paid his/her regular salary up to the date of

termination. Without cause, the Employee may terminate employment upon 30 days' written notice to the Employer. The Employee may be required to perform his/her duties and will be paid the regular salary to date of termination. Notwithstanding anything to the contrary contained in this agreement, the Employer may terminate the Employee's employment immediately at any time upon a notice to the Employee should any of the following events occur:
1) The Employee or any of his or her dependents act in violation of Korean law.
2) Any documents or information provided by the Employee regarding his/her credentials or qualifications for employment have been falsified or deliberately fabricated.
3) The Employee's conduct jeopardizes any students or staff members. The Employee is found to exhibit a derisive attitude through insult, derogatory language, expletives, and the like.
4) The Employee reveals a damaging drug or substance abuse problem.
5) The Employee is found to have violated the terms of non-disclosure and confidentiality of this contract and all professional agreements connected with employment at the institute.

19. Sole Employment Provider. The Employer shall be the sole employer for the Employee in South Korea during this employment. The Employee shall not seek any forms of income sources out of the institute without written consent from the Employer. If this happens, termination of employment and the corresponding E-2 visa will result.

20. Alien Employment Laws. This agreement will be governed by the appropriate laws of the Republic of Korea.



By signing this contract, both parties acknowledge the reading and understanding of this document and hereby authorize this contract.

[KYC]

the following clauses are RED FLAGS

[TBirdMG]

I concur with the previous poster. The following are BIG Yellow and Red lights:

1) Classroom prep, grading, and curriculum time is not included in work hours. You could be up till 2am with a blue pen.....
2) National holidays are not included.
3) No mention of pension, insurance, severance.
4) Do the math: 3mil / 144 hrs. = 20,833 won/hr. That's the same as 2.5 mil for the standard 120 hr. month.

Pass, or negotiate hard. I'd rather pass than try and remedy all this 'stuff'.

[The DON]

Working National Holidays! Those should be overtime days at the very least! 99.9% of the teachers in Korea get these days off with full pay. It's your call I guess.


The only things I really would demand to get changed are: