Korean Job Discussion Forums

[wsiggins]

This is my first contract, I am not sure whether I will take it or not but here it is. If any one who has advice or thinks I should ask them to change anything just let me know.

Employment Agreement for English Instructor

This Employment Agreement has been made by and between XXXX English School, a sole proprietorship organized and existing under the laws of the Republic of Korea and having its principle office at Gwonsundong Suwon, Gyunggido, S. Korea (hereinafter referred to as �Employer�); and XXXXXXXX, a citizen of _Canada (hereinafter referred to as �Employee�).

Employee has been selected and approved by Employer to teach the English language; therefore, Employer and Employee, in consideration of the mutual promised and covenants contained herein, agree as follows:

1. EMPLOYMENT OF EMPLOYEE:

Employer hereby employs Employee to teach the English language in form and manner and under the terms and conditions set forth here in this Employment Agreement.
.
2. PLACE OF EMPLOYMENT:

Employee will be employed to teach the English language at the address of the principal office as above (hereinafter referred to as �Institute�).

3. TERM OF RENEWAL:

The term of this Employment Agreement shall be 12 months full and consecutive months from the first day of work in Korea.
Contact term is from 2008- 08 - 01 to 2009- 07 - 31

4. DUTIES OF EMPLOYEE:

During the term of this Employment Agreement the Employee shall accept, obey, and strictly comply with the instructions, supervision, training, and discipline of the Academic Director and shall carry out such assignments as directed by the Academic Director. These duties shall include ESL instruction in all phases of the program, administrative duties related to the Employee, classroom duties, scheduled staff meetings, workshops, school sponsored outings, attendance(being at the job at the certain time that are agreed in advance ) and any other duties as may be assigned by the Academic Director. The Academic Director is responsible for establishing standards of performance relative to the Employee and empowered to take whatever steps necessary to ensure that those standards are met.

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

a. Teaching in any and all phases of the Institute�s program to classes that range from the Preschool to Middle school.
b. Substitute teaching
c. Development of educational program and materials.
d. Out-of-classroom activities for/with students.
e. Giving information to supervisor about students� attitude or results of lessons
f. Make the student use only English in class
g. Make the students focus on the lesson
h. Attendance at teacher�s meetings and workshops.
i. Other related activities.

During the term of this Employment Agreement, Employee will be required to perform work assigned to him/her by the Employer for 25~26 hours each week. Working hours a day are flexible according to school condition.
(Usually 5.25 hours a day) � 7classes a day (1class - 45min)

The Academic Director can request the Employee to work overtime hours and employee will get
Paid over wage (1class � 18.000 Korean won)
Employee understands and agrees that at all times during the term of this Employment Agreement, Employee shall strictly obey all laws, regulations, provisions, instructions, and guidance from the Government of Korea or any local government or officials thereof.

During the term of this Employment Agreement, the teacher shall cooperate, and comply with the instructions, training and supervision of the Academic Supervisor and shall carry out such assignments as directed by the Academic Supervisor. These duties shall include the instructional program, related to the teacher's classroom duties, attendance at scheduled staff meetings and workshops, and any additional duties as assigned by the Academic Supervisor. The Academic Supervisor is responsible for establishing and communicating the Standards of Performance as related to the above mentioned duties.

The Academic Supervisor shall also assign the teacher some duties such as lesson preparation prior to the classes.

5. COMPENSATION AND OTHER TREATMENT OF EMPLOYEE:

5.1 Salary

Institute shall pay Employee as compensation for all services rendered the total aggregate monthly salary of W2,200,000 Korean Won for the contract period with Institute. Korean income and resident taxes will be withheld each month(including overtime wage and severance payment). Overtime wages are W18,000 Korean Won per 1class
Through summer and winter intensive sessions.

5.2 Severance Payment

Employee will be given an additional one-month�s salary totalling W2,200,000 Korean Won for completing the Employment Agreement period. This total amount will be paid at the time of, and is dependant on, completion of the full contract term. This amount is also subject to Korean income and resident taxes.


5.3 Paid Vacation and Paid Sick Leave

Employee will receive ten (10) paid vacation days during the contract year. These days are in addition to all Korean National Holidays. Five vacation days must be taken in a row, and must be scheduled with approval of the Director, The other five vacation days are pre-scheduled by the Institute to be taken during the Institute�s summer and winter holidays. It is not the responsibility of Employee to find a replacement Instructor for Institute while Employee is on previously scheduled vacation days.

In addition, the Employee may take up to two (2) days of paid sick leave. Unused sick leave may not be taken as vacation leave. But after paid sick leave employee has to submit the medical certification in 3days. If employee doesn�t submit, it will be considered as absences from Institute without approval of Academic Director.

5.4 Housing

Institute shall select and provide an apartment, or a house, as an accommodation .
Institute shall provide furnishings for the selected location.

The Employee agrees to pay (200.000 won) as a housing management deposit. This deposit is to cover unpaid monthly services, utilities, telephone charges, and a cleaning fee if the Employee leaves without cleaning the house. The Employer agrees that the deposit will be returned, in full, to the Employee in the event of no outstanding charges. The Employer will deduct 300.000 won for the first month where the Employee makes their total base salary (i.e. a full month�s work). This deposit will be paid back to the Employee after all bills he/she is responsible for having been paid (usually about 2 months after leaving). The remaining money will be wired to the Employee to an account of the employee�s choosing.

5.5 Transportation

Employer will purchase for Employee an economy class ticket from the point of hire for passage on a regularly scheduled airline to Korea. In the event Employee completes the full Employment Agreement period, Employer will purchase for the Employee an economy class ticket for passage on a regularly scheduled airline to point of hire, from Korea. The return air ticket will be provided at the time of completion of the Employment Agreement. In the case Employee resigns voluntarily or recalls the Employment Agreement within 12 months, Employer will deduct the equal amount of airfare to arrive in Korea from Employee�s salary. If the employee working period is less than 12-months, return air fare will not be given.

6. DISMISSAL BY INSTITUTE:

Institute shall have the right at its sole discretion to dismiss Employee for clear and frequent neglect of duties under this Employment Agreement. Including, but not limited to frequent absences from Institute without approval of Academic Director, or good reason thereof, or for manifest inability to perform duties under this Employment Agreement. Provided, however, before any such dismissal, Employee shall be warned of dissatisfaction with performance and shall be afforded at least five (5) working days in which to remedy the situation. Criminal or other conduct inside! Or outside Institute that would in the opinion of the Academic Director seriously jeopardize any person or the reputation of its students, or its staff will be cause for immediate dismissal and no warning or time for remedy will be allotted.

In the event Employee is dismissed for any reasons set forth hereinabove or for any of the reasons set forth herein below, Institute shall have no duty and shall not be obligated to pay the cost of return transportation to the point of hire for Employee. Also Institute may require Employee to reimburse Employer for airfare costs from Employee�s point of origin to Korea.

Memo: In the case that employee want to dismiss voluntarily, he/she should inform it to
Employer 2 (full) months earlier.

7. COVENANTS:

Employee hereby agrees, covenants, and undertakes that he/she will not undertake any teaching duties or employment with any persons or organization other than the Institute without prior approval from Employer of the specific employment contemplated by Employee.

Employee hereby agrees, covenants, and undertakes that he/she will not disclose teaching materials, syllabus details, or any other information relating to the academic program, whether verbally or in written form, to individuals or corporate entities not employed by Employer.

8. MERGER CLAUSE:

This Employment Agreement constitutes the entire understanding between the two parties hereto with respect to the subject matter hereof, and supersedes all previous negotiations, commitments, and writings with respect hereto. Furthermore, this Employment Agreement nullifies and voids any previous contract between the two parties. Employer and Employee have executed this Employment Agreement on the date indicated below. Intending to be legally bound hereto, and in witness whereof, Employer and Employee have appended their signatures:


POINT OF HIRE:


_______________________ ________________________
(Employer Signature) (Employee Signature)


_______________________ ________________________
(Employer Name) (Employee Name)


_______________________ ________________________
(Date) (Date)

[air76]

There are no specified work hours....this means that they could give you split shifts or have you there till midnight....you need to have the work hours clearly defined as in 2:30-9:00 or whatever.

The percentage that will be deducted for taxes is not defined. It should be 3%.

The salary clause doesn't guarantee 2.2 million regardless of hours worked. This needs to be clarified as the MINIMUM salary.

Overall the contract is quite short and pretty vague. That being said the initial contract that schools send you is generally not going to look very good. You need to negotiate and negotiate and change clauses yourself until the contract fits what you want. This is the process with every hagwon, you should never just sign the first contract they send you.

[wsiggins]

[Zaria32]

Actually, I disagree about the income taxes. 3% is too much. There`s a website in which you cqn input your income qnd it tells you the tax rate. On 2.2 million it will be right at or just below 2%

[esetters21]

[nomad-ish]

don't sign that.

besides undefined working hours that someone else mentioned, they don't even specify what days you work. you could be doing a few hours here and there every single day. there's no clause about pension, health insurance, nothing detailing when these staff meetings/workshops will be and if they are paid.

also, 18,000W overtime is low (20,000-25,000W is decent). housing deposit of 200,000W and a bill deposit of 300,000W. yeah right. no 6 month waive clause for airfare.

etc. etc. don't even bother trying to fix this contract, put it in the garbage where it belongs.

as for the tax issue, i was told 3.3% is the rate for independent contractors in korea (and as E2 visa holders, we don't qualify). hagwons almost always take a cut where taxes are concerned.

at 2.2 mil and no dependents, you should be paying 39,930W a month or ~1.8%

http://www.nts.go.kr/eng/help/help_52.asp?top_code=H001&sub_code=HS05&ssub_code=HSE2

input your salary like this, ex. 2.2mil = 2200, 2.3mil = 2300

[icicle]

[Zaria32]

I was successful in getting mine changed at a hogwon also...from 3.3% down to under 2%

[wsiggins]

[nomad-ish]

[wsiggins]

[shantaram]

I thought this thread was titled, 'Any teachers experienced mind reviewing?'

Nothing would surprise me in Korea.