Korean Job Discussion Forums

[crouchy]

Hey everyone, i would really appreciate your help in reading over this contract in which i have been offered. I'm unsure about the vacation pay and the housing situation....I'm new to this and i really need your help, if you have some kind of experience then please, please have a look at this and let me know what you think!

hank you, crouchy.

The following employment agreement is made between the following parties as listed and supersedes any previous agreement
made between the parties.

EMPLOYER EMPLOYEE
Institute XXXXX, XXXX
Seoul (XXXXXXX) XXX
I. BACKGROUND
1. The Employer is duly incorporated, organized and existing under the laws of the Republic of Korea.
2. The Employer is of the opinion that the Employee has the necessary qualifications, experience, and abilities to assist
and benefit the Employer in its business.
3. The Employer desires to employ the Employee and the Employee has agreed to enter into such employment under the
terms and conditions set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set out in this Agreement,
which have been considered sufficient, the Parties to this Agreement agree, as follows.

II. TERM OF AGREEMENT:
1. The Employee will commence employment with the Employer on the 1st day of XXXXX 200X (�the Commencement
Date�). Subject to termination as provided for in this Agreement (Cf. art. 52 -64), the term of this Agreement will be
in effect for a period of one year, starting on the Commencement Date, and ending on the 31st day of XXXXX 200X
(the �Expiration Date�).
2. The Employer and Employee will strive to have the Employee arrive at the Employer�s headquarters at
least 5 days prior to the start of his/her first day of class for orientation and training.

III. RENEWAL OF AGREEMENT:
1. The Employer will give the Employee a 45 day notice before renewal or non-renewal of the Employee's current
employment agreement.
2. The Employee will inform the Employer of their intentions and/or desire to resign or extend this agreement a full 60
days before the expiration date.
3. Various provisions of this Agreement extend past termination or expiration of this Agreement.

IV. ORIENTATION
1. Time allowing the Employee will have the opportunity to participate in an orientation session with the Academic
Department and Head Trainer. The Employee will also be able to receive a branch level orientation with the Head
Teacher and SLE/PIP Manager and observe 5 to 10 classes. The orientation may take 3 to 4 days to complete.
2. The new Employee will be paid W100,000 for successfully participating in the orientation. The Head Trainer will
deem who has successfully completed the training. The Employee will receive this pay on the 10th of their first
teaching month.

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
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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.
10. The Employee will also attend our amazing Christmas and Anniversary Ceremony.

VI. EMPLOYEE COMPENSATION & HOURS
1. The Employee will teach a minimum of four 4 classes up to a maximum of 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 W18,000 per class for
SLE classes, W18,000 + W2,000 per class for Pagoda Intensive Program (PIP) conversation and reading classes,
W18,000 + W4,000 per class for PIP writing classes, W18,000 + W4,000 per class for PIP advance classes and
W18,000 + W1,000 per class for Business English classes. The Employee will receive a flat rate of W23,000 for
teaching the Job Interview class and W20,000 for teaching the PIP Returnee class. Saturday classes will be paid at an
amount equal to 40% of the total class tuition for one month.
2. The Employee is required to teach only 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 3 - 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 Employee can teach additional weekend classes or perform extra interview hours.
3. The Employer will pay the Employee a minimum guaranteed salary of

W2,500,000 per month for the duration of the
employment agreement. To qualify for the minimum salary the Employee must be willing to teach at the assigned
times and for all class days that month and must also be able to teach the classes assigned. An Employee who did
not attend training, if training was offered for a certain class or has received student complaints while teaching a
certain class will be deemed unable to teach that class. Employees with less than 7 classes will be given
opportunities to perform other duties that will be paid at the Employee�s SLE hourly rate in order to qualify for the
minimum. The following is a non-exhaustive list of other duties that the Employee may perform: editing, lesson
reviewing, writing articles/lessons, weekend classes, PSC, SSC, student placement interviews and conversation
partner at Huh? Caf�. Employees teaching 7 classes automatically qualify for the minimum and will be paid
according to his/her hourly rate. (Ex. 3 classes x 20 days x W19,000 + 2 classes x 20 days x W23,000 + 2 classes x
20 days x W21,000 = W2,900,000 Ex. 7 classes x 20 days x W19,000 = W2,660,000)

4. 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.
5. 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.
6. 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 3 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 another 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.
3. 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 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
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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.

XI. HEALTH INSURANCE
1. The Employer and Employee will equally split the cost of the premium for National Health Insurance and this will be
automatically deducted from the Employee�s monthly salary.

XII. NATIONAL PENSION
1. Amendment #102 of the National Pension Law mandates that companies employing more than five foreign nationals
must withhold and forward the National Pension Tax from the wages of all legal aliens currently employed.
Participation is mandatory.
2. In accordance with this law, both the Employer and Employee will contribute equally towards the nine (9) percent
contribution rate. (The Employer and Employee contribute 4.5% each)
3. All Employees are eligible for a lump sum refund of all the premiums paid, if they are from countries that have a
reciprocal agreement with Korea, and if the Employee is leaving Korea.

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
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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 is 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 temporary accommodations and applicable real estate agent fees.

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 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.
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. 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 temporary accommodations and applicable real estate agent fees.
7. 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.
8. 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.
9. 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.
10. 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.

XVI. MODIFICATION OF AGREEMENT
1. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection
with this Agreement will only be binding if evidenced in writing signed by each party or an authorized representative
of each party.

XVII. CONFIDENTIAL INFORMATION
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1. In any position the Employee may hold, as a result of the Employee�s employment by the Employer, the Employee
may make use of, acquire, or add to information about certain matters which are confidential and the exclusive
property of the Employer, including, without limitation, student and employee information, information pertaining to
curriculum and programs, and current or potential business interests of the Employer. The Employee will ensure
and protect the confidentiality of such Confidential Information as defined by this Agreement. This obligation will
continue for a period of five (5) years from the date of the expiration or termination, as the case may be, of this
Agreement.

XVIII. NON-SOLICITAION
1. The Employee agrees that during the term of his/her employment with the Employer, and for a period of three (3)
years after the end of that term, the Employee will not in any way, directly or indirectly:
a. induce or attempt to induce any employee or contractor of the Employer to quit employment or retainer
with the Employer;
b. otherwise interfere with or disrupt the Employer�s relationship with its employees and contractors;
c. discuss employment opportunities or provide information about competitive employment to any of the
Employer�s employees or contractors; or
d. solicit, entice, or hire away any employee or contractor of the Employee

XIX. OWNERSHIP OF PATENTS AND/OR COPYRIGHTS
1. Academy will own all past, present, and future patents and/or copyrights for any inventions and any printable
and/or publishable material produced by an employee of
under the direct supervision of
during the
term of the agreement.
2. This Agreement will not apply in respect of any intellectual property, process, design, development, creation,
research, invention, know-how, trade-names, trade-marks or copyrights for which;
a. No equipment, supplies, facilities or Confidential Information of the Employer was used.
b. Was developed entirely on the Employee�s own time.
c. Does not result from any work performed by the Employee for the Employer

XX. GOVERNING LAW & VENUES FOR DISPUTE
1. It is the intention of the parties to this Agreement that this Agreement and the performance under this Agreement,
and all suits and special proceedings under this Agreement, be construed in accordance with and under and pursuant
to the laws of the Republic of Korea and that, in any action, special proceeding or other proceeding that may be
brought arising out of, in connection with, or by reason of this Agreement, the laws of the Republic of Korea shall be
applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which
any action or special proceeding may be instituted.

XXI. GOOD FAITH
1. The Employer and the Employee will act in good faith toward each other. The Employer will not dismiss the
Employee without what he/she reasonably considers good cause and the employee will do his/her utmost to
satisfactorily fulfill all the responsibilities and meet all the conditions as described in the above agreement and in the
Policy and Procedures Manual.

XXII. FULL KNOWLEDGE
1. The Employee agrees that he/she has read the entirety of this Employment Agreement and taken independent advice
upon it

Once again if you can have a look over this and let me know folks, thanks!

[Day Man]