Korean Job Discussion Forums

[KoreanNam]

Hello,

I was wondering if anyone could help lead me in the right direction to a couple of questions. I am going out to Korea with my girlfriend in the beginning of January having not signed a contract yet. I have a couple of offers on the table which I could sign but am hesistant. I can get an F4 visa easily once I am out there, as my brother has the documentation in Seoul. Is this a good idea to come out to Korea without a job (we do have money saved up to slide by for a while) with my girlfriend? I know this part should be in contracy postings, but is this a legit contract? Thanks for the input.

Download the original attachment
Employment Agreement

Sarah�s English Academy

This EMPLOYMENT AGREEMENT has been made by and between ()Managing Director) of (hereafter referred to as �Employer�) and () a citizen of U.S.A. whose address is ___________________________________________________________________ (hereafter referred to as �Teacher�)

EMPLOYMENT OF TEACHER
Within the parameters of Korean Labor Law, Employer hereby employs Teacher to teach English language classes under the terms and conditions set forth here in this Agreement.
Within the parameters of Korean Labor Law, Teacher hereby accepts employment from Employer to teach English language under the terms and conditions set forth here in this Agreement.

QUALIFICATIONS
Teacher must be judged qualified to teach and be able to submit all the necessary documents required by the hiring procedure of the institute.
PLACE OF EMPLOYMENT
Place of Employment will be 5F Heejung B/D, Banpo 4-dong, Seocho-gu, Seoul, 137-802, Korea

DUTIES OF TEACHER
During the term of this Agreement, Teacher will accept, and comply with the instructions and supervision of the Academic Supervisor. These duties will include instruction in any and all phases of the instructional program, administrative duties related to classroom duties, attendance at scheduled staff meetings and workshops, trainings, student placement interviews, counseling for feedback, lesson planning, preparation, and any other duty as may be assigned by the Academic Supervisor. No regular schedule of work hours can be guaranteed to Teacher. The Academic Supervisor is responsible for establishing the environment necessary for work and lecture.
Teacher may be required to participate in training and trial period in order to become accustomed to the curriculum and Korean culture.
Teacher must be punctual to all classes, workshops, staff meetings and any other work-related functions.
Teacher must inform Academic Supervisor of any necessary changes in classroom or hours.
When performing English language instruction, Teacher�s attire must be clean and show dignity of Teacher. Torn pants, revealing clothes and slippers are not allowed.
At all times during the term of this Agreement, Teacher will directly adhere to and obey all the rules and regulations that have been, or may hereafter be established by Employer for the conduct of Teacher or generally for the conduct of instructors at the Place of Employment.
Teacher will be present at the place of employment and available to perform regular or special duties as specified herein above except for those days (which are Teacher�s regular assigned vacation days as provided herein below and in case that Teacher is not able to attend the place of employment due to illness or accident).
Teacher will teach from Monday to Friday.
The number of teaching hours per week is thirty hours.
Any time worked over 120 hours per month is deemed overtime. Only classroom contact hours in excess of 120 hours per month and when approved by the Academic Supervisor are considered overtime.
Payment made for assigned teaching periods is inclusive of payment for preparation and administrative duties connected with those assigned classes. Attendance at scheduled staff meetings, counseling for feedback, lesson planning and workshops are not considered overtime nor teaching hours. No payment in excess of or in addition to Teacher�s monthly salary will be made for attending meetings or workshops scheduled by Employer.
Regular teaching hours will be as follows:
Monday, Tuesday, Thursday, Friday: 2:40pm � 9:15pm
Wednesday: 2:40pm � 6:30pm
There will be changes to the teaching hours during winter and summer intensive periods, which last a month each.
During the intensive periods, any teaching hours exceeding 30 weekly teaching hours will be deemed overtime and paid accordingly.

COMPENSATION AND OTHER TREATMENT OF TEACHER
Korean Labor Law: By law, all foreign Employees are subject to the same labor laws as Koreans; therefore, Employer and Employee agree to follow Korean Labor Laws 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.

Salary
Employer will pay Teacher 2,100,000 Won as compensation for all services rendered. Payment for employer will be calculated every month and be made in Korean Won. This salary will be paid on the 10th day of every month. The Teacher�s salary begins on first worked day after arrival at the institute. Income tax and insurance will be deducted from the Teacher�s salary. Teacher�s salary determines the actual amount to be deducted as per Korean won.

Overtime
If the Employer requires the Teacher to work in excess of 120 hours per month pay period such overtime or extra hours shall be paid for, in addition to the monthly salary, at the rate of 20,000 Korean Won per hour.
Vacation and holidays
Full time teacher only will receive 10 vacation days if on a one-year contract. No deduction will be made to the regular monthly salary of the teacher for these vacations. Vacations can be taken as scheduled by Employer.

Teacher will be entitled to observe Korean public holidays as prescribed in a yearly calendar by Korean law.

Housing
Employer will select and provide furnished living accommodations for Teacher. The accommodation would be a furnished single housing. Furnishings provided by the employer include the following: a TV, a bed, a gas stove, a refrigerator, a telephone, and a washing machine.(Air conditioning unit is provided by the landlord. If the accommodation does not include the air conditioning unit, it will be provided by S.E.A..) Teacher is required to pay the cost of monthly service, utility and telephone charges, for the accommodation provided. Employer will deduct the last month�s charges from the employee�s last pay.

Or if Teacher wishes to be responsible for his/her own living accommodation, Employer will pay Teacher 500,000Won monthly in order to support Teacher�s housing. Teacher is required to pay the cost of monthly service, utility and telephone charges for his/her accommodation.

Airfare
Employer will provide Teacher with a one-way economy class ticket from the point of hire to Korea. In the event that Teacher completes the full one-year contract, Employer will provide Teacher with another one-way economy class ticket from Korea to the point of hire at the time of termination of employment.

In the event that Teacher resides in Korea at the time of hiring, a one-way economy class ticket will be provided within the limit of 600,000Won when the full one-year contract period has been fulfilled. And for the process of VISA a round trip ticket from Korea to a place (third country where VISA is issued) will be offered.

If Employer and Teacher both agree to an extension of employment for another full year, a round trip ticket will be provided within the limit of 1,200,000Won to aid Teacher for the trip home(back and forth), which will only be allowed to use during the school holiday(break) period.

Air tickets provided cannot be exchanged for cash equivalents or transferred to persons other than Teacher. Employer does not agree to, and is not liable for, compensation to Teacher, whether in cash or otherwise, for air tickets which are not used by Teacher.

Completion Bonus / Severance Pay
A severance pay, equivalent to one-month salary as a bonus, will be provided to Teacher upon completion of one-year contract.

Medical Insurance
Teacher will be covered by medical benefits under the AIG, or any other, private medical insurance program when agreed upon. The cost of this insurance will be paid half by Employer and half by Teacher

8. Accident Compensation

In the event that employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties; employee understands and agrees that employer will have no responsibility for, nor obligation to pay, medical and hospital costs which are in excess of these covered by medical insurance.

INSTRUCTION FEE DEDUCTIONS
In case of an unexplained absence, the amount equivalent to 1/20 of four weeks� salary will be deducted from the Teacher�s instruction fee.

PENALTIES
Employer may penalize Teacher when Teacher violates the contract.

The penalties are as the following:

Warning
Teacher shall be reprimanded and must submit a written apology.

Retraining
Employer shall stop Teacher from teaching and retrain the Teacher when necessary.
DISMISSAL
Employer will have the right to dismiss Teacher for clear and frequent neglect of duties under this agreement. When appropriate, prior to any such dismissal, Teacher will be warned of dissatisfaction with performance and will be afforded at least twenty days in which to remedy the same. Dissatisfied result in monthly evaluation will be considered a warning. Criminal or other conduct inside or outside the place of employment that would at the discretion of the Academic Supervisor seriously jeopardize any student or staff person, or the reputation of Employer, will cause immediate dismissal and neither warning nor time for remedy will be given. And Employer will charge such amount to Teacher for the loss. (Ref. IX)
VOLUNTARY RESIGNATION
In the event that Teacher voluntarily resigns prior to the termination of the term of this contract:

Employer must be informed of the Teacher�s intention of resigning 60 days prior to the Teacher�s departure.
Employer will not sign the letter of release form currently required by KOREAN IMMIGRATION OFFICE to allow the Teacher to work for another organization in Korea.
Teacher shall not receive return airfare to the point of original departure.
Teacher will be required to repay Employer the amount of the original airfare. And if it�s during the subsequent contract period, a round trip airfare given with an agreement for the extension of another full year contract will be required to repay to Employer.
However, if Teacher has worked for more than 6 months and wants to resign earlier than the contracted 1 year with a good reason which Employer finds rightful and informs Employer of the Teacher�s intention of resigning 60 days prior to the Teacher�s departure: the Teacher will not owe the original airfare to Employer.

Employer may assess the loss done by such an act and charge such amount to Teacher.
The value of any extra benefits allowed by Employer beyond the contract requirements may also be assessed as a loss.

RENEWAL OF CONTRACT
Employer and Teacher may renew the contract for the period of one year.
Teacher shall notify Employer of the Teacher�s intention of renewing the contract in writing at least 60 days prior to the termination date of contract.
Employer shall notify Teacher of their decision in writing at least 60 days prior to the termination date of contract.

TERMINATION OF CONTRACT
Employer reserves the right to terminate this contract for cause with written or oral notification thirty to sixty days in advance and for serious cause without notice.

Such terms will be considered when:

Teacher is found to be in breach of contract.
Teacher is involved in scandalous behaviour that may tarnish the reputation of Employer.
Other circumstances for which Teacher is responsible make it undesirable for Employer to continue employment.
Unexcused absence occurs more than twice in a two-month period.
Employer concludes that Teacher cannot perform class activities, or lacks the qualities necessary to be an effective teacher. Evaluation will be considered in due process. Dissatisfied result in monthly evaluation will be considered a warning.
The documents submitted to Employer are proved to be counterfeit.

EMPLOYER PROPERTY
Teacher must return the following items when the contract terminates:

All the things that Employer has rented or lent to Teacher.
All the money lent to Teacher.
Teaching materials.
Reference books owned by Employer.
Any other property owned by Employer.

COVENANTS
Teacher hereby agrees, covenants that Teacher will not undertake any teaching or employment with any people or organizations other than Employer without prior written approval. To undertake such employment is a breach of Korean Immigration law and can have serious consequences. Failure to comply with this clause will cause immediate dismissal.
Teacher understands and accepts that the rights to use, sale, distribution or publication of all original material produced by the Teacher during the course of Teacher's employment, and for which Teacher is compensated as either regular pay, as overtime or in an agreed-upon lump sum, remain the sole property of Employer.
Teacher has to keep secret regarding his/her salary, and cannot complain about the salary compared with other teachers once the contract is signed.
Teacher has to use with care all materials that are provided by the institute. Should they be damaged or lost, he/she has to compensate for them.
Teacher hereby agrees, covenants that at all times during the term of this agreement or subsequent to the termination of the agreement, Teacher will not make the information public the Teacher obtains at the institute, nor use the name of Employer for business purpose.
Teacher hereby agrees, covenants that Teacher will not undertake any job/position provided by a competing party/company during the designated employment period at S.E.A., nor use the information for Teacher�s own business purpose. In breach of this agreement will cause Teacher to compensate for the loss caused by such an act and Teacher will be held responsible for any legal issues concerning �Unfair Competition Prevention and Trade Secret Protection Act�.
DUAL EMPLOYMENT PROHIBITION
Teacher, after signing the agreement and receiving a work visa, can only legally work for the Institute designated by Employer. If Employee works for any other institutes, companies, or individuals without the consent of Employer and Korean Immigration Office, Teacher shall pay one month�s 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 institute.
INDEMNIFICATION CLAUSE
Teacher will indemnify and hold harmless Employer from any damage which Teacher may sustain, in any manner through the misconduct or negligence of Teacher.
Teacher will indemnify and hold harmless Employer and Employer�s representatives from any damage which Teacher may sustain, in any manner, through the refusal by The Government of Korea to permit entry to the republic.

GOVERNING LANGUAGE
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.

MERGER & REORGANIZATION (DOWNSIZING) CLAUSE
This agreement constitutes the entire understanding between the parties with respect to the subject matter and supersedes all previous negotiations, commitments and writings with respect. This contract nullifies and voids any previous contract between the two parties.

GOVERNING LAW & JURISDICTION
This agreement will be interpreted according to the domestic laws of Korea. A competent court in Korea will have jurisdiction in regard to any dispute or claim arising out of, or in connection with, this agreement. Employer and Teacher have executed this agreement on the date indicated below. Intending to be legally bound and IN WITNESS WHEREOF, Employer and Teacher have appended their signatures.

PERIOD OF EMPLOYMENT
The period of employment under this contract is from end of January of 2009 to (end of) January of 2010 beginning and ending in the Republic of Korea. In the event of teacher�s actual arrival on the job does not take place on the commencement date above, the contract period will start from the actual working date at the designated place.

Based on mutual agreement, necessary changes to the contents of the contract will be written on the back of the contract.


Employer and Teacher have fully understood this employment agreement, and will have 2 signed copies of this contract. Mutual parties are to keep a copy of each.


Employer _________________________ Date _________________________

Teacher __________________________ Date _________________________

[Yu_Bum_suk]

I think you can get the F4 before you come over here.

[Toon Army]

I would ask for more than 2.1......bit low in the current climate. Plenty of newbies are getting 2.3+ with no experience for hagwon/private institutes.

[KoreanNam]

So if I just wanted to go to Korea on an E2 visa would it be ok to break contract as long as I obtained my F4 visa before I do so?

[sojusucks]

This Hogwon contract scares me a bit. I wouldn't sign it but it's not for me.

You can bring a girlfriend over but it may be difficult to teach in the same town. You may have to travel a bit and meet up ont he weekends. Some couples were placed together, but unless they are married, the couple is discouraged from living together.

[cruisemonkey]

Is your girlfried gyopo?

[KoreanNam]

My g/f is not of korean descent and she will not be able to teach because she has not graduated from college yet. She is going on a tourist visa.

[sojourner1]

Make sure you bring all necessary documents like an apostille state level criminal background check, 2 sealed copies of your transcripts, original college diploma, and well, just bring your file folder as well.

I can't tell you if they'll require an interview at your home Korean consulate, but it's less likely the EPIK public school job would require that while a 1st timer (and someone with an immigration blackmark from overstaying visa) going hagwon may be required to go back home for this interview in acquiring the 1 year E-2 work visa. The Korean immigration laws changed this past year do to a reaction of learning about a pedophile and pot smokers teaching in Korea in late 2007. They did require a pot test, but later dropped it because pot testing is not usually done in Korea.

If I were you, I'd set up an EPIK job right now that starts at the end of February, but that's me based on my knowledge and experience. I can't say my current EPIK job is best for newbies, but it beats the hagwon shite by a long shot and a good resourceful newbie could pull it off just fine.

Don't know what to say for your G/F as a tourist visa doesn't last a whole year. 30 days for Americans is what I know, but if she hops to other countries, she can restart on a new visa which will cost you money as travel is not cheap. I've know teachers to have non-Korean partners and they simply could not live full time if not legally working in Korea. The real barrier there is the cost in getting new visa after new visa since it requires physical travel to do so.

Can anyone further clarify what I'm talking about so we can all fully understand how this stuff works these days?

[cruisemonkey]

[real merry hijackers]

i have a friend working at that school (finishes next week), and 2 friends who used to. there are 2 campuses. the job was ok, but the prep work was heavier than usual. and private health insurance sucks. most importantly:THEY DO NOT PAY PENSION. which is illegal. don't do it.

[Hootsmon]

Danger Will Robinson!

[dean_burrito]

How is it that you can get an f-4 visa? Just curious.

[Lunar Groove Gardener]

[Toon Army]