Korean Job Discussion Forums

[GingerTosser]

Hi -
I've been lurking this site for a while now and have recently received a contract offer from Virtedco and would like some opinions on it. Any comments or suggestions would be helpful. Thanks!

The Employer hereby hires the Employee, and both parties agree on the following terms and conditions:

1. TERMS OF CONTRACT
1. The total Agreement term will be valid for a period of 12 months commencing from ( ) to ( ).
2. The term of this Agreement includes preparatory period, twelve full and consecutive teaching sessions, and all scheduled vacations and holidays that fall between or during teaching sessions.



2. CONDITIONS OF EMPLOYMENT

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

1. Teaching all academic programs relating to the Employer�s educational program;
2. Curriculum implementation;
3. Development of educational programs and materials;
4. Out-of-classroom activities for/with students;
5. Grading and evaluation of students;
6. Student counseling, evaluation and level testing;
7. Attendance of teachers� meetings, workshops and/or seminars;
8. Other related school or educational activities.



3. ORIENTATION PERIOD & WORKING HOURS
1. Working days are from Monday through Friday with one Saturday per month duty, between hours 7:30am and 10pm exclusive of scheduled holidays and vacations.
2. Working hours are a maximum of 160 hours month, subject to change monthly by the Employer. (40 hours per week. 8 hours per day and does not cover lunch time). Class management, reports and preparation is not considered as working hours.
3. Hours above 160 are considered paid overtime at 25,000 KRW/hr
4. The Employee may be required to work split shifts (morning-evenings) or block shifts as the situation demands. The exact daily time schedules will be issued accordingly by educational coordinators or directors.
5. Employee shall follow the set class schedules and cannot dismiss class, cancel class, or start class late without the written approval of the school. The above-mentioned manners will be the cause for immediate dismissal and no warning or time for remedy will be allotted.
6. Employee shall arrive at the school at least 15 minutes before class begins.



Penalties:

7. The penalty for being tardy to class is as follows in KRW:1 � 5 minutes� 10,000
8. 30 minutes or more with a phone call is 30,000
9. 30 minutes or more without a phone call is 100,000



4. Duties and Responsibilities of Employee
1. Employee shall fulfill the duties as an English teacher at the School in a positive and cooperative manner in order to contribute to the improvement of the English language abilities of the students at the school.
2. Employee named above agrees to endeavor to enhance the image and to promote the educational purpose of the School. The educational purpose being to improve all facets of the English language skills of students attending the School.
3. Employee shall not use the intellectual property and know-how of the School program through the employment for any business purpose either directly or indirectly.
4. Employee will not be allowed to arrange private lessons outside of the place of employment without permission of the School. In the event the employee is apprehended by the immigration for any illegal activities, the employer shall not take any responsibilities and liabilities. All expenses, including visa fees, airfare, housing, recruiting fee, real estate fee, vacation days and other related fees associated with recruiting and setup of the employee, will be charged against the employee and terminated.
5. Employee shall strictly observe to scheduled hours. Any absences, tardiness, early dismissal of class, and/or non-observance of working hours, etc., can only take place with the permission of the School.
6. Employee�s behavior, appearance, and attitude at work and off-duty shall conform to the professional demeanor appropriate to the position as an employee of the School.
7. Employee has duties to take �Orientation Week� (maximum 5 days) before beginning teaching.




5. Ownership of Patents and /or Copyrights

The employer will own all past, present and future patents and/or copyrights for any inventions and printable and/or published material produced by an employee under the direct supervision of the employer and during the term of contract. If the employee wishes to invent, write or publish any materials outside working hours and wishes to use the materials during working hours, the employee must have written authorization from the employer outlining exact intent and agreement.

6. DRESS CODE

Employee shall follow the �business casual� dress guidelines. All clothes should be neat and clean. When Employee�s dress is not appropriate, the School will remind the Employee about the Dress Code and give advice to better follow the code. The Employee should take the School�s advice. If the Employee repeatedly does not follow the guidelines for dress, the School will give the Employee a verbal warning from the Institute Manager at the time and a written warning follows for second warning in which could lead to dismissal.

Male Instructors: Shorts, thongs/sandals, and no socks are considered as inappropriate dress. Male teachers should wear neat collared shirts and trousers/dress pants with an optional necktie. A necktie is obligatory when having a presentation or meeting. A suit is also considered as appropriate dress.

Female Instructors: Female instructors should wear a medium/long-length skirt or dress pants with a neat blouse or shirt. It is not acceptable for female instructors to wear belly shirts, tank tops, halter tops, or any skin tight clothing.

Friday Dress: Male and female instructors may wear jeans with neat casual shoes on a Friday. NO T-SHIRTS.

7. SALARY
1. Base Salary: Following is the working range and applicable salary. All pay is subject to Korean income tax rate.
1. 151 � 160 hours per month at 2,500,000 KRW
2. 131 � 150 hours per month at 2,300,000 KRW
3. 121 � 130 hours per month at 2,100,000 KRW
2. Overtime: Overtime is paid hourly at 25,000 KRW/hr for hours above 160 hours per month.
3. Monthly salary will be paid on the 10th of each month and if payday falls on a holiday or weekend, the pay will be on the following working day.
4. In case of unauthorized absenteeism or tardiness, Employee�s monthly salary shall be reduced in proportion to the number of working days missed in that monthly period.
5. Airfare reimbursement: Upon arrival, the Employee will receive a health check paid for by the company. When the health check is cleared, the Employer will reimburse 50% of 1,200,000 KRW flight reimbursements in KRW to the Employee. Reimbursements are paid on the following pay day. Upon satisfactory completion of the contract, the Employee will receive the remaining 50% for departure. In the event the employee and the employer decides to re-contract for additional year. The return flight is deferred to the new contract. No new return and arrival airfare reimbursement is provided for re-contract.
6. The Employee will be eligible for a raise after completion of a full one-year contract, provided that the Employee executes a renewal contract.
7. Substitution:

Substitutions are sole responsibility of the employee and must be consulted with the employer prior to any substitutions.

8. PENSION

Approximately 4.5% of the Employee�s gross salary will be deducted each month for pension. Employer will match 4.5% each month for the total requirement of 9%. Upon completion of working in Korea, the Employee shall request to collect the pension from the Korean government before employee�s departure. This is the responsibility of the employee and employer will not be responsible for the refund.

9. MEDICAL INSURANCE

The Employee should be covered by the Korean Medical Insurance Union, a national health organization. The Employer shall pay 50% (2.385% subject to Korean law) of the medical insurance, and the remaining 50% (2.385% subject to Korean law) will be deducted from the Employee�s monthly salary accordingly.

10. SEVERANCE PAY

Provided that this agreement is completely satisfied and that the employee has fulfilled the term of the contract, a special allowance equivalent to the cumulative average or the Employee�s monthly Base Salary for the past 12 months will be paid to the Employee by the Employer. This severance payment, which is subject to Korean income, resident, and other taxes, will be paid on the last salary day.

11. SICK LEAVE

Provided that the Employee submits a medical certification issued by a medical professional, the Employee is allowed a maximum of three (3) paid sick days per year. In the event of a serious illness or accident, the Employee is allowed another three (3) days of unpaid leave. If the employee is still incapable of fulfilling the duties after that period, this agreement will be regarded as terminated as �employee�s termination.� Any sick leave with late or no notification will be considered as an unexcused absence.

1. The Employee must notify the School of sickness at least 9 hours prior to his/her working time.
2. If the Employee does not call 9 hours before his/her working time, there will be a deduction of 5,000 KRW per hour which will pass directly to the substitute of his/her class. All other unexcused absence or tardiness penalty shall apply outlined in section 3 under penalties.



12. VACATION: General

Aside from the national holidays, the Employee will also be given a vacation of nine (9) paid working days total per year over the 12-month span. This vacation time is prearranged (30 days prior to vacation date must be submitted on the vacation request form provided by HR) and will be dependent upon the Credu-Virtedco academic calendar. All other leave will be considered unpaid leave and judgment and decision shall be full discretion of the employer. If the leave deems non-compliant to the school schedule and needs, this contract shall be considered as an early termination by the employee and shall be liable for all related costs described in section 4.D. In the event the employee terminates this agreement prior to the term date, any vacation days taken shall be reimbursed to the employer in terms of daily calculated amount. Paid vacation only applies to employee who completes the term or the contract.

1. SPECIAL VACATION:
1. Bereavement Leave:

Considered as an unpaid leave and depending on the length of absences, the employer has the right to terminate this contract as �employee�s termination.�

2. Matrimonial Leave:

Considered as an unpaid leave and depending on the length of absences, the employer has the right to terminate this contract as �employee�s termination.�

3. Maternity Leave:

Considered as an unpaid leave and depending on the length of absences, the employer has the right to terminate this contract as �employee�s termination.�

13. HOUSING

The Employer will provide in-full the Employee with housing during this contract agreement. This includes basic furnishing only and all other furnishing e.g. TV, stereo, computer and etc. are responsibility of the employee. Employee is liable for all monthly utilities, phone, internet and etc. In the event the employee fails to pay for any acquired services upon termination or term contract, the amount will be withheld or deducted from employee�s pay until paid in full.

14. EMPLOYEE�S TERMINATION OF THE AGREEMENT
1. If the Employee chooses to terminate the Agreement before the full completion of the Agreement term, the Employee must give the Employer a minimum of 30 (thirty) days written notice to the director(s).
2. If Employee wishes to voluntarily resign, the following conditions must apply:
1. A minimum of thirty (30) days written notice must be given, and Employee may not leave prior to the end of a teaching session.
2. If Employee is resigning within the first six (6) months of the contract and the fees described in section 4.D and section 11 shall be reimbursed to the employer. Fees include the following: recruiting fee (if any), airfare, visa fee, real estate fee plus all other applicable fees associated with setup of the employee. Employer has the right to withhold these amounts from their pay until paid in full.
3. If Employee resigns after the six-month point of the contract, Employee will be obligated to reimburse Employer according to the following plan: fees described in section 14.b.ii divided by twelve (12) months multiplied by the number of months remaining until the end of the contract.



15. EMPLOYER�S TERMINATION OF THE AGREEMENT
1. The Employer retains the right to dismiss the Employee if, for any justifiable reason during the Agreement term, the Employee is unable to discharge the responsibilities or meet the conditions as described in the provisions of this agreement.
2. The Employer retains the right to dismiss the Employee and/or adjust his/her schedules if the quality of the Employee�s performance is deemed unsatisfactory by the Employee�s supervisor at any time during the agreement term.
3. The School shall have the right at its sole discretion to dismiss Employee for clear and frequent neglect of duties under this agreement.
4. The School will give Employee one verbal warning. If problems continue, a formal written warning will be given, and a third offense is cause for dismissal. The following are causes to be warned:
1. -Unwillingness or inability to meet the conditions of employment as set out under the terms of this agreement, including neglect of duties.
2. -Borrowing funds from or selling items to the students of the institute other than items officially sanctioned by the institute.
5. The following manners will be the cause for immediate dismissal and no warning or time for remedy will be allotted:
1. -The health of the employee is such that the continuation of teaching is deemed impossible.
2. -The Employee or his/her dependents violate the law of the Republic of Korea.
3. -Commits or threatens violence against any staff member or student whether inside or outside of the workplace.
4. -Conducting classes while intoxicated or under the influence of drugs.
5. -Disclosure of spurious documents/claims/evidence (degrees, references, medical certificates, doctor�s certificates and any other documents that are turned in to the school or as a representative to the school).
6. -Bribery of students.
7. -Sexual or any other indecent advances towards students.
8. -Acceptance of tuition or other funds, or any monetary transaction on behalf of the school.
9. -Documents or credentials pertaining to teaching qualification are found to be falsified or invalid.
10. -More than two absences of which notice is given late to the School or without documentation. Absences are not allowed unless there is an emergency.
11. -Other than these, criminal or other conduct that would, in the opinion of the school, seriously jeopardize any person or the reputation of its students, its staff, or school will be cause for immediate dismissal under the manner of this agreement.
12. -If the School gives warning to the Employee 3 times requesting a change or improvement, however, there is no compliance or improvement of Employee.
6. The Employer shall give the Employee a minimum of thirty (30) days notice before the termination of this Agreement. Immediate termination may take effect depending on the situation where any harm to the staff, students, and well-being of the Company is at risk.
7. Any use of drugs, alcohol intoxication during working hours, criminal activity or corruption of public morals by the Employee will result in immediate termination of the Agreement. No notice period will be given in this case.
8. Upon termination, the Employer has the right to withhold or charge the Employee for any and all fees associated with recruitment of the employee, unreturned properties, items, textbooks and any property damages to Credu-Virtedco.



16. CONVENANTS
1. Employee hereby agrees, covenants and pledges that he/she will not undertake any teaching duties or employment with any persons or organization other than Employer without prior written approval from Credu-Virtedco. Failure to comply with this article is cause for legal and financial responsibilities of Employee.
2. 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 the School. Employee hereby agrees, covenants and undertakes that at all times during the term of this agreement or subsequent to the termination of this agreement to not use the name of the school for business purpose or otherwise, and will not act as a representative of the school.
3. The rules and regulations of the school apply to any and all matters not specifically addressed herein.



17. GOVERNING LAWS & JURISDICTION
1. 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 thereof. This agreement will be interpreted according to the internal (domestic) laws of the Republic of Korea. A competent court in the Republic of Korea will have jurisdiction in regard to any dispute of claim arising out of, or in connection with, this agreement.
2. All parties agree to the conditions of this contract, in good will and agree to resolve disputes as gentle persons, willing to compromise, but will submit to the ultimate Judgment of Korean Civil Law for any unsolved disputes arising from matters herein or not addressed herein.
3. This Agreement constitutes the entire understanding between the parties hereto with respect to the subject matter here of, and supersedes all previous negotiations, commitments, and writings with respect here to. No modification of this agreement will be binding or have any legal effect unless set forth in a written agreement amending this agreement and signed by both parties here to. Furthermore, this contract nullifies and voids any previous contract between the two parties.






This Employment Agreement is made between the two parties undersigned.

[wallythewhale]

7:30am to 10:00pm? That's crazy right there.

[CentralCali]

[TheUrbanMyth]