Korean Job Discussion Forums

[t_star]

Hi there. Thank god for this thread - and thanks to all the contributors.
I have received this contract, lots of alarm bells rang, but I have since spoken with the director and it sounds like he is letting me offer suggestions to change it to my liking.

Soo how should I edit it?


Employment Contract

The following contract is an employment agreement between the Employer:

Employee name : ___Trish Starling_________ Passport #

Employer name : __GIA_ English School__ Title : Director

The contract is made and duly signed by both of the parties, intending to be legally bound, under the terms and conditions as set forth below:

This contract subjects the Employer and Employee to the following conditions and terms;

1. Validity of Contract
The Employee agrees to hire the Employee to fulfill the position of English Language Instructor and all duties thereof for the duration of the time from the day the Employee starts his/her duties included in the contract or by agreement between the two parties.

2. Period of Employment
The Employer will employ the Employee during the period;

Employment Term : From: To :

3. Salary and severance pay
A month salary of \ 2, 200.00 million won. Salaries are paid monthly on the tenth of the month. 3.4% of Korean income taxes from the Employee�s gross pay will be withheld. One month�s of extra salary will be given upon the completion of the contract.
If a teacher works overtime, He/She will be paid 18,000 per hour as an overtime rate.

4. Taxes
3.3%~3.5% of income will be deducted for Korean taxes.

5. Medical Insurance
The Employee has a right to apply for National Medical Insurance. When the teacher applies for the national insurance, the total will be around 3.8%~4% of the one�s salary. The school supports 50% of it. Another 50 % of insurance charge will be withheld from the Employee�s salary

6. Transportation
The Employer agrees to provide the Employee with a ticket to Korea and the flight back to his or her mother country from the International Airport only on the basis that the Employee finishes his or her contract.
In the event that the Teacher willfully leaves the school before the contract term is completed, the school will not be responsible for the return air ticket.
Further, if the Teacher leaves within the first six (6) months of the contract period, the Teacher must refund to the Employer the initial airfare

7. Class time and days
The Employee shall be required to work 50 minutes per class for 33 teaching hours per week, Monday through Friday from 10 am to 6:30pm. The Employer reserves the right to change this schedule at any time without notice so as to fulfill customer needs and staffing requirements.


8. Paid annual leave and Holidays
The Employee will receive paid vacation for total of 12~14 days including weekends during the contractual period. The vacation will be in the summer and in the winter. During the aforementioned holidays, the Employee�s basic salary amount is still paid without any deductions.

9. Housing
a. Rent-free Accommodations: the Employer will provide the Employee with a rent-free studio/or apartment.
b. Items included with the studio (or Apartment): All the following items are rented, free of charge, to the Employee by the Employer during the contract period: necessary items for the studio.
c. Utility costs: Utility costs (water, gas, electricity, cable TV monthly service charges, and maintenance fees cost approximately 80,000~120,000 won per month per person on average) of the rent-free accommodations. Cable TV connection with English TV channels can be installed for the Employee�s convenience. Internet service is optional and installation must be discussed between the Employee(s) and the Employer.

10. Duties of the Employee
The Employee shall cooperate, comply with the instruction and training of the director and shall carry out such assignments as directed by the director.
A. EFL(English as a foreign language) instruction in any and all phases of the institutes program to classes that range form preschool and all ages.
B. Curriculum design and implementation.
C. Development of educational program and materials.
D. Out-of-classroom activities for/with students.
E. Student evaluation.
F. Attendance at teacher�s meetings and workshops.

11. Sick days
The Teacher will receive three days for sick days. Any scheduled class time missed after usage
of the three sick days for any reason whatsoever is unpaid time off.

12. Bereavement Leave
If a family emergency arises during the term of the Employee�s contract, the Employee may
request 7 unpaid days(including weekend) of absence to attend to the emergency.

13. Dress code
At all times during the term of this contract, males and females should dress neat in a respectful manner. However, ripped jeans and shorts are not allowed.

14. Resignation
The Employee agrees to inform the Employer at least two months in advance of any significant changes in plans which might have some bearing on the Employee�s period of employment and his/her ability to complete the term of employment.
The Employee has the right to terminate the contract with a written statement to the Employer under the following condition. The Employer has not paid the Employee as scheduled.

15. Dismissal
The Employer and Employee agree that this agreement is fully legal and binding under the law of the Republic of Korea and may be terminated by the Employer at any time should one of the conditions arise:
G. The Employee or any his/her dependents act in violation of Korea law.
H. The Employer discovers that any documents or information provided by the Employee regarding his/her credentials or qualifications for employment have been falsified or deliberately fabricated.
I. The Employee conducts seriously jeopardizing any student or staff person or has drug, alcoholic problem.
J. The Employee�s class enrollment drops below institute�s average enrollment for the three consecutive months.
K. The Employee has private lessons even in free time either before or after work.

16. TERMINATION
Within 14-days of the termination of the contract by the Employee, the Employer will withdraw its sponsorship of the Employee�s legal alien status within the Republic of Korea
and inform the Immigration Bureau.
The Employee must vacate the company housing during the 3-day period of the effective date of termination.

17. IDENTIFICATION CLAUSE
The Employee shall be responsible for any damages caused by the misconduct or negligence of himself/herself.

18. Governing Law & Jurisdiction
This agreement will be governed by the appropriate laws of the Republic of Korea. This Employment Agreement is made between the following two parties:

--------------------------- ------------------------------ 2009 . . 2009. . .

[Scouse Mouse]

Remove your name (and the employers name)

[Freeghen]

I would ask to change the part that states that they can change your working hours without any notice.

This could cause some problems in the future as you may end up doing split shifts or working ridiculously late hours on no notice without being able to refuse it.

[t_star]

Thanks to my quick responder. Those are all things I have addressed and revised -- I've revised a lot - should be interesting if it flies.

The reason I am so adamant is because it is a school just implementing it's first English program. This means there are no past teachers and no current teachers to talk to... very scary if you ask me. I'm looking for input whether this situation is too risky -- even IF the contract goes my way.

Also - any other contract advice?

[PRagic]

CONTRACT POSTING THREAD:

http://forums.eslcafe.com/korea/viewtopic.php?t=59265