Korean Job Discussion Forums

[Philkaz]

Thanks, I think it looks Ok, just making sure there is nothing that is totally shady.

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Article 1(Purpose) This contract is made for the purpose of setting forth the terms and conditions of employment for teachers who will teach English at Korea Herald Dongjak Campus.

Article 2(Duties) Employee shall perform the following duties.

1.To teach English students in any and all phases of the Institute�s program that range from the elementary-school to other higher level(s) in EFL instruction setting.

2.To teach productive skills (e.g., writing and speaking) of English Proficiency Tests such as iBT TOEFL and TOEIC.

3. To do lesson planning and develop teaching materials with Korean co-teachers.

4.To be involved in extra-curricular classes (e.g., Children�s Day, Halloween, or Christmas party), teacher training , or biannual seminars for parents requested by the Employer.

5.To be involved in positive reinforcement-oriented grading and evaluation of students.

6. To proofread weekly journals and correcting pronunciation on the student�s recorded tape.

7.To be involved in biannual weekend extra-curricular activities (e.g., movie social, city tour, banquet, or museum tour)

8.To perform other duties as designated by Employer.

Article 3(Supervision) Employee shall perform the duties specified in the foregoing Article 2 supervised by Director or Vice Director of the Institute.

Article 4 (Term of Employment) The term of employment shall begin on March 1, 2010 and end on February 28, 2011.

Article 5(Airfare and Resignation)

1.The airfare for Employee�s flight, actual purchasing price, to Korea shall be reimbursed by the Employer based on an economy class airfare of the most direct flight available from his/her permanent residence to Incheon International Airport. The valid receipt must be presented to the Employer.

a. Teacher residing outside of Korea: The Employer shall pay for airfare between the nearest international airport from the Employee's place of residency and a Incheon International Airport in Korea. Airfare will be paid in the following fashion:

A one-way ticket to Korea will be reimbursed after Employee�s arrival in Korea and after the completion of the employment contract a one-way ticket to the airport of departure will be provided.

b. Teacher residing in Korea: Teachers hired in country shall have the visa trip to the nearest country from Korea (round-trip airfare) reimbursed by the Employer. After the completion of the employment contract a one-way ticket to the Employee�s foreign residence will be provided.

2.If Employee should decide to resign during the Term of Employment, he/she must give Employer a ninety (90) day prior written notice of resignation stating a date of and a reason for resignation.

3.In the case of Employee�s resignation, the airfare for his/her return trip shall be borne by Employee, and his/her visa shall be cancelled.

4.In case of the termination of this Contract within eight( months, Employee shall immediately pay back 100% of the one-way airfare to Employer. If Employee works more than eight( months during the term of employment, Employee�s obligation to pay back the airfare shall be waived by Employer.

Article 6(Work Place)

1.Employee shall work at Korea Herald Dongjak Campus only, not any other Korea Herald Campuses.










Employer�s Signature:_______________ Employee�s Signature: ________________

Article 7(Work Hours)

1.Employee shall work one hundred and twenty(120) hours per month, which is approximately thirty(30) hours per week. Generally, one month consists of 4.3 weeks. Employee shall be given one class hour-length break time per day, which does not count as work hour during the period of this Contract. Employee shall work five(5) calendar days per week from Monday to Friday and shall not work on Saturdays, Sundays and Korean national holidays.

2. School hours is from three thirty(3:30) p.m. to nine thirty(9:30) p.m. Work Hours may be adjusted by Director or Vice Director as they deem appropriate.

3. Non-paid lesson preparation prior to the classes by Employee shall be made at the Institute ninety(90)minutes in advance on a daily basis. During this hour, activities other than lesson preparation such as cross talk, reading magazines/novels, surfing the Internet, playing computer games, or studying Korean is detrimental to other teachers� preparation.

4. Employee�s regular teaching hours shall not exceed one hundred and twenty(120) hours per month. Employee may be asked to teach some extra classes. Extra teaching should not exceed ten(10) hours per month without Employee�s consent.

5. In the event that accumulated total regular teaching hours are less than one hundred and twenty(120)hours in a specific month due to successive holidays and/or other reasons(s), Employee shall be assigned other duties in advance by Employer. Other duties are set forth in Article 2. Otherwise, the unused working hours may be carried over to the next month and shall be added to the working hours of the next month.

6.Employee shall be paid for the extra working hours. If Employee�s actual monthly class instruction hours exceed one hundred and twenty(120) hours, Employee shall be entitled to a supplementary class instruction pay of twenty thousand(20,000) Korean Won per 60 minutes.



Article 8(Salary)

1.Employee shall be paid won per month.

2.Regarding status of employment: Employee shall be hired pursuant to this Contract as a ___1st level (Pay: 2.2 million won monthly) English Language Instructor(ELI)/___2nd level(2.1 mill)/___3rd level(2.0 mill).

3.Pay period begins on the first day and ends on the last day of each month and Employee�s salary shall be paid on the 15th of the month following each pay period. If this day falls on a National Holiday, Saturday or Sunday, the salary will be paid on the immediately preceding business day. However, on the last month of the contract term, the monthly salary is to be paid on the last day of the contract term. Korean Income and Resident taxes will be withheld. The Income Tax rate on the monthly salary is three(3)-five(5) percent.

4. If Employee should be absent from Work without a prior approval, his or her salary for that month shall be deducted by the amount calculated on a pro rata daily basis for the number of unauthorized absent days.

5.Upon completion of a one-year contract, Employer shall pay Employee thirty(30) calendar days, average wage as a severance pay for Employee�s continuous employment of one year. This amount is also subject to Korean Income and Resident Taxes. The Income tax rate on the severance payment is two(2)-three(3) percent. In the case of the renewal of Contract, Employee shall be given the severance pay immediately posterior to his/her home leave or its equivalent activities.

6.Employee shall not claim against Employer any compensation and/or payment other than those provided for in this Contract.

7.1st level Employee whose contract is renewed for a second term or subsequent terms, may be eligible for an increase in salary. The increase is not automatic and will depend, in all cases, upon the Employee�s teaching performance and contribution toward the achievement of the educational goals of Korea Herald Dongjak Campus. Pay increases for 1st level instructors shall not exceed one hundred and thousand(100,000) won for every subsequent teaching year.

Article 9(Contract Completion)

1.The Term of Employment stated in Article 4 may be renewed by a mutual written agreement between Employer and Employee, provided that each renewed employment term is one(1) year.

2.In the case of renewal of this contract pursuant to the foregoing 1, Employee shall be given a paid nine(9) calendar day- home leave which is extra, beyond the ten(10) day vacation. Home leave should be taken immediately posterior to the completion of the Contract. The Home leave cannot be used following the Annual leave, which shall be used during the time of the Institute�s Summer and Winter Vacation.

3.In the event Employee travels to his/her home country pursuant to the foregoing 2, Employee will be given a free round-trip ticket. The round-trip airfare for Employee�s flight shall be based on the rate provided for in 4 hereafter. In the event employee does not travel to his/her home country pursuant to the foregoing 2, Employee will be given the amount of money equivalent to the round-trip airfare to the different location(expense of this travel fare must be less than the fare of homeland visit) he or she may embark to during their home leave period or if Employee decides to stay in Korea during this period, the employee will be given the amount of money equivalent to the round-trip airfare to their homeland..

4.The round-trip airfare for Employee�s home leave shall be loaned by Employer based on an economy class air-fare(less than 75% of the regular price) of the most direct flight available from Incheon to the airport nearest to Employee�s residence.

5.If Employee completes the Term of Employment without the intention to renew and leaves Korea within ten(10) days from the expiration date, Employer shall pay for Employee�s one way return flight.


Employer�s Signature:_______________ Employee�s Signature: ________________

Article 10(Housing)

1.Employer shall provide Employee with housing.

2.Housing selected by Employer may be, including but not limited to, a leased house, or a studio. The payment of rent shall be borne by Employer. Any and all fees, charges, costs, taxes, expenses, etc. incurred in using the housing shall be borne by Employee.

3. Employer may provide temporary housing until the housing is appropriately cleaned up.

4. If Employer provides housing to Employee, Employer may provide appliances and furniture (confer appendix 1). Employee shall not request or demand any other appliances or furniture than those provided by Employer. Employee shall take the responsibility for the maintenance and repair for the appliances and furniture provided by Employer.

5.Employer will provide Employee with one hundred thousand(100,000) Korean Won as settlement money after his/her first contract is signed. Employee must spend the money to buy basics of life other than those set forth under Article 10, item 4.

Article 11(Medical Insurance and Pension)

1.Employer shall provide Employee with medical insurance and pension pursuant to The National Medical Insurance and Pension Acts of Korea(The National Medical Insurance and Pension Acts state all government employees will be liable for fifty(50) percent of costs and premiums). In other words, Employer shall pay fifty(50) percent of the premiums. Employee is responsible for the other fifty(50) percent, and the Employee�s portion of the premiums shall be made through deduction from salary. Dental and pre-existing conditions are not included. Pension will be retrieved at the end of the Term of Employment.

Article 12 (Paid Leave)

1.Employee shall be entitled to a paid leave for a total of ten(10) working days during the term of the employment. Paid leave cannot be taken more than five(5) days at one time. Paid leave must be taken when the Institute is NOT in session and must be approved by Director or Vice Director at least one(1) month in advance. Saturday and Sunday do not count as vacation days.

2.During Employee�s paid leave when the Institute is in session, he or she may volunteer to teach classes with additional stipends.

Article 13(Sick Leave)

1.Employee shall be entitled to a paid sick leave if an illness or injury prevents him/her from performing the duties under this contract, provided, however, that he/she submits a medical doctor�s report to Employer either the night before the absence or as early as possible on the morning of absence.

2. Unused sick leave may not be taken as paid leave set forth in Article 12.

3.Employee�s paid sick leave during the Term of Employment shall not exceed three(3) calendar days. If Employee requires a sick leave for more than three(3) calendar days, Employee may take a longer sick leave without pay.

Article 14(Special Leave)

1.Employee may take a Special Leave for a number of days as set forth below for each of the following events;

a. Seven(7) consecutive calendar days for Employee�s marriage.

b. Seven(7) consecutive calendar days for the death of Employee�s parents, spouse, or Employee�s child.

c. In case of damage to Employee�s residence in a natural disaster: the period Director or Vice Director deems necessary according to the degree of damage.

d. If Employee is prosecuted for involvement in a criminal offense, Employer has the authority to put Employee on a prosecution leave.

e. Special Leaves specified in items 1-a and 1-b are available with pay. However, the ones specified in item 1-c and 1-d shall be available without pay.

Article 15(Punctuality)

1. If the Employee is tardy up to ten(10) minutes, he or she shall be fined three thousand(3,000) Korean Won for tardiness. For over ten(10) minutes, he or she shall be fined twenty thousand(20,000) Korean Won. The fines accumulated shall be used for faculty lunch.













Employer�s Signature:_______________ Employee�s Signature: ________________

Article 16(Office Regulations and Restrictions)

1.Employee shall faithfully observe his/her Director or Vice Director�s requests on his/her duties defined in Contract.

2.Director or Vice Director shall evaluate Employee�s performance of official duties.

3.Employee shall devote his/her full working hours and occupational attention to the defined duties in these terms and conditions, except for cases specially provided.

4.Employee shall not damage or tarnish the reputation of the teaching profession. Employee shall comply with and observe any codes of conduct acceptable for Korean teachers.

5.Without Director or Vice Director�s permission, Employee shall not be employed or involved in other paid business (including a part-time job).

6.If Employee has a contagious disease or other illness as set out in the following items, Director or Vice Director may prevent Employee from performing duties.

a. The fear exists that Employee with a contagious disease is not taking measures to prevent the spread of the disease.

b. The fear exists that labor will significantly worsen Employee�s disease from which Employee suffers.

c. Employee is affected by a disease as determined by the Ministry of Health and Welfare.

d. Item a to item c are not to be paid for.

Article 17(Termination of the Contract)

1.Employer may terminate or cancel this Contract upon occurrence of any one of the following events;

a. If Employee violates the laws of the Republic of Korea.

b. If Employee fails to perform or unsatisfactorily perform any of the duties stipulated in this contract.

c. If Employee fails to perform continuously his/her duties for more than a week without any excuse.

d. If any of the information provided in Employee�s application is neither true nor accurate.

e. If it is determined that the Employee is prevented from or incapable of performing his/her duties set forth in Article hereof for a medical reason, whether it is a physical or psychological ailment. (If requested by Employer, Employee must be immediately available for a medical examination.)

f. If the sick leave used by Employee pursuant to Article 13 hereof exceeds ten (10) calendar days.

2. In the event that this contract is terminated pursuant to the foregoing 1, Employer shall pay Employee a pro rated salary based on the number of days Employee actually worked. In this case, Employee shall be responsible for his/her return trip to his/her home country. Employee�s visa will subsequently be cancelled.

3. In the event of termination of this Contract pursuant to any of the provision set forth in the foregoing 1, within eight( months of this contract Employee shall immediately refund the loan(airplane fare) to Employer according to Article 5, item 4. After eight( months of continuous employment, the employee is not required to repay this loan.

4. If Employee is sentenced to a term of imprisonment (or any other more severe penalty), Employee shall automatically be dismissed and Employer will not provide any financial compensation.

Article 18(Others)

1. Matters not explicitly stated in the Contract shall be determined by Employer by taking Employee�s concerns into consideration.

Article 19(Indemnity)

1.Employee shall be responsible for and protect Employer from any liability or damages arising from or in relation to any negligent, faulty, or illegal activity during the Term of Employment under this contract. For safety deposit, fifty thousand(50,000) Korean Won per month will be deducted from Employee�s salary for the first three(3) months of employment until it amounts to a total of one hundred and fifty thousand(150,000) Korean Won.

2.Employer shall check the leased facilities and financial matters arising from the use of them by Employee before the Term of Employment is completed. If any liability or damages are found, these shall be confirmed in written form by Employee, who will be indemnified from the security deposit pursuant to the foregoing 1. In the case of the insufficient security of indemnity pursuant to the foregoing 1, Employer shall demand further compensation. In the case that there are no liability or damages to Employer, Employee shall get refunded the whole amount of money secured in advance before the Termination of the Employment.

Article 20(Attending the Orientation and Class Observation)

1.Employee shall complete one-day orientation conducted by Director or Vice Director immediately before the commencement of the Term of Employment provided under Article 4 hereof.

2. Employee shall be expected to conduct class without assistance. However, when it is deemed necessary, Employee may be assisted by Director or Vice Director. Additionally, Employee�s classes shall be observed by Director or Vice Director on a regular basis; Employee shall be expected to modify his or her pedagogy upon the request of Employer.






Employer�s Signature:_______________ Employee�s Signature: ________________


Article 21(Governing Law, and Venue)

1.The terms of this contract and the rights and obligation of the parties hereto shall be construed, interpreted and determined in accordance with the laws of the Republic of Korea.

2.If a dispute or disagreement should arise in connection with or out of this Contract, the parties hereto shall first try to resolve it in accordance with a principle of good faith. However, if the parties fail to mutually resolve such disputes or disagreements or come to amicable settlements, the parties agree to the final judgment of a Korean Civil Court, or Korean Civil Law, whatever the final decision may be. If at anytime the Employee leaves the Institute without giving prior notice and without going through the appropriate procedures, Employer has the right to pursue legal actions, for damages and attorney fees against Employee. If Employee has left Korea altogether, Employer has the right to pursue legal action outside of Korea.

Article 22(Signature)

In witness whereof, the parties hereto sign the Contract in triplicate on the date entered below with each party retaining one copy and submitting the third copy to an immigration office for Employee�s visa application.



<Appendix 1> The inventory of the appliances and furniture provided by Employer
NO. Name Number NO. Name Number
1 Blanket 1 12 Air conditioner 1
2 Pillow 1 13 Telephone 1
3 Sink 1 14 Television Set 1
4 Kitchen Table 1 15 Cable TV 1
5 Kitchen Table Chair 1 16 Video Player 1
6 Microwave oven 1 17 Wardrobe 1
7 Bed (Twin Size) 1 18 Refrigerator 1
8 Cooking Utensils 1 19 Desk 1
9 Western style toilet 1 20 Desk Chair 1
10 Rice cooker 1 21 Toaster 1
11 Wall clock 1 22 Hot water for bathing Available

[seonsengnimble]

[asams]

This should be in the Job-related Discussion Forum. More specifically, there's a thread that is solely for posting contracts online. Anyway, the part about the having to repay airfare up to the 8th month seems a little long. Most contracts have this stipulation ending at 6 months. Also, 90 days notice is a very long time. If they are hiring you on an E2 visa than the tax rate is wrong. It should be closer to 2%. The Indemnity clause is against Labor Laws. Press them and they will have to remove it. Make sure that there's a clause stating that the language of the contract is English and that will trump the Korean translation. If not, get it in both and have someone translate it for you.