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Kat Salmon
Joined: 10 Apr 2010
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 Posted: Sun Apr 11, 2010 11:11 am Post subject: Not sure... this contract seems fairly vague in places |
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Hi Everyone,
I would massively appreciate anyone having a look at this - it's just a sample contract for an interview im having this week so im hoping things can be changed if im offered the job.
A few things i've noticed are:
4:3 - would want actual number of weekend days to work in writing
5:2 - What exactly does must assist employee' mean
There is also no mention of exact pay date and does over-time seem a little low?
There are also no in depth details about the medical insurance
Last thing is- would it be reasonable to ask for an emergency leave clause in there, encase of a family member dying?
This is the first contract I've been sent so i'm not really sure what i'm looking for- have just picked up the stuff above from looking through this thread but if anyone can give me more advice that would be really handy. Thanks!
Employment Contract for Foreign English Instructor
This Contract is made and entered into by and between
Employer /
School Name / :
Address Republic of Korea / :
Here after-called �Employer� /
And
English Instructor
Instructor Name / :
Nationality / :
Passport No / :
Resister Address / :
Hereafter-Called �Employee� /
The institute (Employer), wishes to engage the services of the instructor (Employee) ________________ as an English Instructor. The two parties, in a spirit of friendly cooperation, agree to sign to this contract and pledge to fulfill conscientiously all the obligations stipulated in it.
1. Length of Employment
The employment period under this contract shall be 12 months starting and ending . In the case that the beginning date of the contract falls before the legal entry date (as recognized by the Office of Immigration of the Republic of Korea) the 12 months will begin on the day of your first workday.
2. Work Place
The Employer shall, at his or her discretion, designate the work place. The Employee shall not engage in other jobs, including part time work or private tutoring during their employment period without the Employer�s agreement.
3. Work Hours and Over-time work
1) The workdays of the Employee are Mon through Fri ( 9:30am � 18:35pm ). In general, The working schedules will be changed according to the school schedule but, the actual teaching hrs shall not be exceeded 30hrs a week.
2) If the Employee does not want to work overtime, the Employer shall not force the employee to do so. When the Employee and the Employer reach a mutual agreement about working overtime, and the Employee does so, the Employer must pay the Employee for working overtime, according to Article 6 Clause 2.
3) Even though the Employee could work less than 120 hours per month due to lack of classes, the Employee shall be paid with the mentioned salary in this contract.
4. Employee's duties
1) The Employee shall comply with the Employer's regulations and rules under the guide of the Director or Supervisor of the work place in order to perform their duties.
2) The Employee must to try to act in a professional manner as an English teacher acting in this manner during the whole time that the Employee works for the employer. The Employee shall comply with the laws, regulations and rules of Republic of Korea and shall not be involved in any illegal activities that might damage their visa status and the reputation of the Employer.
3) The Employee must observe her/his class schedules. Furthermore, the Employee shall attend staff meetings , workshops and big school events on weekends 2 or 3times a year and prepare their classes as required regardless of weekend.(In emergency case)
4) In the case that the Employee is absent due to unexpected sickness or accident, the Employee is required to give prompt notice and doctor�s note. If the Employee is absent without the Employer�s permission, then 20,000 won per hour shall be deducted from the salary.
5) The Employee shall use teaching materials provided by or recommended by the Employer. The use of supplemental materials is encouraged, but only after the Employer gives prior approval. The Employee shall submit the progress report for the students and syllabus every 3months.
6) The Employee shall not reveal information regarding her/his class to other person or to other institutes. In the events that the Employment was damaged by the Employee�s revealing to others, the Employee shall have the responsibility for compensating the Employment�s damage.
7) In the event that a dispute arises, both parties shall try to resolve it amicably with understanding of different cultures and customs.
5. Employer's Duties
1) The Employer shall provide the Employee with full support, shall respect the Employee's dignity and try to keep their relationship harmonious with the Employee.
2) The Employer shall pay the salary, as stated in this contract, and in case the Employee requests teaching materials, the Employer shall support these with utmost efforts.
3) The Employer acknowledges the differences of cultures and customs between the two parties. The Employer shall help the Employee to settle into their new residential and working circumstance. In the case of the Employee having trouble such as sickness and/or accident, the Employer is responsible for assisting the Employee.
4) The Employer shall not infringe on the Employee's privacy. In case the Employee brings disgrace on the Employer, the Employer shall have the right to ask the Employee to correct the situation.
5) In the event that a dispute arises, both parties shall try to their best to resolve it.
6. Compensation
1) The Employee shall be paid _2.2m won_ per month. The first salary shall be paid a month after from the first day of working. The monthly payment shall be made on the date each month. The monthly payment can be delayed but shall be paid within 3days from the date.
2) Overtime shall be paid at the rate of 18,000 won per hour and paid with salary on the payment day.
3) When the Employee completes the contract without breaking the contract, the Employer must pay a severance payment equal to one month�s salary. If the Employee does not complete the contract then this payment would not given.
4) The tax for severance payment and salary must be paid as described the Korean Tax laws. All wages are to be paid in Korean Won to the Employee�s designated Korean bank account.
7. Housing
1) The Employee will be provided with the non-shared apartment that is furnished with basic appliance.
2) Monthly utilities for electricity, water, gas, oil and Internet etc are the Employee�s responsibilities. Furthermore, all the expense regarding his/her meals is also the Employee�s responsibility.
3) The Employee shall be responsible for maintenance of apartment, furniture and equipment. Any damage is the Employee�s responsibility.
4) Upon completion of this contract, the overdue for monthly utilities for electricity, water, gas, oil and Internet shall be deducted from the last month salary.
8. Air Fare
In the event Employee is hired in Korea, the employer shall pay for the costs of the visa run to Japan. In the event Employee completes the full contract period, Employer will purchase for the Employee an economy class ticket for passage to Employee�s hometown, provided the time of termination of employment.
In the event the Employee is fired from the institute before the completion of twelve months teaching session, employee will not be given a plane ticket to the point of departure.
9. Paid Vacation and Paid Leave
1) The Employee can get 10 days in total for a paid vacation while the Employee is under the contract. The employee will get 5days in the summer and winter vacation respectively. The rest of the days will be taken according to the Employer�s schedule. National Holidays, Saturdays and Sundays shall not be included in a paid vacation.
2) The Employee can get 3 sick days a year. However, doctor�s note is required within 2 days.
10. Income tax and Medical Insurance
1) Income tax shall be withheld from the salary at a rate of 3.3 % in accordance with Korean Tax Law. The Employee shall be provided with the receipts.
2) In the case that the Employee is injured from an accident or mishap outside of their normal work duties, the Employer shall have no responsibility for medical and/or hospital costs.
3) The employee shall be covered by medical benefits under the travel insurance program. The employee with the other half paid by the employer shall pay half of the premium.
11. Cancellation
The Employer may cancel the contract due to the circumstances specified below:
1) In such a case as the Employee, or any the Employee's dependents, violates any laws of Republic of Korea.
2) In such a case as the Employee uses drugs, excluding those supplied by prescription, or alcohol during their work hours.
3) In such a case as the Employee makes sexual advances or uses overly abusive language and violence towards students or employees of the institute.
4) In such a case as continuation of working is determined impossible due to the Employee's mental and/or physical impairment.
5) In such a case as there is continued failure to keep regularly scheduled classes and/or the amount of unexcused absence exceeds 3 days.
6) In such a case as the Employee does not carry out the responsibilities stipulated in the contract.
In case of failure to adhere to the above articles, the Employer shall notify to the Employee the cancellation of the contract in written form 30 days prior. The plane ticket and the severance payment shall not be given to the Employer.
12. Modifications and Termination
1) In case of modification, or termination, of the contract both parties must give 30 days prior written notice after mutual agreement between both parties.
2) In case the Employee�s death, war and/or any accident and that the Employee fails to acquire E-2 VISA, this contract shall be terminated.
3) The Employee can terminate this contract in the event the Employer does not follow this contract as stated herein, or in the case that the Employee is assaulted verbally, physically, and/or mentally by the Employer. If the contract is terminated by this case, the Employer shall give the Employee his/her release form.
4) After Employee is notified with the termination of the contract, the Employee must finish all her/his duties before the contract is actually terminated.
5) Changes in the contract must be made in writing. Changes without any written form cannot be used as a basis for termination or court action.
13. Miscellaneous provisions
1) The governing language of this contract shall be English. The English contract shall govern the translation into any other language.
2) The Employer and the Employee will act in good faith toward each other. The Employer will not dismiss the Employee without reasons that are reasonably considered as a good cause and the Employee will do their utmost to satisfactorily fulfill all the responsibilities and meet all the conditions as described in the above agreement.
3) Duplicate copies of this contract are in effect. The Employee retains one copy and the Employer retains one copies. All copies must have the same beginning and ending dates.
The Employer and the Employee mutually agree on all the articles of this contract. In the event that an unresolved conflict arises, both parties shall follow the laws of the Republic of Korea to resolve it.
Employer / President of Institute Employee / English Instructor
Date Date |
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Seoul'n'Corea
Joined: 06 Nov 2008
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| Posted: Sun Apr 11, 2010 3:24 pm Post subject: Re: Not sure... this contract seems fairly vague in places |
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| Kat Salmon wrote: |
Hi Everyone,
I would massively appreciate anyone having a look at this - it's just a sample contract for an interview im having this week so im hoping things can be changed if im offered the job.
A few things i've noticed are:
4:3 - would want actual number of weekend days to work in writing
5:2 - What exactly does must assist employee' mean
There is also no mention of exact pay date and does over-time seem a little low?
There are also no in depth details about the medical insurance
Last thing is- would it be reasonable to ask for an emergency leave clause in there, encase of a family member dying?
This is the first contract I've been sent so i'm not really sure what i'm looking for- have just picked up the stuff above from looking through this thread but if anyone can give me more advice that would be really handy. Thanks!
Employment Contract for Foreign English Instructor
This Contract is made and entered into by and between
Employer /
School Name / :
Address Republic of Korea / :
Here after-called �Employer� /
And
English Instructor
Instructor Name / :
Nationality / :
Passport No / :
Resister Address / :
Hereafter-Called �Employee� /
The institute (Employer), wishes to engage the services of the instructor (Employee) ________________ as an English Instructor. The two parties, in a spirit of friendly cooperation, agree to sign to this contract and pledge to fulfill conscientiously all the obligations stipulated in it.
1. Length of Employment
The employment period under this contract shall be 12 months starting and ending . In the case that the beginning date of the contract falls before the legal entry date (as recognized by the Office of Immigration of the Republic of Korea) the 12 months will begin on the day of your first workday.
2. Work Place
The Employer shall, at his or her discretion, designate the work place. The Employee shall not engage in other jobs, including part time work or private tutoring during their employment period without the Employer�s agreement.
3. Work Hours and Over-time work
1) The workdays of the Employee are Mon through Fri ( 9:30am � 18:35pm ). In general, The working schedules will be changed according to the school schedule but, the actual teaching hrs shall not be exceeded 30hrs a week.
2) If the Employee does not want to work overtime, the Employer shall not force the employee to do so. When the Employee and the Employer reach a mutual agreement about working overtime, and the Employee does so, the Employer must pay the Employee for working overtime, according to Article 6 Clause 2.
3) Even though the Employee could work less than 120 hours per month due to lack of classes, the Employee shall be paid with the mentioned salary in this contract.
4. Employee's duties
1) The Employee shall comply with the Employer's regulations and rules under the guide of the Director or Supervisor of the work place in order to perform their duties.
2) The Employee must to try to act in a professional manner as an English teacher acting in this manner during the whole time that the Employee works for the employer. The Employee shall comply with the laws, regulations and rules of Republic of Korea and shall not be involved in any illegal activities that might damage their visa status and the reputation of the Employer.
3) The Employee must observe her/his class schedules. Furthermore, the Employee shall attend staff meetings , workshops and big school events on weekends 2 or 3times a year and prepare their classes as required regardless of weekend.(In emergency case)
4) In the case that the Employee is absent due to unexpected sickness or accident, the Employee is required to give prompt notice and doctor�s note. If the Employee is absent without the Employer�s permission, then 20,000 won per hour shall be deducted from the salary.
5) The Employee shall use teaching materials provided by or recommended by the Employer. The use of supplemental materials is encouraged, but only after the Employer gives prior approval. The Employee shall submit the progress report for the students and syllabus every 3months.
6) The Employee shall not reveal information regarding her/his class to other person or to other institutes. In the events that the Employment was damaged by the Employee�s revealing to others, the Employee shall have the responsibility for compensating the Employment�s damage.
7) In the event that a dispute arises, both parties shall try to resolve it amicably with understanding of different cultures and customs.
5. Employer's Duties
1) The Employer shall provide the Employee with full support, shall respect the Employee's dignity and try to keep their relationship harmonious with the Employee.
2) The Employer shall pay the salary, as stated in this contract, and in case the Employee requests teaching materials, the Employer shall support these with utmost efforts.
3) The Employer acknowledges the differences of cultures and customs between the two parties. The Employer shall help the Employee to settle into their new residential and working circumstance. In the case of the Employee having trouble such as sickness and/or accident, the Employer is responsible for assisting the Employee.
4) The Employer shall not infringe on the Employee's privacy. In case the Employee brings disgrace on the Employer, the Employer shall have the right to ask the Employee to correct the situation.
5) In the event that a dispute arises, both parties shall try to their best to resolve it.
6. Compensation
1) The Employee shall be paid _2.2m won_ per month. The first salary shall be paid a month after from the first day of working. The monthly payment shall be made on the date each month. The monthly payment can be delayed but shall be paid within 3days from the date.
2) Overtime shall be paid at the rate of 18,000 won per hour and paid with salary on the payment day.
3) When the Employee completes the contract without breaking the contract, the Employer must pay a severance payment equal to one month�s salary. If the Employee does not complete the contract then this payment would not given.
4) The tax for severance payment and salary must be paid as described the Korean Tax laws. All wages are to be paid in Korean Won to the Employee�s designated Korean bank account.
7. Housing
1) The Employee will be provided with the non-shared apartment that is furnished with basic appliance.
2) Monthly utilities for electricity, water, gas, oil and Internet etc are the Employee�s responsibilities. Furthermore, all the expense regarding his/her meals is also the Employee�s responsibility.
3) The Employee shall be responsible for maintenance of apartment, furniture and equipment. Any damage is the Employee�s responsibility.
4) Upon completion of this contract, the overdue for monthly utilities for electricity, water, gas, oil and Internet shall be deducted from the last month salary.
8. Air Fare
In the event Employee is hired in Korea, the employer shall pay for the costs of the visa run to Japan. In the event Employee completes the full contract period, Employer will purchase for the Employee an economy class ticket for passage to Employee�s hometown, provided the time of termination of employment.
In the event the Employee is fired from the institute before the completion of twelve months teaching session, employee will not be given a plane ticket to the point of departure.
9. Paid Vacation and Paid Leave
1) The Employee can get 10 days in total for a paid vacation while the Employee is under the contract. The employee will get 5days in the summer and winter vacation respectively. The rest of the days will be taken according to the Employer�s schedule. National Holidays, Saturdays and Sundays shall not be included in a paid vacation.
2) The Employee can get 3 sick days a year. However, doctor�s note is required within 2 days.
10. Income tax and Medical Insurance
1) Income tax shall be withheld from the salary at a rate of 3.3 % in accordance with Korean Tax Law. The Employee shall be provided with the receipts.
2) In the case that the Employee is injured from an accident or mishap outside of their normal work duties, the Employer shall have no responsibility for medical and/or hospital costs.
3) The employee shall be covered by medical benefits under the travel insurance program. The employee with the other half paid by the employer shall pay half of the premium.
11. Cancellation
The Employer may cancel the contract due to the circumstances specified below:
1) In such a case as the Employee, or any the Employee's dependents, violates any laws of Republic of Korea.
2) In such a case as the Employee uses drugs, excluding those supplied by prescription, or alcohol during their work hours.
3) In such a case as the Employee makes sexual advances or uses overly abusive language and violence towards students or employees of the institute.
4) In such a case as continuation of working is determined impossible due to the Employee's mental and/or physical impairment.
5) In such a case as there is continued failure to keep regularly scheduled classes and/or the amount of unexcused absence exceeds 3 days.
6) In such a case as the Employee does not carry out the responsibilities stipulated in the contract.
In case of failure to adhere to the above articles, the Employer shall notify to the Employee the cancellation of the contract in written form 30 days prior. The plane ticket and the severance payment shall not be given to the Employer.
12. Modifications and Termination
1) In case of modification, or termination, of the contract both parties must give 30 days prior written notice after mutual agreement between both parties.
2) In case the Employee�s death, war and/or any accident and that the Employee fails to acquire E-2 VISA, this contract shall be terminated.
3) The Employee can terminate this contract in the event the Employer does not follow this contract as stated herein, or in the case that the Employee is assaulted verbally, physically, and/or mentally by the Employer. If the contract is terminated by this case, the Employer shall give the Employee his/her release form.
4) After Employee is notified with the termination of the contract, the Employee must finish all her/his duties before the contract is actually terminated.
5) Changes in the contract must be made in writing. Changes without any written form cannot be used as a basis for termination or court action.
13. Miscellaneous provisions
1) The governing language of this contract shall be English. The English contract shall govern the translation into any other language.
2) The Employer and the Employee will act in good faith toward each other. The Employer will not dismiss the Employee without reasons that are reasonably considered as a good cause and the Employee will do their utmost to satisfactorily fulfill all the responsibilities and meet all the conditions as described in the above agreement.
3) Duplicate copies of this contract are in effect. The Employee retains one copy and the Employer retains one copies. All copies must have the same beginning and ending dates.
The Employer and the Employee mutually agree on all the articles of this contract. In the event that an unresolved conflict arises, both parties shall follow the laws of the Republic of Korea to resolve it.
Employer / President of Institute Employee / English Instructor
Date Date |
Hmm, yes. I can say you hit the nail on the head with your post.
There is a bunch of information that is missing in the English version of the contract. The contract says this English version is made out of convenience for the NET and is not a legal translation.
There are big holes in the contract allowing schools to do what they please with a few of the clauses.
The contract is (despite what SMOE has you believe) a smoke screen. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sun Apr 11, 2010 4:50 pm Post subject: |
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CONTRACT POSTING THREAD: post 'em here for a review
http://forums.eslcafe.com/korea/viewtopic.php?t=59265
Here is a thread with about 170 PAGES of contracts (>500 contracts), what's good and What's bad about them.
If you are going to spend your time here it behooves you to educate yourself on what should and what should not be in a contract. If is YOUR year in a hakwon... learn and know. |
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CentralCali
Joined: 17 May 2007
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| Posted: Sun Apr 11, 2010 5:28 pm Post subject: Re: Not sure... this contract seems fairly vague in places |
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| Kat Salmon wrote: |
1. Length of Employment
The employment period under this contract shall be 12 months starting and ending . In the case that the beginning date of the contract falls before the legal entry date (as recognized by the Office of Immigration of the Republic of Korea) the 12 months will begin on the day of your first workday. |
No. The 12-months employment begins on the date you enter Korea on the E-2 visa. The ending date is the day prior to that date's anniversary. For example, if you were to enter Korea on 8 May 2010, your contract and visa would both expire on 7 May 2011.
| Quote: |
2. Work Place
The Employer shall, at his or her discretion, designate the work place. |
No. By law, you may only work at one location. There is a legal procedure for you to get permission from Immigration to work elsewhere part-time in addition to your primary locale. That procedure certainly is not "the employer will designate another place."
A contract for a public school system is usually with the Office of Education and they will designate your school or schools for the duration of the contract. But his one's for a hagweon so that doesn't apply.
| Quote: |
3. Work Hours and Over-time work
1) The workdays of the Employee are Mon through Fri ( 9:30am � 18:35pm ). In general, The working schedules will be changed according to the school schedule but, the actual teaching hrs shall not be exceeded 30hrs a week.
2) If the Employee does not want to work overtime, the Employer shall not force the employee to do so. When the Employee and the Employer reach a mutual agreement about working overtime, and the Employee does so, the Employer must pay the Employee for working overtime, according to Article 6 Clause 2.
3) Even though the Employee could work less than 120 hours per month due to lack of classes, the Employee shall be paid with the mentioned salary in this contract. |
That's kind of odd for the working hours (6:35 pm? What did they do, check the bus schedule for the last run?) but the rest of it seems okay. It's kind of refreshing to see the employer agree that the teacher's salary does not get reduced if the employer doesn't provide enough classes.
| Quote: |
| 4) In the case that the Employee is absent due to unexpected sickness or accident, the Employee is required to give prompt notice and doctor�s note. If the Employee is absent without the Employer�s permission, then 20,000 won per hour shall be deducted from the salary. |
No. The employer cannot fine you for being sick. He can, however, not pay you for a day you miss if you have already used up all of your contracted sick days.
| Quote: |
6. Compensation
1) The Employee shall be paid _2.2m won_ per month. The first salary shall be paid a month after from the first day of working. The monthly payment shall be made on the date each month. The monthly payment can be delayed but shall be paid within 3days from the date. |
Looks like a non-native English writer forgot a word or two there (yes, sometimes I am a master of the obvious). This clause should, and probably was meant to, mean that the employee will be paid on the same date every month, say, you begin work on 1 July 2010, then you will be paid on the 1st of every month for the duration of the contract. Personally, I would request that be changed to the day prior or even just pick a date and have both parties agree that's the best. The pay day should also be stipulated that it will be advanced to the last previous working day if the pay day falls on a weekend or national holiday.
| Quote: |
| 2) Overtime shall be paid at the rate of 18,000 won per hour and paid with salary on the payment day. |
A little low? Unless I made a mistake in the calculation (which I may have since I'm not a math guru), that's less than the regular hourly rate!
| Quote: |
7. Housing
1) The Employee will be provided with the non-shared apartment that is furnished with basic appliance. |
The basic appliances should be listed.
| Quote: |
| 4) Upon completion of this contract, the overdue for monthly utilities for electricity, water, gas, oil and Internet shall be deducted from the last month salary. |
You should pay all your bills directly to the people/companies who issued the bills. If you think it's convenient for you to let the boss take out the last month's bills, more power to you. I don't trust any employer that much.
| Quote: |
| 2) The Employee can get 3 sick days a year. However, doctor�s note is required within 2 days. |
Kind of a nanny clause, isn't it? I don't see a reason for requiring a doctor's note if someone's sick unless they've been abusing it. Anyway, that would be kind of hard to do for this contract--it's only a lousy 3 sick days allowed.
| Quote: |
| 3) The Employee can terminate this contract in the event the Employer does not follow this contract as stated herein, or in the case that the Employee is assaulted verbally, physically, and/or mentally by the Employer. If the contract is terminated by this case, the Employer shall give the Employee his/her release form. |
Also refreshing that they're agreeing to give you a release letter.
| Quote: |
| 1) The governing language of this contract shall be English. The English contract shall govern the translation into any other language. |
It's nice that they're putting that in there. In reality, though, both the Labor Board and the Courts will go off a translation into Korean. I say that because neither the board nor the courts are what you'd call superstars in English communication.
Last edited by CentralCali on Sun Apr 11, 2010 5:37 pm; edited 2 times in total |
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CentralCali
Joined: 17 May 2007
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| Posted: Sun Apr 11, 2010 5:32 pm Post subject: Re: Not sure... this contract seems fairly vague in places |
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| Seoul'n'Corea wrote: |
| The contract is (despite what SMOE has you believe) a smoke screen. |
Where did you get the idea that Kat Salmon posted a SMOE contract? The contract above is obviously a hagweon contract. |
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Kat Salmon
Joined: 10 Apr 2010
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| Posted: Mon Apr 12, 2010 12:17 am Post subject: |
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Thanks so much for the advice everyone. I'm thinking that I will probably give this one a miss... since posting I have been told that I can not have the contact details of the current teachers as they are 'bad teachers'.... this isn't a good sign right??
The contract just seems very wishy washy to me- although it does have a few pluses.
I'm not sure how the naming of schools works in Korea... I know that everyone says not to post details of the school on the web but would it be OK to post the name? Can 'Kids Colleges' be called 'Kids....' anything else? I know that Kids Colleges have a bead name and I get the feeling that this isn't a great school even though its in an amazing location. |
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