Korean Job Discussion Forums

[Tony Danza's Houseguest]

I have offered to write the contract for the next native speaker at my hagwon. My director is exceedingly nice, so I desire to write a contract that protects both her and the native speaker. What I've pasted is what I've come up with while working with the template from my original contract. I looked at EFL-law's contract but found it to be rather obtuse (I know--it's a law document), and I figure it will be easier for someone (my director) whose first language is not English to read a contract like the one I've modified. Tell me what you think. Help me make it fair for both, because I don't want my director to get screwed by someone who is less-than-honest, since she's always been honest with me.

I. Period of Employment
A. The total agreement term is 12 months, commencing from the date of ____ and concluding ____
B. The term of this Agreement includes an orientation period and all scheduled vacations and holidays that fall between or during teaching sessions.
C. The Employee will discontinue residence in Korea under the visa status sponsored by the Employer upon the completion of this contract unless the both parties agree to renew the contract.

II. Conditions of Employment

1. Employee��s Duties:

A. During the term of this Agreement the Employee will perform the following duties:
1.1. Extracurricular activities for/with students when needed.
1.2. Grading and evaluating students.
1.3. Creating lesson plans for each day��s classes.
1.4. Attendance at teachers' meetings and workshops.
1.5. Cooperation with the Director in all aspects of employment.
1.6. Making Mid-Terms and Final Exams.
1.7. Other related activities.

B. During the term of this Agreement, the Employee shall accept, obey and strictly comply with the instructions, supervision, training and discipline of the Academic Director and shall carry out such assignments as directed by the Academic Director. These duties shall include instruction in any phases of the instructional program, administrative duties related to the Employee's classroom duties, attendance at scheduled staff meetings and workshops, and any other duties as may be assigned by the Academic Director. The Academic Director is responsible for establishing and communicating the Standards of Performance as related to the above - mentioned duties related to the Employee and is empowered to take reasonable steps necessary to ensure that those standards are met.

C. At all times during the term of this Agreement, the Employee shall directly adhere to and obey all the rules and regulations that have been established for the conduct of instructors at the Place of Employment. Also the Employee shall strictly adhere to and obey all laws, regulations and guidance from the Government of Korea or any local Government or officials thereof.

2. Working hours

2.1. The working week is Monday to Friday during regular sessions. Working hours shall be from 1:30 PM until 8:00 PM during regular sessions.
2.2. The Employee is required to be present in the Institute during class preparation hours, from 1:30 PM until 3:00.
2.3. The Employee will be responsible for teaching five 45-minute classes per day beginning at 3:00 PM and ending at 8:00. Each class hour will be followed by a 15-minute break period.
2.4. The Employee will be required to work at the times the Employer shall direct.
2.5. During the summer and winter elementary school holiday the hours may be changed, in the event of such change, the Employee will be given at least 2 weeks�� notice of said change.

3. Salary and Overtime

3.1. The Employee will be guaranteed (2,000,000) Won, for teaching 25 classes per week during the pay period. This is to be considered as the Employee��s contract hours.
3.2. The Employee will be paid an overtime rate of 18,000 Won/hr when asked to teach more than 5 classes in a day or 25 classes in a week. The Employee will also be paid overtime when required to help students to prepare for any special Institute event, such as Parent��s Night or Recital. Attendance at scheduled staff meeting, workshops and class preparation (which is mandatory) will not be considered as overtime.
3.3. The salary will be paid on the starting day of each teaching month.
3.4. Computation of the initial (first month of employment) salary will commence from the 1st day of actual teaching at the Institute and, therefore, will not include the orientation period necessary for familiarization with the Institute��s curriculum and the Employee��s duties.
3.5. The Employee will be paid 25,000 won per day during the orientation period. The employee may also ask for a no-interest advance during the first month of employment, if needed.

4. Severance Pay

Upon successful completion of a full contract period (12 months), the Employee will be given severance pay which is equivalent to the Employee��s monthly salary of (2,000,000) Won.

5. Benefits

5.1. Housing
(a) The Employer will select and provide free, furnished, private living accommodation for the Employee. (b) The Employer will also provide furnishings which will include: bed, table, chairs, two-burner gas hot plate, refrigerator, wardrobe, washing machine, TV set and some bedding (pillow, comforter, sheets). (c) The costs of all utilities (gas, water, electricity, cable TV, and telephone charges) and a monthly maintenance fee will have to be paid by the Employee. In the case of shared accommodation, the costs will be divided between the housemates.

5.2. Vacation
(a) The Employee is permitted 10days of paid leave per year. The vacation is required to be taken during the Institute��s vacation time, and will be divided as 5 days in the summer and 5 days in the winter. (b) The Employee will also have the option of taking 5 days of unpaid leave after completing 9 months of the contract. This leave may be taken at the Employee��s discretion, but the Employer must be informed one month in advance of its use so as to determine a suitable activity or substitute for the Employee. (c) If the contract is renewed for a second year, the Employee is given the option of taking 1 month of unpaid leave before the contract commences. If the Employee chooses to take unpaid leave, the Employer must be informed two months in advance of this decision.

5.3. Health Insurance
The Employee will be provided with health insurance coverage from the designated private insurance company with 50% of the premium paid by the Employer and 50% by the Employee.

5.4. Transportation
The Employee will be provided with a round-trip air ticket from the nearest International airport to the Employee��s home to Seoul, South Korea. If the Employee fails to complete this contract, he/she is responsible for repaying a pro-rated portion of the air-ticket, excepting if the Employee terminates the contract less than 6 months before the contract began, in which case the Employee is responsible for a 100% reimbursement of the flight ticket.

5.5. Visa Sponsorship
(a) If the Employee does not obtain work visa in the country of his/her residence, the Employee will receive visa sponsorship from the Employer upon arrival in Korea. This will include a round trip air ticket to Japan (to obtain work visa there) and money to cover travel expenses.

III. Taxes and Other Deductions

The following taxes and deductions will be withheld from the Employee��s monthly salary:
A. Income tax required by the Korean Tax Law (around 3.3%);
B. Health Insurance ( at present 1.7%);
C. 100,000 Won per month for the first two months as a security deposit for unpaid utilities and phone charges even if the Employee pays them each month. This deposit will be wired to Employee��s home bank account one day after all utilities and phone charges are paid.

IV. Employee��s Conduct and Dress Code

1. During the term of this Agreement the Employee is expected to conduct himself/herself in a professional manner that would project a good image of the Institute. Therefore, the following forms of behavior will NOT be permitted:
A. Coming to the Institute and conducting class under the influence of alcohol or illegal drugs and while smoking;
B. Making sexual advances towards or entering into relationships with the students or employees of the Institute;
C. Using vulgar language in class that would offend students, parents, the staff and the Institute.
D. Not following scheduled class timetables, canceling, starting classes late without the prior approval of the Vice-President.

2. The Employee should present himself/herself to students as a professional. Casual attire, provided it is clean and neat, is acceptable.

V. Duty of Confidentiality

A. The Employee shall not disclose information relating to the contents of lectures, teaching material and business operation of the Institute to any third party.
B. The Employee shall not disclose information regarding his/her salary, overtime payment, and contract hours to any third party, including other Employees of the Institute.

VI. Outside Employment and Conflicts of Interest

A. According to Korean Immigration Law, foreign workers are allowed to work legally in Korea ONLY for the Employer/Institute for which they have received a work visa.
B. By signing this Agreement, the Employee agrees to devote his expertise, time and attention to discharge his duties to his legal Employer and not to engage in any other activity that would in any manner whatsoever compete with the Employer and pose any conflict between the interest of the Employer and the other party and/or interfere with the performance of the Employee��s duties.
C. If the Employee wishes to accept any other employment, such as private or part-time teaching, editing and so on, he/she must get the Vice-President��s approval before doing so. Failure to comply with this rule may result in immediate dismissal.

VII. Dismissal, Voluntary Resignation and Liquidating Damages

1. The Employer will have the right to dismiss the Employee if or when:
A. The Employee repeatedly fails to perform his/her duties stated under this Agreement including but not limited to frequent absences from the place of Employment/Institute without approval of the Vice-President.
B. The Employee fails to conduct himself/herself in a professional manner (as described in Employee��s Conduct and Dress Code section of this Agreement) resulting in damaging the image of the Institute.
C. The Employee places any student or a staff person in jeopardy or causes significant material damage to the Employer as a result of his/her negligence or reckless behavior.
D. The Employee commits any criminal act inside or outside the place of employment/Institute. This will result in immediate dismissal with neither warning nor time for remedy being given to the Employee.
E. The Employee has already received three (3) reprimands (warnings) from the Employer of dissatisfaction with the Employee��s performance, and the Employee has not rectified the situation.

2. In the event of termination, the Employee will be given notice of at least 2 weeks and a letter of release.

3. The Employee must give notice of at least 2 months if he/she wishes to terminate employment at the Institute, in order that the Institute have time to find a replacement teacher. In the event of an emergency situation, the Employee must notify the Employer in order to determine a proper course of action that is acceptable to both the Employer and the Employee.

3. In any case of dismissal or voluntary resignation, the Employer will not provide a return ticket and will not give the severance pay.

VIII. Understanding

A. Both parties have read the above terms and conditions and agree to fulfill them in good faith and will resolve any dispute in a reasonable manner.
B. All issues that cannot be solved by the two parties above will be solved in accordance with the appropriate laws of the Republic of Korea.
C. The contents of TLC Teachers�� Manual are to be incorporated to be part of this employment contract.

��. Miscellaneous

A. Employee shall return all instructional and related materials to the Institute following completion of each session.
B. Any error in the computation of salary shall be reported by either party to the other party within 30 days.
C. The employee shall observe class hours strictly : any absence or tardiness, early dismissal of class, non-observance of working hours, etc., can only take place with the permission of the Director.
D. The Employee shall be given 5 sick days. The Employee must give notice as soon as possible if sick. Should the Employee be absent for more than 2 consecutive days due to illness, he/she is required to provide a medical note. If the Employee agrees to a second contract, unused sick days will roll over to the second contract.

[lush72]

I posted this months ago- I still have it as an MS Word document- PM me if you need it emailed to you-
PS- use this one and the boss is sure to LOVE you!

Employment Agreement for English Teacher
This Employment Contract (hereinafter, the "Contract") is entered into between Krazy Korean Konglish Institute the Republic of Korea, (hereinafter the "Employer") and the native English speaker XXX (hereinafter the "Employee") a XXX citizen residing in XXX

Article 1. (Term of Employment)
[1] The Term of Employment shall commence on xx/xx/2004 and end a year later.
[2] If the Employee or Employer wishes to terminate the employment contract prior to the date of expiration, the Employee agrees to have the final pay deducted to reflect the cost of airfare, recruiters fees, housing deposit early termination fees, utility shut off fees, and an inconvenience fee which is to reimburse the school the trouble that early termination causes both the staff, students and the school.

Article 1a. (Conditions of Employment)
[1] The Employee attests that they cannot speak or read the Korean language and that this will not change significantly during the duration of the contract.
[2] The Employee attests that they are of Caucasian (white) descent and that they have no blood Asian relatives.
[3] The Employee attests that this is the first trip outside their county of origin for the purpose of work.
[4] The Employee attests that they are between the ages of 18 and 28.


Article 2. (Salary)
[1] The Employee shall be paid 2,000,000 Korean Won per month.
[2] The Employer will deduct any and all Employer deemed necessary deductions, to include but not limited to Korean Income Tax and Pension, as needed on a month-by-month basis.
[3] The Employee's salary will be paid at some time on the 10th day of each month. Where that day is a Saturday, Sunday or School Holiday, the Employer will pay the Employee on the next business day.
[4] A fee of 700,000 won will be deducted from the first pay check as security against damage to housing, unpaid bills, and sudden breach of contract by the Employee. After said employment concludes the Employee must submit in writing a request for the balance (if any) of this deposit to be sent to the Employee somewhere out of Korea. In no circumstance will this be paid to the Employee while the Employee is still in Korea.
[5] If the Employee has been absent from his designated work place without prior approval, the employee will forfeit 50,000 won per hour of absence. A 1-hour fee will be automatically deducted after the employee is late one hundred and sixty (160) seconds for any class.

Article 3. (Working Hours)
[1] The Employee shall teach 120 hours per month. In Korea, as well as in the rest of the world, 1 hour equals sixty minutes.
[2] The workweek will be Monday through Friday.
[3] The Employee shall work any and all hours that the Employer specifies. This will change on a month-to-month basis.
[4] The Employer will pay overtime for all working hours in excess of 120 hours. The rate for overtime is calculated at 12000 Won per hour.
[5] That the Employer will require the Employee to work a different schedule during the government school vacation periods and other "Special" times.
[6] The Employer may change the working hours at will.
[7] There shall be a 10-minute break between each class regardless of how long said class lasts. In no event will a class be "Split" so a break may be taken. Employees are expected to behave in a professional manner and not leave the students unattended for any reason.
[8] In the event that the Employee teaches for less then 120 hours (7,200 actual minutes spent teaching) the Employer will assign various chores to the Employee to complete so as to be paid in full. An accurate count of all teaching minutes will be conducted on the 3rd Friday in the month. The following Monday the Employee will be given a list of tasks to complete to compensate for the lack of teaching hours. These tasks must be completed to the satisfaction of the Employer for the Employee to receive credit for them. Any tasks completed unsatisfactory or unfinished will be deducted from the pay.

Article 4. (Working Conditions)
[1] The Employee shall be assigned a classroom. Any decorating of this classroom, to include posters, is the responsibility of the Employee. It is expected that the Employee is a professional and, as such, will properly furnish the classroom with materials conductive to learning the English language.
[2] The Employee will be issued 2 (two) whiteboard markers every 3 (three) months provided a properly filled out requisition slip is submitted.
[3] The Employee shall be given a code to use the copy machine. The Employer assumes no responsibility for lost, forgotten, stolen, or misused codes. The code will credit the employee with 5 "Free" copies per day. Any copies over the initial 5 will be charged to the employee at the rate of 500 won per copy.
[4] The Employee shall be expected to keep the classroom presentable. This includes the floor, table, chairs, walls, door and windows. The employee shall empty the classroom trash at the end of each day. A broom, bucket and mop will be issued to the employee at the beginning of employment. These must be returned as serviceable or a replacement fee of 30,000 won will be deducted.
[5] The Employer will provide 1 internet connected computer for every 2 teachers. A login system will be used and tracking software will be installed. Any attempt to circumvent said software will immediately result in loss of login credentials. Additionally the Employer reserves the right to monitor and record any and all activities on the Employers computers.
[6] The Employer will offer a meal plan to the Employee. The meal plan will cost 9,500 won per meal at the Institute. This will give the Employee an opportunity to eat healthy and delicious Korean meals at a deeply discounted price.
[7] A list with all Foreign Employees names shall be posted on the first of the month assigning common area and school / Korean staff vehicle clean up duties. Those Employees with vehicle duties will be expected to completely wash and wax the vehicles they are assigned to once a week. Additionally the vehicles must be cleaned daily after the last vehicle has returned to the Institute for the day. The vehicle operator will make the final determination on vehicle cleanliness.

Article 5. (Housing)
[1] The Employer should provide the Employee with housing. Housing may include a leased room in someone's house, officetel, apartment, or in a Korean type "Study Room" or Yogwon.
[2] The Employer may provide temporary housing not exceeding 185 days until appropriate housing becomes available.
[3] The Employee may be required to share the said housing with anyone the Employer so sees fit.
[4] The Employee is liable and responsible for all fees, namely utility charges, gas, electricity, telephone, incurred whilst the said Employee is in residence.
[5] The Employer should provide the Employee's accommodation with furniture, (one bed or rakuraku style bed, a tray or rack for hanging clothes, a few assorted kitchenware utensils, mini-refrigerator, bedding, washing machine).
[6] The Employee must take all due and reasonable care of said furniture and equipment, and that the Employee shall be liable for the cost of replacement to any equipment or furniture damaged in any way by the Employee.
[7] In order to conform to Koreas strict fire codes the Employer shall have the right to conduct safety inspections and fire drills at the Employees home at any time.
[8] The Employee may not change or tamper with any lock or safety device in the Employees home. There will be a 75.000 won locksmith charge if this provision is violated.

Article 6. (Airfare)
[1] The Employee's economy airfare to Korea via the most direct route from outside Korea to the nearest airport near the place of employment will be reimbursed in Korea by the Employer.
[2]The Employer will reimburse half (50%) to the Employee on the first pay day.
[3] Where the Employee completes the contract as stipulated in Article 1 hereof, the Employer must pay to the Employee no later than 1 day prior to the end of the contract, the most current inexpensive return economy airfare to the country the Employee is a citizen of.
[4] Where the Employee is hired in Korea, the Employer shall roundtrip airfare for the Employee's visa run to the nearest non Korean mainland Embassy.
[5] Where the Employee terminates this contract within 11 months of the commencement date, the Employer will deduct all the air fare paid to the Employee.

Article 7. (Medical Insurance)
[1] The Employer should pay the half medical insurance coverage of the Employee.
[2] That the Employer should provide the Employee a medical insurance booklet during the contract period. This typically (due to insurance company paperwork) is done around the 4th month of employment.

Article 8. (Sick leave)
[1] The Employee shall be entitled to 2 semi paid days sick leave per contract, calculated as one day per 6 months accumulative.
[2] If the Employee is sick they will call the institute and arrange to be brought to a doctor. In order to help the Employee with any language problems the Employer will and must remain with the Employee for the entire duration of said trip to the doctor. If the doctor and the Employer agree the Employee will be awarded a "Sick-day" at 50% of the specified rate of pay. If the Doctor or Employer deems the illness to be minor then the Employee will be expected to work that day. Failure to work that day subjects the Employee to the penalties outlined in Article 2 clause 5 for the duration of that day to include the lunch period as well.
[3] The Employee must advise the Employer in advance of the sick leave and expected duration thereof.
[4] Sick leave above and beyond the said 2 working days stipulated in [1] hereof, shall be unpaid.

Article 9. (Job Description)
[1] The Employee shall carry out all duties required by the Employer to (a) provide English language lessons to students and or Korean teachers.
[2] The Employee shall be required to work at any place of employment seen fit by the Employer. If travel is involved then the Employer must pay the Employee public transportation traveling expenses, and where travel exceeds 90 minutes via any one-way transportation, the Employer will pay 60% of the hourly wage for the said travel time.
[3] The Employer requires the Employee to attend any meetings or functions the Employer sees fit. These will not be compensated.
[4] During the term of this agreement, the Employee will accept, obey and comply with the instructions, supervision, training and discipline of the Director and any Korean staff of the Language Institute. These duties will include instruction for regular classes, administrative duties related to the Employee's classes, student placement testing, attendance at scheduled instructors' meetings and workshops and extra curricular duties (such as Bus classes, Lunch-time table classes, Field trip etc. would be included) as may be assigned by the Director. The Director is to set standards of performance for the Employee and is empowered to take reasonable steps necessary for assuring that those standards are met.
[5] The Employee will sign a "No compete" contract stating that they will not teach any students not specified by the director and if they break the contract, agree not to teach English in Korea for a period of 5 calendar years.

Article 9a. (Employee Conduct and Appearance)
[1] The Employee shall post a "Code of conduct" in the teachers break room that shall be followed by the Employees.
[2] Breaching this code of conduct will be dealt with on a case-by-case basis. However the minimum fine for a breach of the code is 75,000 won.
[3] The code of conduct is in force 24 hours a day, 7 days a week.
[4] While in Korea the Employee is the public face of the institute. To that end the employee's behavior has a direct effect on the perception of the institute by other Koreans. Damage to that perception will be dealt with severely harshly.
[5] In order to maintain the good will the institute already enjoys in the community the institute will hold bi-monthly "Fun days" These special days will always fall on a Friday. During that day the Employee will entertain prospective students during the regular workday. This entertainment can include taking part in a pie toss, the application of performance make up and the wearing of costumes, participation in the "Dunk tank" event, and other activities as required by the director. A special meal will be provided at the conclusion of the event, free of charge.
[6] A de facto professional dress code will be enforced for all foreign Employees. A poster displaying proper work attire will be displayed in the Teachers break room. Teachers who vandalize this poster will be fined 30,000 won.
[7] Employees must be "Camera ready" at all times during the workday as there will be sporadic photographs and video shot during the year.
[8] Male employees will shave daily. Male employees will take reasonable steps to ensure that their personal odor will not become disruptive.
[9] Female employees will take all reasonable steps to ensure that their personal and menstrual odor does not become disruptive.
[10] Employees will wash their hair at least once every 2 days and maintain proper nail hygiene at all times.
[11] Employees must endeavor not to dramatically change their appearance during the period of Employment. Planned significant change to the Employees physical appearance should be discussed with and agreed on by the director in advance of such change.
[12] Employees shall refrain from consuming alcohol during the week and shall never use illegal drugs while employed at the institute.
[12a] Additionally a 12 am curfew will be imposed Monday to Thursday to ensure that the Employees are receiving the proper amount of sleep.
[13] Employees may be randomly screened for the use of illegal drugs or the presence of communicable diseases, to include AIDS, by blood test.
[14] Single employees shall refrain from engaging in romantic relationships with Korean citizens while employed at the institute. Interracial dating is still a social taboo in Korea and reflects poorly on the Employee and the institute.

Article 10. (Vacation)
[1] The Employee shall be entitled to 5 working days annual leave per contract.
[2] The Employee shall be entitled to all public holidays stipulated on the official institute yearly calendar. These may vary from those holidays specified by the government.
[3] That where the Employee has worked the entire contract without absence, the Employee shall be granted a lunch at "Carne Station" (various locations in Seoul) with all you can eat of food and beverages that are normally offered during lunch to be paid for by the Employer.

Article 11. (Termination of Contract)
[1] The Employer may terminate this contract upon any serious occurrences
[2] In the event that the Employer terminates the contract for a serious reason the Employer shall pay the Employee up to the date of termination minus any and all expenses previously referred to in this document. Additionally the Employees visa shall be cancelled within 24 hours. The Employee will vacate the apartment prior to any money being paid to the Employee.
[3] In the event of clause (a) termination, the Employer may terminate the contract forthwith, and further, that the Employer shall, if this section occurs within 11 months of the start date hereof, not be liable for the return airfare of the said Employee, and (b) the Employer may seek reimbursement of the airfare paid pursuant to Clause 6 hereof.
[4] It is a condition of this agreement that the Employer must provide the Employee with 2 days written notice of Intention to terminate the Contract, setting forth the reasons therein, and allowing the Employee to remedy the situation within that time.


Article 12. (Renewal of Contract)
[1] As no contract renewal issue has ever been addressed this will be taken care of on a case by case basis rather then having a "policy"to address it.

[Tony Danza's Houseguest]

Someone please give me an actual response. Though I appreciate the humor, Lush, I must say that my director would never agree to a contract like that. I know it comes as a shock to many of you, but there are directors who care about their employees' piece of mind and well-being.

Also, I've only gotten one response to the poll. All you have to do is click, ladies and gentlemen. Two clicks and it's done.

[just because]

To the Op, looks reasonable to me.

[lush72]

[Tony Danza's Houseguest]

Thanks guys. I'm also probably putting in a clause about getting a free, pay as you go cellphone. I just have to clear it with the director.

Interesting that 4 out of 5 people choose "everybody" over "everyone".

[phaedrus]

It looks decent at best, but.... you did a good job on it!

You might want to consider that labor law requires that the employer needs to give 30 days notice of dismissal to employee.

What about pension payments. You realize that although it is 4.5% for the employee, and equal for the employer, the employee gets it all back when they leave Korea if they are Canadian or American-- nice gift from employer and law by the way.

[kangnamdragon]

In the vacation section, I would take out the word "paid". That tends to confuse some teachers into thinking they get paid extra for the vacation time.