Korean Job Discussion Forums

[keiran]

Hey there!
I received a contract and asked them to add in a pension, which they did,
although the wording wasn't very specific.

Any suggestions?
Anything else off?
Thank you


The following contract is an employment agreement between to be referred to as the EMPLOYEE, and Park, Young Ju to be referred to as the EMPLOYER from this point forth.


1. Period of Employment

The employee will be employed by the employer from ________________to __________________.

2. Schedule

The number of regular teaching hours will be within 30 hours per week. Classes will be held from Monday to Friday.

One class will last 50 minutes. Employee will conduct 7 classes per day.

Classes and teaching are scheduled in accordance with the needs of the Institute: however, reasonable efforts will be made to accommodate employee�s requests. Employee may not accept any work not assigned by employer.


3. Pay

Employer agrees to pay Employee yearly salary and bonus/severance payment. It will be paid in South Korean Won, and is paid out in thirteen (13) payments over course of twelve (12) months in the following manner:

1. 2,200,000Won per month for twelve (12) months.

Monthly pay will be paid 1 month after from the starting date following each pay period. For example if an employee starts an ESL job on the 15 of July, the first pay will be given on the 15th of August and the other salaries for each month will be paid on the 15th of the following month. However, on the last month of the contract term, the monthly salary, severance pay and deposit are to be paid on the last day of the contract term, before the employee leaves Korea.

2. Overtime rate for each hour worked over and above 30 hours per week is 18,000 Won per hour.
3. Bonus/Severance Payment: Employee will be given an additional one month�s salary of 2,200,000won for completing the full contract period. This amount will be paid at that time of completion of the full contract term.
4. Korean income tax will be deducted from the salary according to Korean tax law, currently, 3 5 %.

E. Pension will be given.

4. Airfare

A one-way ticket will be provided to the instructor in advance by the institute. Upon completion of the contract, a return ticket will be provided by the institute. However, if the instructor fails to complete the above contract period for any reason, the return ticket will not be given to the instructor. If the teacher leaves willfully or in case the employment contract was terminated due to the cause before 6 months from start of work, the employee must repay the airfare which was paid by the employer.


5. Accommodation

Employer agrees to provide housing for Employee. Employee is not responsible for the payment of the rent, but Employee is responsible for paying the utilities.

Housing will be provided in the following manners:

A. A 1-bedroom or studio furnished apartment, no roommates

B. The Employee agrees to pay 500,000 won as a housing management deposit. This deposit is to cover unpaid monthly services, utility, and telephone charges. Employer agrees that the deposit will be returned, in full, to the Employee in the event of no outstanding charges. The Employer will deduct 250,000 won per month for the first 2 months where the Employee makes their total base salary (i.e. a full month�s work).

C. This deposit will be paid back to the Employee at the end of his/her 1-year full-time contract after all bills that he/she is responsible for have been paid.


6. Insurance

A medical and accident insurance plan from an insurance company or the Korean government will be offered to the employee. Employer further agrees to pay 50% of the monthly premium. Employee is responsible for the other 50%, and Employee�s portion of the monthly premium is collected through deduction from salary. Dental and pre-existing conditions are not included.


7. Instructor�s duties

1. English teacher/Instructor:

Employee as an English teacher, will director and guide the students in conversational English, and as such, minimal class preparation is required, Employee will be provided with the books and teaching materials necessary to conduct the class, Employee is expected to conduct the class without assistance.

2. Native English speaker

Employee, as a native speaker, will instruct the students in pronunciation exercises. Employee will be provided with the necessary material to conduct such exercise.. Employee may be assisted by a Korean English teacher.

C. The instructor will set a good positive example at all times. The instructor will follow set class schedules and will not dismiss class, cancel classes, start classes late without the approval of the director.


8. Holiday/annual leave/tardiness notification procedures:

1. Holiday: There are 13~15 Korean holidays per year. Employee is not required to work on these days.
2. Annual leave: Employee is permitted 10 days (5 days in summer, 5days in winter) of paid leave per year. Vacation time will be taken at a time designated by the director of the institute
3. Unpaid leave: Unpaid leave is permitted only under extreme and unusual circumstances. Extreme and unusual circumstances include, but are not limited to: death or serious illness of self or immediate family member. Upon presentation of proper notice and proof to the Employer, Employee may be granted up to seven days of unpaid leave

D. Tardiness: Employee has to be at school 30 minutes before the first class. If

Employee is more than 10 minutes late without notification, one hour of pay may

be deducted, depending on the circumstances. Acts of God and accidents are excluded.

9. Release from contract

Both parties have the right to make the contract null and void under one of the following circumstances:

A: The health of the employee is such that it is deemed impossible for the employee to continue work.

B: Blatant misconduct by employee either professionally or otherwise

C: Employee or dependants violate Korean law

D : In the event of war, civil strife, or other disturbances or matters that are deemed by either the employee�s government or Korean government as being unusual and of adequate reason for leaving the country, provided that official documentation from respective embassies is presented

10. Notification Requirement

Employer or employee may annul the contract by giving a minimum of one month�s advance notice in writing. In the case of employer seeking annulment, reasonable and adequate grounds must be provided in order for the contract to be involved. Reasonable and adequate grounds for annulment includes, but is not limited to, insistent blatant and gross misconduct, conducting classes under the influence of intoxicants, continual absence and/ or tardiness for classes. If employee desires arbitration, a mutually agreed upon third party must be provided to settle the matter. Employee may seek annulment in cases where the employer does not complete the terms at they are required to complete according to the contract. In the event of the Employment violating the employee�s rights as laid out in the contract, annulment is also granted.

11. Legal action

If there is dispute between the parties involved in this contract, parties agree to the final judgment of a Korean civil court, or Korean civil Law, whatever the final decision may be. If at anytime employee leaves the Institution without giving prior notice and without going through the appropriate procedures, employer has the right to pursue legal action for damages and attorney fees, against employee. If Employee has left Korean altogether, Employer has the right to pursue legal action outside of Korea. If the employee�s rights have been violated by the employer, the Korean Labor Board shall be immediately contacted to begin an investigation of the institute, its owners and directors.

[tanklor1]

I think that there's a thread just for contract looke-sees. Gave them eyes up into the stickes.

[amnsg2]

You can also read through the past posts to see what to look for because there tend to be recurring themes. There's nothing that's making me think it's a bad contract, but the people who know what they're talking about are in the sticky thread.

Also, imo if they agree to changes and to add stuff in they're willing to compromise. If they put up a fight or tell you that the contract isn't changeable when you're only asking for simple things, it's a bad sign.

[lifeinkorea]

Pension is not negotiable. Whether it's in the contract or not, they have to pay it. http://wiki.galbijim.com/Korean_pension_plan

Make sure other things are sorted like salary and housing arrangements.

[keiran]

whats a reasonable salary to ask for 30+ a week?