Korean Job Discussion Forums

[Rob12]

FIRST YEAR EMPLOYMENT AGREEMENT FOR INSTRUCTOR

This EMPLOYMENT AGREEMENT has been made this , 2011 by and between; having its office at,(hereinafter referred to as "employer"); and, a citizen of, whose address is _______________________________(hereinafter referred to as "employee").

Employer and employee agree as follows:

1. Employee accepts employment from employer to teach the English language under the terms and conditions set forth here in this agreement for a period of twelve full and consecutive teaching sessions. Employment commences from the first day of orientation ( November 24th, 2011 ) and finishes on the last teaching day of the last teaching session covered under this agreement.

2. Duties

2.1 During the term of this agreement, the employee is required to prepare for, teach, and carry out all required administrative duties connected with classes assigned by the employer. The minimum teaching requirement is an average of five, forty-minute teaching periods per teaching day, such average being calculated over each month (140classes:105 hours/month). Monday through Saturday are teaching days except for scheduled public holidays and vacation days.

2.2 The employer will have the authority to require employee to perform teaching duties in excess of the minimum teaching requirement. Total teaching periods in excess of the minimum requirement is calculated on a monthly basis.

2.3 No regular schedule of work hours can be guaranteed to employee. Payment made for assigned teaching periods is inclusive of payment for preparation and administrative duties connected with those assigned classes. Employee agrees to attend meetings and training workshops scheduled by employer. The purpose of meetings and workshops is to inform employee of matters relating to employee's duties and the institute's operation, or to assist in employee's professional development. No payment in excess of or in addition to employee's monthly salary will be made for attending meetings or workshops scheduled by employer.

2.4 At all times during the term of this agreement, employee will directly adhere to and obey all the rules and regulations that have been, or may hereafter be established, by employer for the conduct of employee or generally for the conduct of instructors at the place of employment.

3. Compensation and Other Treatment of Employee

3.1 Transportation: Employer will provide for employee an economy class ticket for passage to Korea from an international airport which is mutually agreed to by employer and employee (henceforth referred to as point of departure). On completion of the full contract period, employer will provide for the employee an economy class ticket for passage from Korea to point of departure. The return air ticket will be provided at the time of termination of employment. In the event that the employee continues employment under a subsequent employment agreement with employer; the return air ticket will be provided at the time of completion of the subsequent contract period(s). Air tickets provided cannot be exchanged for cash equivalents or transferred to persons other than the employee. Employer does not agree to, and is not liable for, compensation to employee, whether in cash or otherwise, for air tickets not used by employee.





3.2 Orientation and Training: Shortly after arrival in Korea, employee will be required to undertake orientation and training before commencing teaching. Employee will receive payment of 30,000Won per each day of training and orientation. The period of training and orientation will usually be one week but employer reserves the right to reduce that period in cases where employee arrives in Korea less than one week before the commencement of a scheduled teaching session.


3.3 Salary: Except for the period of orientation and training, employer will pay employee for the minimum teaching requirement the amount of 2,100,000 for each month of this agreement. In addition to the minimum teaching requirement, employer may give employee extra teaching periods per month. Payment for such extra teaching periods is made in addition to the basic monthly salary. Total monthly earnings for the minimum teaching requirement plus overtime is 20,000 Won / teaching periods. Teaching salary will commence from the first day of teaching. Taxes and deductions if any shall be withheld automatically from the monthly salary by Korean Law. Monthly salary payments will be made on or before the eighth day of the month following the month during which the employment services were provided.


3.4 Housing

3.4.1 Types of Accommodation : Employer will select and provide furnished living single housing studio for employee.. Furnishings provided by employer for use to employee include: a bed, a wardrobe, a fan, a kitchen table and chairs, a two-burner gas hotplate, a refrigerator, a telephone, a television, and a washing machine.


3.4.2 Utility Fee : The cost of monthly service, utility, and telephone charges for accommodation provided by employer will be paid by employee.


3.4.3 Housing management deposit : Employee agrees to deduction of 100,000 Won per month from the first three months of employment totaling 300,000 Won as housing management deposit. This deposit is to cover unpaid monthly service, utility, and telephone charges. Dependent on a written guarantee from a guarantor acceptable to employer, employer agrees that the deposit will be returned, in full, to the employee at the time of completion of employee's period of employment with employer, including any period of employment beyond that covered by this agreement. In the absence of such written guarantee, employer will hold the full amount of the deposit until all outstanding monthly service, utility, and telephone charges have been paid. In the event that employer makes payments covering monthly service, utility, and telephone charges on behalf of employee, the amount of such payments will be deducted from the deposit and the remainder of the deposit returned to employee. Employer agrees that payment of remaining amounts of the deposit will be made to employee within ten days after all outstanding monthly service, utility, and telephone charges have been paid.


3.5 Severance Payment: Dependent upon completion of at least one full year of employment with employer, employee will be given one month salary of 2,100,000 won as a severance payment in accordance with Korea Labor Laws. Korean severance tax will be withheld. This payment is made at the time of termination of employment, including any periods subsequent to that covered under this agreement.


3.6 Holidays and Vacation: Employee will be entitled to observe public holidays and receive vacation days during the contract term according to a yearly schedule provided by employer before the commencement of the year to which the schedule refers. There are at least ten (10) vacation days in each calendar year (January - December).




3.8 Emergency Leave: Employee will be eligible to receive up to six (6) days of paid emergency leave in the event of death or serious illness in employee's immediate family. Such emergency leave will be granted at the sole discretion of employer.

3.9 Medical Insurance: Employee will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The costs of this coverage will be borne half by employer and half by employee. Payment will be made by monthly deduction from employee's salary, at present 1.5%, and a like amount contributed by employer.

3.10 Accident Compensation: In the event that employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties; employee understands and agrees that employer will have no responsibility for, nor obligation to pay, medical and hospital costs which are in excess of those covered by medical insurance.

4. Dismissal or Voluntary Resignation

4.1 Employer will have the right to dismiss employee for unwillingness or inability to meet conditions of employment as set out under this agreement, for conduct seriously jeopardizing any student or staff person, or for criminal activity.

4.2 In the event that the employee is dismissed, or in the event that the employee voluntarily resigns prior to the termination of the term of this agreement, employer will pay salary due to date of termination. Employer will not pay the cost of return transportation to point of departure for employee, nor will employer pay any severance pay. Further, employer will be entitled to withhold an amount less than or equivalent to, but not exceeding, the cost of air fare provided for travel to Korea.

5. Covenants

5.1 Employee hereby agrees, covenants, and undertakes that he/she will not undertake any teaching duties or employment with any persons or organizations other than the employer. To undertake such employment is a breach of Korean Immigration law and can have serious consequences.

5.2 The employee understands and accepts that the rights to use, sale, distribution, or publication of all original material produced by the employee during the course of employee's employment, and for which the employee is compensated as either regular pay, as overtime, or in an agreed-upon lump sum, remain the sole property of employer.


6. Jurisdiction: This agreement will be interpreted according to the internal (domestic) laws of the Republic of Korea. A competent court in the Republic of Korea will have jurisdiction in regard to any dispute or claim arising out of, or in connection with, this agreement.

Employer and employee have executed this agreement on the date indicated below. Intending to be legally bound to, and in witness of, employer and employee have appended their signatures.



_____________________________ __________________________
Employer Employee

_____________________________ __________________________
Date Date

[Son Deureo!]

One of the stickies is a contract review thread meant for this sort of thing. This thread will probably be deleted soon.

If you post a summary of the job's conditions and your qualifications here, you'll probably get a better response.

[Tallgesse]

Isn't there a sub forum sticky above us specifically for this? You may get more replies...and a lot less people telling you to go for it even if its bad in retaliation...if you post this in the contracts review sticky.

[Rob12]

Sorry I thought I did. First post

[Tallgesse]

But just for giggles to test my own pre-service knowledge of contracts....I can tell you right now that "No set work hours can be guaranteed for the empoyee" probably won't fly.

[bobbybigfoot]

low salary. 4 years ago, it was acceptable (though still on the low end). That was back when the Won was strong and prices low.

Now the won is weak, prices are up.

[Tallgesse]

2.1 is low now? Whats considered the new fair and average?

[northway]