Korean Job Discussion Forums

[breige]

hey there, was hoping that someone could review this contract for me and point out anything that I should be concerned with

thanks



Employment Contract for Foreign English Instructor

This Contract is made and entered into by and between
Employer
School Name:
Address in Republic of Korea:
Hereafter called �Employer�
and
English Instructor
Full Name:
Hereafter called �Employee�
Contact Number:
Emergency Contact Number: _________________________________________________
Nationality:
Passport No.:
Passport Expiration Date:
Passport Issuing Address:

The institute (Employer) wishes to engage the services of the instructor (Employee) ____________ as an English Instructor. The two parties agree to sign to this contract and fulfill the obligations within. The governing language of this contract is English. The English contract shall govern the translation of this contract into any other language. The governing monetary unit of this contract is the Korean Won (KRW).
________________________________________
1. Employment Period
________________________________________

The employment period under this contract shall be 12 months starting ____October 2011 and ending October 2012 .

New employees must complete a mandatory orientation/training over a minimum 3 days/maximum 5-day period, this may include but is not limited to: class observations, performing demo lessons, and thoroughly reading through the International Staff Manual and its related readings.

Depending on the Employee�s time of arrival this training period may occur before or during the actual contract period. In the case that orientation/training must be completed after the actual contract period has begun, the Employee will be required to complete orientation/training during one or more of the following time periods; prior to, during, or after each day�s regularly scheduled classes.

If the orientation/training period occurs before the actual contract period, the Employee will be provided housing. Orientation/training is unpaid. Refusal of Training will null and void the terms and conditions of this contract.

________________________________________
2. Location of Employment
________________________________________

The Employer shall designate a single workplace. During the length of this contract period, the Employee shall not engage in supplemental employment including but not limited to: part time or private tutoring employment without the Employer�s prior approval.

If the Employer grants prior approval to the Employee�s participation in supplemental employment, the Employer shall not interfere with the Employee�s performance of said duties. The Employee must give preference at all times to the duties and responsibilities of this contract over those of supplemental employment.

If supplemental employment severely hampers the Employer�s honoring of this contract, the Employer will issue a warning. If the Employee continues to allow supplemental employment to hamper their honoring of this contract/completion of administrative duties, the Employer reserves the right to revoke prior approval for supplemental employment.



________________________________________
3. Working Hours & Overtime
________________________________________

1) During the period of this contract, the Employee is required to prepare, teach, and perform all required administrative duties relating to the classes assigned by the Employer.

The workdays of the Employee every week are Monday --- Friday, between the hours of 2:00- 9:00pm, 2:30 -9:30pm, or 3:00 to-10:00pm relative to each campus�s specific location/schedule.

The Employee will teach a maximum 6 classes per day or 30 classes per week. Any classes agreed to by both the Employer and the Employee over this maximum amount will be paid as overtime along with Employee�s regularly-scheduled salary.

2) During summer and winter vacation schedules, class times will changes from an afternoon to a morning schedule, starting at 9:00am and ending at 6:00pm.

3) During regular academy schedule, classes are 45 minutes in length.

During vacation schedules, classes are 50 minutes in length.

4) If the Employee works overtime, the Employer must pay the Employee an overtime rate according to Article 6 Clause 2.

5) The Employee shall attend a maximum of 4 campus staff meetings/workshops per month and a maximum of 5 company-wide staff meetings/workshops per year. These meetings are not held during working hours and are not considered as working overtime.

6) The Employee shall attend, work, and cooperate together with Korean staff when their campus has special events such as Parents' Meetings, Festivals. Participation in these events is not considered overtime and will not be paid as such. Employees will be required to attend no more than 2 of these special functions per month.

If there are less than 120 working/teaching hours given to the Employee within any calendar month period, the Employer shall not require any unused hours of each month to be carried over to any consecutive months.

7) If the scheduled classes for the Employee are less than 6 per day, the Employer may ask for other supplemental tasks -excluding teaching- to be performed; i.e. essay corrections or journal corrections for students within the campus at which the Employee is employed and preparation for upcoming campus events.


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4. Duties of the Employee
________________________________________

1) In order to properly perform duties, the Employee shall comply with the Employer's regulations and rules under the guidance of the Director, Supervisor, and/or Head Korean and International Teachers of the employing KJC campus.

2) The Employee must try at all times to act with dignity during the length of this contract period. The Employee shall comply with the laws, rules, and regulations of the Republic of Korea. The Employee shall not be involved in any illegal activities that might endanger visa status and/or the reputation of the Employer.

3) The Employee must strictly adhere to class schedules. The Employee shall attend staff meetings as set forth in Article 3, Clause 5, and prepare for classes as outlined below in Clause 4.

4) In order to maintain quality lessons and instruction, one hour of preparation time prior to each day� classes is required from the Employee. The Employee is required to arrive to the workplace 1 hour prior to the start of the Employee�s first scheduled class on a daily basis to ensure adherence to this policy.

The Employee should be prepared to keep records of student achievements and to write student progress reports for students as required by each individual campus. The Employee may only be required to write student progress reports a maximum of 1 time per month. This preparation time and any time outside of regular class breaks used for administrative duties will not be paid as overtime.

In the case that a colleague is unable to attend work, the Employee may be required to substitute for the absent employee as the schedule allows.

5) In the case that a colleague is unable to attend work due to an illness or accident, the Employee is required to give prompt notice.

If the Employee is absent at any time without permission from the Employer, 20,000 KRW per class absent shall be deducted from the Employee�s salary for the working month in which the absence(s) occurred. Unexcused absence will not be tolerated and may be used by the Employer as grounds for termination of this contract after the first offence.

6) The Employee shall use only the teaching materials provided by or recommended by the Employer. The use of supplemental materials is encouraged via prior approval from the Director, Supervisor, and/or Head Korean and International Teachers of the employing KJC campus. The Employee may be required to submit a teaching plan at the end of every month for the following month�s classes, dependent on each individual campus� policy.

7) The Employee is prohibited from engaging in personal activities during in-class teaching periods. This includes but is not limited to mobile phone use, recreational reading, or surfing the Internet.

The Employee shall not reveal company information to other individuals or institutes during the period of this contract. In the event that the Employee�s actions cause damage---financial or otherwise---to the Employee may be asked to resign and the contract will be null and void.

9) The Employee shall strive at all times to comply the requests of partner teachers and the employing campus� teaching schedule.

10) All original material produced by the KJC company during the period of this contract is the sole property of KJC and shall not be used outside of the institution by the Employee.

11) Appropriate work attire is required to be worn by the Employee during teaching hours. Please consult the International Employee Manual for a more detailed outline of dress code. Shorts, thong-style sandals, and low-cut shirts/tops are unacceptable for either gender.

________________________________________
5. Employer's Duties
________________________________________

1) The Employer shall at all times attempt to provide the Employee with professional support, respect, and a harmonious working relationship.

2) The Employer shall pay salary on time every month as set forth in this contract in Article 6, Clause 1.

3) If the Employee is injured in an accident or mishap outside of the workplace or the Employee�s normal work duties, the Employer bears no responsibility for the incurred medical and/or hospital costs to the Employee.

4) The Employer acknowledges the differences of cultures and customs between the Employer and the Employee. The Employer shall assist the Employee with settling into their new residential and working circumstances/environments. In the case that the Employee encounters illness and/or accident, the Employer is responsible for assisting the Employee to the best of their ability--i.e. assisting the Employee to the hospital/pharmacy
5) The Employer shall not infringe on and shall respect the Employee's privacy. In the event, however, that the Employee�s actions outside of the workplace irreparably damage the reputation of the employing campus and/or KJC the Employer reserves the right to terminate this contract.
6) In the event that a dispute arises, both parties shall try to their best to resolve it in good faith.

________________________________________
6. Monthly Salary & Severance Pay
________________________________________

1) The Employee shall be paid 2,200,000 KRW on, or before, the 15th day of each month for the previous month�s work. This amount will only be paid upon full completion of all duties and obligations during the prior month�s employment.

2) Weekday (Monday ~ Friday) overtime shall be paid at the rate of eighteen thousand (18,000) KRW per hour in addition to regular monthly salary. Weekend (Sat. �Sun.) overtime shall be paid at a rate of twenty-five thousand (25,000) KRW per hour.

3) Upon full completion of the terms and conditions of contract by the Employee, the Employer will award the Employee severance pay equal to the amount one month�s salary as set forth in Article 6, Claus 1.

4) If the Employee fails to fulfill the complete terms and conditions of this contract or if this contract has been terminated due to violation of its terms this payment will not be awarded.

________________________________________
7. Housing
________________________________________

1) The Employee will be provided with a private one-room studio apartment.

2) The Employee may be housed in alternate housing, i.e. a hotel, while the previous tenant vacates the apartment, the apartment is inspected, and the apartment is professionally cleaned in preparation for the arrival of the Employee. The Employee should be housed in alternate accommodation for no more than 7 consecutive calendar days.

3) The following furnishings and appliances are provided by the Employer: a bed frame, mattress, sheets, wardrobe, TV, refrigerator, gas range, washing machine, air-conditioner, pan, pot, and a single set of eating utensils.

4) Monthly utilities, i.e. apartment maintenance, electricity, water, and gas in addition to any bills�monthly or otherwise�for services rendered such as but not limited to Internet and mobile phone contracts/usage are the sole financial responsibility of the Employee.
The Employer does not provide and is not responsible for the daily meals of the Employee.

5) The Employee is responsible for the regular cleaning and maintenance of the Employee�s apartment, furniture and appliances. Any damages to the provided furnishings or apartment are the sole financial responsibility of the Employee and will be deducted from the Employee�s regular monthly salary unless the Employee has arranged an alternative method of payment for damages rendered.

The Employee is requested to keep the apartment in the same or better condition in which it was upon moving in. The Employee is required to hire a professional cleaning service to clean the apartment before vacating the apartment at the end of this contract period unless the Employer has previously deducted a one-time cleaning fee from the Employee�s salary.

6) At the conclusion of this contract period, the Employee has one day after the last teaching day to vacate the provide housing unless an alternate agreement has been reached with the employing campus� director.

7) Upon completion of this contract, any remaining and/or overdue monthly utilities shall be deducted from the Employer�s last salary unless otherwise arranged through means of a mandatory deposit paid by the Employee at the beginning of this contract period to the employing campus per individual campus� policy.

If the Employee has previously-arranged accommodation, the Employee shall be paid two hundred fifty thousand (250,000) KRW as a housing allowance along with and in addition to the regularly scheduled monthly salary.

________________________________________
8. Airfare
________________________________________

1) The Employee will be provided a one-way economy-class air ticket from the nearest airport to the point of hire for passage on a regularly scheduled airline to Korea.

In the event the Employee successfully completes the full 1 year contract period, the Employee will receive a return one-way economy-class air ticket for passage to the nearest airport to the point of hire.

The Employee's return ticket back to point of departure is given when the Employee leaves employment. In the event that the Employee continues employment under a subsequent employment with the Employer, the return air ticket shall be provided at the time of completion of the subsequent contract period(s). If the Employee is fired from the institute before the completion of a 12-month teaching session, the Employee will not be given a return ticket to the point of departure.

2) If the Employee voluntarily, and in violation of this contract, leaves employment with the Employer before the completion of 6 full calendar months, the Employee must reimburse the Employer for the cost of the air ticket for passage to Korea. After the completion of 6 full calendar months, the Employee is not required to reimburse the Employer for the cost of the air ticket for passage to Korea. If the Employee has worked for 6 months or more but does not successfully complete the contract, the Employer will not provide the return air ticket.

________________________________________
9. Paid Vacation & Paid Sick Leave
________________________________________

1) The Employee will receive 5 consecutive weekdays, Mon�Fri, of paid vacation after the completion of 6 full calendar months of employment. The paid vacation period must be agreed upon by both the Employer and the Employee. The paid vacation period must not be combined with any national or school holidays (i.e. if there is a national or school holiday on a Friday or Monday, the vacation cannot be taken the following or previous week.) nor taken during the summer or winter vacation class schedules. Two additional days�excluding national holidays�may be added at the Employer�s discretion.

2) The Employee shall receive 3 days of paid sick leave during the period of this contract. The Employee must submit an official doctor�s note and/or hospital paperwork for the days absent due to illness to the Employer upon the first day of arrival to the workplace after the day(s) of paid sick leave. If the period
of sick leave due to illness exceeds 3 days, the teaching days missed by the Employee shall not be considered as paid sick leave and a salary deduction will occur as outline below in Article 9, Clause 3.

3) In the case that the Employee is absent, excluding paid vacation and sick leave, one hundred thousand (120,000) KRW per day shall be deducted from the Employee�s regularly scheduled salary.

4) If the Employee does not successfully complete this contract, the Employee shall reimburse the Employer one hundred thousand (100,000) KRW per day for any paid vacation days used prior to violation of this contract. The required amount will be deducted from the Employee�s last salary.
________________________________________
10. Korean National Income Tax, Health Insurance & Pension
________________________________________

1) Income tax shall be withheld from the Employee�s monthly salary at a rate of 3.3 % in accordance with Korean Tax Law. The Employee shall be provided with the receipts or this will be outlined in the detailed monthly pay slip given to the Employee by the Employer on or before the regularly scheduled monthly salary is received.

2) The Employee shall be covered by medical benefits under Korean National Health Insurance Corporation (NHIC). In accordance with national guidelines, a monthly insurance premium will be shared by both the Employee and Employer with each of the respective parties covering 50% each of the monthly premiums. Coverage will commence after joining the NHIC or approximately 4�6 weeks after the Employee�s arrival in Korea and the Employee has received the Alien Registration Card (ARC) and been properly registered with both the immigration and tax authorities. The Employer shall deduct a monthly premium, approximately 2.66% or as stipulated by the NHIC, from the Employee�s salary for the Employee�s portion�or 50%�of the monthly premium in accordance with the Law of Employment of Foreigners. The Employee shall be provided with the receipts or this will be outlined in the detailed monthly pay slip given to the Employee by the Employer on or before the regularly scheduled monthly salary is received.

3) In accordance with Korea�s Law of Employment of Foreigners, foreign workers employed by Korean businesses must pay into the Korean national pension plan. Payment into the national pension plan per employee is equal to 9% �or the current ratio as stipulated by the National Pension Service (NPS)�of the Employee�s monthly salary. This rate of 9% is shared by both the Employee and the Employer with each of the respective parties paying 4.5% of this amount. 4.5% of this amount will be deducted from the
Employee�s monthly salary while the Employer is required to contribute the remaining 4.5% as required by the NPS.

________________________________________
11. Cancellation
________________________________________

The Employer reserves the right to cancel this contract due to any or all of the circumstances specified below:

1) The Employee, or any of the Employee's dependents, violates any laws of the Republic of Korea.

2) The Employee uses drugs, excluding those supplied by prescription, or alcohol during their working hours.
3) The Employee sexually harasses, verbally abuses or is violent towards/with students or employees of the institute.

4) The Employee�s continuation of working is determined impossible due to the Employee's mental and/or physical impairment.

5) There is a continued failure to be on time for classes and/or the amount of unexcused absence exceeds 1 days.

6) The Employee is given 3 of or more warnings from the Employer regarding the Employee�s behavior within the workplace or the provided staff apartment.

7) If the Employee takes a sick-day before holidays or after holidays intentionally and without a doctor�s note.

The Employee does not carry out the responsibilities stipulated in the contract.

9) In case of failure to adhere to the above articles, the Employer shall notify the Employee of the cancellation of this contract in written form 15 days prior its cancellation. The return air ticket and severance payment shall not be given to the Employee under these circumstances.

10) In the event that this contract is terminated by either party, the Employee must vacate the provided staff apartment within two (2) days of the last day worked. Any and all costs associated with the Employee�s vacating of the provided staff apartment are the sole responsibility of the Employee.

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12. Contractual Modifications & Termination
________________________________________

1) The Employee or the Employer may terminate this contract by providing minimum forty five (45) days advance notice�in writing�including the respective party�s reasons for termination. If this contract is terminated the Employee and Employer must adhere to all stipulations in this contract regarding airfare, provided staff housing, and paid vacation days. In order to protect the continuity of quality education for KJC�s students, both parties will faithfully and respectively complete all duties and responsibilities under this contract until its actual termination. In the event that the Employee terminates this contract prior to the completion of 6 full calendar months, a sum of eight hundred thousand (800,000) KRW will be deducted from the Employee�s last salary to reimburse the cost to the Employer for the recruitment of the Employee. If the Employee has completed 6 months or more of this contract but does not complete the entire contract period, the Employee will pay four hundred thousand (400,000) KRW or 50% of the cost of recruitment. If the Employee was not hired through a recruiting agency, the Employer will not deduct a reimbursement for recruitment from the Employee�s last salary.

2) In the unfortunate event of the Employee�s death, war, and/or any accident and that results in the Employee�s failure to acquire an E-2 visa, this contract shall be terminated.

3) The Employee may terminate this contract in the event that the Employer does not uphold the Employer�s responsibilities of 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 under these circumstances, the Employer shall provide the Employee with a release form releasing the Employee from employment with the Employer. In the case that the Employee terminates this contract due to physical assault by the Employer, the Employer will provide the Employee with both a release form and their severance pay regardless of the number of months completed under this contract.

4) Changes in this contract must be made in writing, with mutual signatures and agreement from both the Employee and the Employer. Changes without any written form cannot be used as a basis for contractual termination or legal action.

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13. Miscellaneous Provisions
________________________________________

1) The Employer and the Employee agree to act in good faith toward each other during this contract period. The Employer will not dismiss the Employee without reasonably cause and the Employee will attempt at all times to satisfactorily fulfill all the responsibilities and conditions as described in this contract.

2) Duplicate copies of this contract are in effect. The Employee retains one copy and the Employer retains one copy. All copies of this contract must have the same beginning and ending dates. All copies of this contract must have the same signatures. If any contractual modifications are made, said modifications must be made to both copies of this contract.

3) The Employer and the Employee mutually agree on all the articles of this contract. In the event that any unresolved conflicts arise, both parties shall follow the laws of the Republic of Korea to professionally resolve the conflicts.

[jeremysums]

Lol, it looks good to me. You should sign.

[breige]

Thanks JeremySums!


Are you in Korea yourself at the mo??

[Tallgesse]

Honestly OP...To ME it doesn't look horrible... But I don't know diddly squat. I do know that the pay date being late has been said to indicate possible past occurences of runners. Most people seem to expect the 10th. The vacation time is a bit short, I think most people want 10 days not including holidays... And there is mention of a possible deposit in here, though it doesn't say thats deffinitely going to happen, and most people have said to never accept a deposit deal, have it striken.

The bright side is they included the air conditioner, the pay rate looks right and...shoot I forgot to check for the severance, pension, and NIHC...

But I don't know jack I'm just trying to learn what to look for... However. There is a sticky where contract reviews are SUPPOSED to be placed. I immediately got nervous when I read this thread and its replies. The first poster who replied may be pulling your leg saying its good to go, because you didn't post this in the right place. Go put it in the contract wiki and get people to review it thoughly there before accepting.

[valkyrian2]

http://forums.eslcafe.com/korea/viewtopic.php?t=197658