Korean Job Discussion Forums

[Bezza]

Hi guys,
Would someone mind reviewing this contract for me please?
I'm guessing you'll highlight the following:
- No mention of air-con
- The housing deposit
- No specific start date (I believe the previous teacher will finish on 18th September)
- I am concerned the first payday will be 15th Nov not Oct

I am also concerned about paying for the flight myself although I understand the school's reasoning for doing this.

I have spoken to the teacher I will be replacing she has said nothing but good things about the area, apartment and school.

Anyways, thanks ahead of time for your responses to this:
This document is a contractual agreement between the Director ���, of located at ���.hereafter referred to as � Party A � and the instructor, ���� hereafter referred to as � Party B�.

1. Contract period
1 The period of this contract is from 2012. 09. and will end 2013. 09.
2 Party B must inform party A of whether to renew the contract or not two months prior to the end of the contract, and the contract may be renewed at that time by mutual agreement.

2. Salary
1 Party A will pay a monthly salary of (2,100,000) (Korean currency) to Party B.
2 About 6% will be paid to the Korean Government. (Income tax + Medical insurance) as required by Korean law.
3 Over time rate for each hour will be 20,000won. Overtime hours will be worked only when agreed upon by both
parties
4 On completion of 1 year contract, Party B will receive the amount of one month�s salary (2,100,000) as severance pay as stated by Korean law

5 Party B's salary shall be paid on the 15th of the next month for the previous month�s salary. Note: The last month�s salary and completion bonus will be paid in full at the end date of the contract date. If Payday falls on a national holiday, Saturday or Sunday, the salary will be paid on the preceding business day.

3. Working Hours
1 Party B is required to teach a maximum of 30 teaching hours per week from Monday to Friday. Working hours will be between 1:30pm-8:30pm and normal working days are approximately 22-23 days per month. There will be no classes on Saturday and Sunday unless agreed upon by Party B. Party B needs to arrive

2 Classes and teaching will be scheduled in accordance with the needs of Party A
3 Party B can be required to attend government teacher education course once a year. (This falls on a Saturday and will be announced by the government. Course is usually on 150 minutes in the summer)

4. Accommodations
1 Party A will provide a rent free studio apartment and will take responsibility for normal maintenance (property tax, repairs, etc.). Party A will provide a bed, gas stove, refrigerator, TV, table and chairs, washing machine, (But the fee for installing the phone/internet/cable will be charged to Party B).
2 The Employee will pay a housing damage deposit of 450,000 Korean Won. This amount will be deducted from the Employee�s salary in three separate deductions of 150,000 Korean Won for the first three months. Provided that all utility bills have been paid and there is no damage to the accommodation, the deposit will be paid back to the Employee on the last day of the contract.
3 The tenant party B, will be responsible for paying utilities, such as for the gas, electricity, telephone bills, etc.
4 Upon first arrival in Korea, it may be necessary for the teacher to stay in a motel temporarily before his/her permanent apartment is available. Party A will pay this expense

5. Airfare
1 Party A agrees to reimburse Party B for a one-way air ticket from his/her home country to Jeju Island, South Korea. Party A will repay the full cost of the one-way air ticket within 2weeks of Party B�s arrival to Jeju, South Korea. Party B needs to get approval before purchasing their flight. Once approved Party B needs to provide an official receipt in order to be reimbursed. Party A will reimburse Party B within 2 weeks of their arrival to Korea and after Party B�s medical results are returned and Party B doesn�t have a positive result for drug use.
2 At the end of the contract Party A agrees to buy a one-way air ticket for Party B from Jeju, South Korea to his/her country or any other destination ONLY WHEN Party A actually leaves Jeju to his/her country or any other destination.
3 If Party B has to leave before 6 months of their employment contract is completed, Party B is required pay Party A back the amount of the Air-Ticket that was originally reimbursed

6. Holidays & Sick Leave
1 All national holidays will be paid days off (15 per year).
2 Party B can take 10 days of paid holidays over the contract 5 days in the summer and 5 days in winter during the school�s vacation schedule. Party B is required to obtain approval from Party A in order to take a paid vacation. Weekends are not counted as vacation days only work days Mon.
3 Party B can take 3 sick days throughout the course of the contract only if Party B is legitimately sick, yet Party B should make every effort to contact Party A to allow for appropriate rescheduling. Party B should also obtain a note from a Korean hospital/clinic that explains his/her illness. Classes missed due to non medical reasons, unverifiable medical conditions or without advance warning to the Employer will result in a deduction from the Employee�s salary and a written warning, which can be used to terminate the contract.
If the teacher is sick over 3 days, salary will be deducted on a prorated basis.
(Example: Salary 2,000,000 per month/20 work days in month= 100,000 KRW deducted each additional day taken due to illness above the 3 paid.)


7. Medical Insurance
1 Party A agrees to pay 50% of the medical insurance monthly premiums as per Korean law. Party B�s medical insurance premium of 50% will be deducted from his/her monthly salary.
2 Dental and pre-existing conditions (diseases) are not covered in this insurance.

8. Party A�s Obligations
1 Party A will introduce to Party B, the Party A�s school policies and regulations concerning work conditions.
2 Party A will provide Party B necessary working and living conditions
3 Party A will provide all curricula, textbooks and other teaching materials
4 Party A will help Party B as best as possible with any problems, including personal difficulties in living in Korea.

9. Party B�s Obligations
1 Party B shall observe Party A�s school policies and regulations as stated in points 10.2 through 10.13 concerning teachers and shall accept Party A�s arrangement, direction, supervision and evaluation in regard to his/her work.
2 Party B is not allowed to work for any other organization including private tutoring without party A�s prior consent.
3 Korean law stipulates that no full-time instructor may work at two or more institutions at the same time. Failure to observe this regulation will result in immediate dismissal.
4 Without Party A�s consent, Party B shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with Party A.
5 Party B is responsible for the implementation of the school�s curriculum, grading and evaluation, and attending occasional teachers� meetings.
6 Party B must behave in a professional manner during class or when socializing with students after class.
7 Party B can be required to interview new students and evaluate their placement level.
8 Party B shall not be absent without Party A�s permission.
9 If Party B is more than 10 minutes late without prior notification, one hour of pay may be deducted. If Party B is more than one hour late without prior notification, one day of pay may be deducted.
10 Party B shall not sexually harass the students in his/her care
11 No form of physical punishment may be used by Party B.
12 Party B must make all efforts to follow Party A�s teaching methodology.
13 Party B will teach conversational English during his/her classes

10. Resignation
1 In the case of Party B�s resignation, which must be notified at least two months in advance, the contract between Party A and Party B will become be terminated. Accordingly, Party B�s salary will be paid up to the date of party B�s departure
2 In the case of party B�s resignation without notice before two months, Party A is not obligated to pay the salary for the month..

11. Dismissal
1 The employer may dismiss the employee from employment under the following conditions:
a. Violation of the laws of the Republic of South Korea
b. Teaching classes while under the influence of drugs or alcohol.
c. Being late for class on a continuous basis.
d. Repeated absences from classes without a valid reason.
e. Abuse or aggressive actions towards the school director or co-workers
f. If any of the information provided in Party B's application is neither true nor accurate.
g. If it is determined that Party B is prevented from or incapable of performing his/her duties for a medical reason, whether it is a physical or psychological ailment. (If requested by Party A, Party B must be immediately available for a medical examination). In the event that this contract is terminated pursuant to the foregoing Party A shall pay Party B a pro-rated salary based on the number of days actually worked by Party B. In such event, Party B shall be responsible for the return flight to his/her home country. Party B's visa will subsequently be cancelled
2 Party A must first bring the problem with proof to the attention of Party B in writing in the form of a warning letter and make every attempt to resolve the situation. Party B will follow the direction of Party A and make every attempt to correct the problem. Proof, but not warning letters, will be provided for sections 12.a ,12.b and 12 e Upon receipt of three warning letters, the Party A shall be dismissed with 30 days notice of dismissal in case of working more than 6months, according to Article 26 of the Korean Labor Standards Act.

12. Revision and Renewal of Contract
1 Both parties should abide by the contract and must refrain from revising, canceling, or terminating the contract without mutual consent.
2 This contract may be renewed upon agreement between Party A and Party B two months prior to its expiration; otherwise, Party B will just finish out the completion of the original contract.
The undersigned agrees to the terms stated above in this contract and for future reference, each party is to keep a copy of this contract.

13. Training/Orientation
1 Party B may be required to do a training period/orientation. Party B will not be entitled to any compensation if an orientation is required. Orientation period will not be longer than 2 days.
2 If Party B fails to fully complete the orientation, this Contract shall be subsequently terminated and Party B must return to his/her home country. In that case, the return airfare shall be borne by Party B. Party B's visa shall be cancelled.

14. Indemnity
1 Party B shall indemnify for and keep Employer harmless from any liability or damages arising from or in relation to any negligent, intentional or illegal activity of Party B during the Term of Employment under this Contract

15. Governing Law, Language and Venue
1 The terms of this Contract and the rights and obligations of the parties hereto shall be construed, interpreted and determined in accordance with the laws of the Republic of Korea.

[Troglodyte]

Post it in the contract review thread.