Korean Job Discussion Forums

[thebektionary]

Okay, I'm helping a girl from my university get a decent hagwon job.

We found one in Goyang/Ilsan by Hwajeong station, it's called Kids Club. If anyone has experience with the school let me know how it is.

It's a half kindie half elementary job 10 am - 6 pm. It's her first contract and she has no experience, so I think these hours in that location is pretty decent. We talked to the foreign teacher and she gave it a good review.

So we got the contract, and everything looks good except I'm confused about something. It says that she will be enrolled in pension and national health insurance, but it still lists the tax rate at 3.3%. I know that's not right and that it should be at 1.6% or something like that. I mentioned it to the recruiter and she said that it is 1.6% but she has to pay 3.3% and she will get the difference back in the tax return.

It sounds kind of sketchy and like they are trying to steal the difference, but then again the recruiter could be right.

What do you all think?

Everything else about the contract seems fine. I am posting it here for review.


EMPLOYMENT CONTRACT

This employment contract is made between

[info removed]

Hereafter referred as the �Instructor�.


TERMS AND CONDITIONS

1. The Responsibilities of the Instructor:

(1) The Instructor is to provide quality education of his/her specialized language by offering the students with his/her expertise and competence. In order to carry this out, the instructor must develop his/her effective teaching methods under the guidance of the Director, manage the students assigned to his/her course of instruction, and make the utmost efforts to maintain positive rapport between School and the students.
(2) The Instructor is to follow School�s decision on the number of hours to teach per month, class schedule, classrooms, and the course of instruction. The Instructor is also required to attend various meetings, seminars, and other events scheduled by School.
(3) The Instructor is to be present at School before the scheduled class hours (working hours) to teach and prepare for language training materials related to the instruction. The instructor must be in his/her classroom 5 minutes before the class-hour.
(4) The Instructor is responsible for preparing teaching materials, using the syllabus and supplementary materials approved by School. In addition, the Instructor is to participate in the activities directly related to teaching such as picnics, field trips and level testing as scheduled by the school.
(5) The Instructor is responsible for grading and evaluation of students at the end of each term.

2. Place of Employment:
The Instructor will work for the School at the following address: Kyunggi-do Koyang-shi Dukyang-gu Hwajung-dong
1002-3 E-Plaza 4Fl, South Korea

3. The period of Employment and Limitation:
Pending the issuance of and E-2 visa from Korean Immigration, the Instructor will work for the School for a period not exceeding one year in accordance with the E2 visa.

(1) The period of employment under this contract is from December 7th, 2012 to December 7th, 2013 beginning and ending in the Republic of Korea.
(2) The Instructor shall not teach at any other language institute, or be engaged in any other form of employment except with a) written approval from the Korean Immigration and b) approval from School. When the Instructor is found to be in violation, School may terminate this contract with the Instructor regardless of the period of employment stated above.

4. Assigned Course and Salary:

(1) Assigned Course: English
(2) Monthly Salary: 2.100.000 won
(3) Number of Class-hours: 30 teaching hours per a week
(4) The School guarantees the Instructor the monthly salary as stated above, and the Instructor agrees to be available to teach all class hours offered by School. If the Instructor cannot teach the required class hours due to his/her unavailability, the monthly salary guarantee will not apply, and it may be cause for termination of the contract.
(5) Overtime over and above the required 30 hours per week will be paid at 18,000 won per hour. Only teaching hours in excess of 30 hours per a week and only those approved by the Academic Supervisor / Director are considered as overtime. Overtime will not include workshops, teachers training sessions or any other events scheduled by the School as stated in Article 1 (2).

5. The Payment of Salary:

(1) The initial pay scale of the Instructor is decided by School on the basis of the Instructor�s educational background and experience.
(2) The Instructor is paid on the 1st of each and every month without delay. When the payday coincides with a national holiday, the payment will be made on the first working day after the 7th.
(3) If the Instructor leaves the School and is subsequently rehired at a later date, the Instructor will be able to retain his/her pay-scale grade at the time of leaving if he/she had taught full-time at School for a minimum of 12 consecutive months.
(4) Income tax (3.3 percent) will be deducted in accordance with Korean Tax Laws.
(5) If the Instructor is absent from his/her class without a notice, 1.5 times of the class hour payment is deducted.

6. Health Insurance and Pension Plan:

(1) The Instructor will be automatically subscribed to National Health Insurance, and be bound by the domestic Medical Insurance Laws. The cost of this coverage will be borne half by School and half by the Instructor. Instructor�s share of this coverage will be deducted from Instructor�s salary, monthly.
(2) The Instructor will be joined in the National Pension Plan automatically, and be bound by the National Pension Management Laws.

7. Transportation:

(1) Round trip economy airfare is provided with the one-year contract from the Instructor�s nearest airport to the international airport in Korea and transportation from the airport to the Instructor�s residence in Korea. Upon completion of this contract, the Instructor will be provided with a return ticket.
(2) If the Instructor leaves the School before his/her contract period ends, the School will not pay for his/her return ticket.
(3) If the Instructor leaves the school prior to completing six months period of this contract for any reason, the Instructor must reimburse the School the cost of the ticket paid by the School or the School deducts the equivalent amount from the Instructor�s last month�s pay.

8. Housing:

The School will provide basic furnishings, and the Instructor is responsible for payment of monthly utilities.

(1) The Instructor may choose one of the two options as stated below:
The School provides a shared housing, or a single accommodation.
(2) Instructor is responsible for all maintenance, utility and telephone charges for accommodation provided by employer. In the case that an Instructor is the sole occupant of a double occupancy accommodation, provided by school, he/she will be responsible for all the above mentioned expenses.
(3) Instructor agrees to a deduction of 200,000 Won per month from the first two months of employment totaling 400,000 Won as housing management deposit. This deposit is to cover any unpaid monthly service, utility, and telephone charges at the completion of this contract and/or resignation or dismissal of the Instructor before the termination of this contract. Instructor 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.

9. Termination of the Contract:

(1) The School does not notify the Instructor of a renewal of the contract two months prior to the end of the employment period as stated in 3(1), this contract is automatically terminated when the contract period ends.
(2) The Instructor notifies the School in writing to terminate the contract before the contract period ends with such intention two months prior to the date of termination.
(3) The Instructor cannot fulfill the terms and conditions of the contract due to his/her own personal reasons.
(4) The Instructor is absent from classes three or more times or late for class five or more times, without a prior notice, such absence or tardiness may be cause for early termination of the contract.
(5) When the contract is terminated due to the conditions described in items (2), (3), and (4), School reserves the right to terminate the contract and to take necessary legal action for any damages incurred due to early termination of the contract. In addition, School is not responsible for severance pay. If the Instructor is a foreign citizenship holder, School will notify the Ministry of Justice the termination of employment and the sponsorship for the working visa.
(6) School reserves the right to revoke this contract if the Instructor is found to be in breach of the contract.
(7) The School notifies the Instructor in writing to terminate the contract before the contract period ends with nonfulfillment of Instructor�s duties and instructions (Appendix) immediately.


10. Handling Policy of No-Class Due To the Instructor�s Absence:
When the Instructor misses his/her classes because of unexpected illness, accidents, or other unavoidable reasons during the period of contract, he/she must notify School in writing within 2 days. A missed class without a proper notification will be considered as an absence. The Article 5 (5) will be applied in this case.

11. Holidays and Vacation:

The Instructor will receive two weeks paid vacation a year and all national holidays are observed and paid. All Korean national holidays and those days are designated by School.

12. Visa:

The School will provide all the necessary documents and sponsorship to obtain a proper working visa issuance paper for the Instructor with a foreign citizenship. The Instructor is responsible for obtaining the visa prior to the beginning of contract period.

13. The Appendix and the Compliance Responsibility:

The Instructor must comply with the instructions and duties in the Appendix, which is an adjunct to this contract. The Instructor should make every effort to improve his/her teaching skills in language training and maintain a standard of Korean school teachers. In the event the Instructor damages the reputation of the School because of a gross misconduct or any violation of Korean Laws, he/she will be deprived of
the qualification of an Instructor. Any misconduct or violation of Korean Laws shall be grounds for early termination of this contract.

14. The Validity of the Contract:

Both School and the Instructor have read and understood all the terms and conditions of this contract which binds upon all parties. School and the Instructor have executed this agreement on the date indicated below. Intending to be legally bound to, and in witness of, School and the Instructor have appended their signatures.

[ontheway]

This belongs in the contract thread above.

You should delete names from your post.

It looks like a disguised form of Independent Contractor contract:
1) They use the word "instructor" instead of "employee."
2) Tax rate of 3.3% is the IC rate.
3) The school does promise to pay half of the required Health Insurance. Good.
4) The National Pension is listed as required and the "instructor" must enroll, but the school doesn't promise to pay half. So the teacher will have to pay the entire 9%. This means this contract is worth 4.5% less than the typical contract about 94,500 won on the already meager 2.1 salary.
5) So, a 2,000,000 won job.
6) Overtime rate 18,000 is way too low.

Unless desperate for a job, I'd recommend a pass based on the hidden IC contract alone, and also based on the low pay.

[ttompatz]

these are supposed to be posted in the contract review thread and not a thread of their own:
http://forums.eslcafe.com/korea/viewtopic.php?t=197658&start=1515

.