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Employment Contract

 
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wanderlustingone



Joined: 23 Apr 2013

PostPosted: Fri Jun 07, 2013 7:43 am    Post subject: Employment Contract Reply with quote

Employment Contract

EMPLOYEE

1. Employee�s name

1. Name of the school

2. Address

Hereafter to be referred to as the

Hereafter to be referred to as the

Employee.
The parties agree as follows:

1. TERM OF CONTRACT
This contract will be valid for a period of 12months beginning

2. CONDITIONS OF EMPLOYMENT

a) The Employee will act in an appropriately professional manner and be responsible for conducting professional English Language classes. During the term of this agreement, the employee is required to prepare to teach, and carry out all required administrative duties connected with classes assigned by the employer such as lesson preparations, student evaluations, teacher meetings, workshops, events such as a Halloween party and must arrive in the office at the mandatory arrival time.

b) The employee will be required to work for regularly scheduled hours from Monday
to Friday, Employees are expected to spend 45 hours per week in the office, including up to 30 hours of teaching time, with the remainder of the time used for preparation. If teaching hours exceed 30 hours per week, the employee will be paid overtime based on the additional teaching hours. Business hours start at 10:00 a.m. and ending time is
lexible but work will finish before 7:30p.m. Employee will be required to arrive 15 minutes before the start of their first class and prepare for lessons according to the employer�s academic standards. Failure to abide the mandatory preparation and arrival time can result in verbal or written warnings being issued to the employee. During the term of this agreement, employee may be required to attend and participate in non-teaching events
& functions that may occasionally be scheduled on Saturdays, The time used in nonteaching events & functions is considered to be part of your standard responsibilities as a salaried employee, and is not regarded as overtime.

c) Classes and teaching hours are scheduled at the institute�s sole discretion.

d) The employee is required to go through an orientation and training program before starting Employment.

e) Payment made for assigned teaching hours is inclusive of payment for preparation and administrative duties, which includes: preparing evaluations, attending meetings and workshops scheduled by employer.


3. SERVICES PROVIDED BY THE EMPLOYER
a) PAYMENT & TAX
The Employer will pay a monthly salary of 2.1 million won for regularly scheduled hours as previously detailed. (Payment of salary commences from the first day of teaching.)

b) The Employer may ask the Employee to work over time, and if the Employee chooses to do overtime, the Employer will pay for the overtime at the rate of 20,000 won per hour. Workshops, teachers training sessions or similar events scheduled by the school are part
of the regular responsibilities of the employee, and are not treated as overtime.

c) The employee salary will be paid on the 10

d) In accordance with Korean law, all employee�s tax liability, including payment into the national pension fund, will be deducted from the employee�s salary. The income tax will be deducted from the severance payment at the time of completion of the contract period of each month. The employer will pay an equal amount into the pension fund in the employee�s name, as a benefit to the employee.
National Pension Tax Compliance: Under current Korean tax regulations/tax treaty with the respective countries full time contracted employees holding passports from the United States, Canada and other qualified nations shall be paid the accumulated pension tax payment directly from the Korean National Pension Tax Office, upon leaving Korea (http;//www.npc.or.kr/ Click English link). Employees who do not qualify for the refund should inquire with their country�s tax office regarding the tax treaty bylaws with Korea and means of receiving reimbursement or credit for paying into the Korean pension

e) When an employee is absent from scheduled teaching duties salary will be deducted accordingly. However, the employee is entitled to a maximum of two paid days of sick leave if medical condition is verified by doctor�s note.

4. HOUSING
a) The employer will provide the employee a furnished Single housing unit and the housing will be provided at no cost to the employee with the exception of maintenance and phone bills.

b) As a housing security deposit, employees who receive accommodation by employer agree to a deduction of 100,000 Won per month for the first three months of employment totaling 300,000 Won. This deposit is to cover any unpaid monthly service, utility, and damages at the completion of this contract or resignation/dismissal of the employee before the termination of this contract. Employer agrees that payment of remaining amounts of the deposit will be made to employee within ten days after all outstanding monthly service and utility charges have been paid and accounted for without any remaining balances. Employer shall return the full amount of this deposit at the same time as the last salary & severance payment which shall be made within two days of the last teaching day

The employer shall provide a round airplane ticket. In the event that INSTRUCTOR leaves the employer before completion of his/her contract, employer is not responsible for the return airfare. If INSTRUCTOR willfully leaves the employer before 6 months, INSTRUCTOR must payback the initial airfare and employer may deduct the said airfare from Instructor�s last pay.

6. CONTRACT COMPLETION BONUS/SEVERANCE PAY

Upon completion of this contract, the employer will pay one month�s salary as a severance payment to the employee.

7. VACATION
a) The employee may have 10-working days as paid vacation per year, which will be organized by the institute. (days in which the employee does not regularly work i.e., Saturdays, Sundays and are not to be considered as part of the vacation period)

b) Employee�s paid sick leave during the Term of employment shall not exceed 2 calendar days. (a doctor�s invoice with the diagnosis and prognosis is required to be paid for sick days.) Classes missed for non-medical reasons or unverifiable medical condition will result in prorated deduction from employee�s monthly salary.

8. RENEWAL & TERMINATION OF CONTRACT


The employee must give the employer a written 60-day notice before renewal or non-renewal of the employee�s current contract.

b) Both the employer and the employee reserve the option to renew the contract.
c) TERMINATION OF CONTRACT

Both parties will give at least a written 60-day notice prior to the termination date of the contract.

d) The employer retains the right to terminate the contract immediately if:

l The employee is unable to discharge the responsibilities or meet the conditions, as, for example, being late for class on a continued basis, repeated failure to keep regularly scheduled class hours, and repeated absences from classes without a valid reason.


l The employee teaches a private class outside of the school .

l The employee participates in any type of criminal activity of corruption of public morals which violates the laws of the Republic of South Korea. If, for any reason, the contract is terminated before the full completion of the contract period; The employee will not qualify for benefits such as severance pay and airfare. The employee will be wholly responsible for any/maintenance and phone bills remaining for the duration of their housing lease. Within 14-days the employee is required to sign a notice of termination and accompany the employer to the Korean Immigration office to notify the Korean Immigration office of the termination.

9. MEDICAL INSURANCE
Employee will be covered by medical benefits under the Korean Medical Insurance Union (http;//www.nhic.or.kr/ click English link) a Government Health Organization. The cost of this coverage will be borne half by employer and half by employee. Employee�s share of this coverage will be deducted from employee�s monthly salary.

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 cost which are in excess of those covered by medical insurance.

11. MEDICAL CHECKUP
The employee should get a medical checkup in Korea and pay the fee.

12. GOVERNING LAW & JURISDICTION

a) This contract is governed by the law of the Republic of Korea.

b) This contract is made final and firm unless any material modification or amendment to this contract is executed with the full knowledge and consent of the undersigned and incorporated into this contract. In witness thereof, we have affixed our signatures hereon.


EMPLOYEE


Signature




Thank you!
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face32



Joined: 06 Oct 2010
Location: USA

PostPosted: Fri Jun 07, 2013 7:50 am    Post subject: Reply with quote

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



Joined: 23 Apr 2013

PostPosted: Fri Jun 07, 2013 8:14 am    Post subject: Reply with quote

My apologies! This is my first post and I thought I posted it in that forum.
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Skippy



Joined: 18 Jan 2003
Location: Daejeon

PostPosted: Fri Jun 07, 2013 8:49 am    Post subject: Reply with quote

wanderlustingone wrote:
My apologies! This is my first post and I thought I posted it in that forum.


Right forum. Wrong Thread. You need to post the contract in the thread.

For your own benefit. Consider reading the contract thread. Yes it is 80+ pages. But even from page 40 and up you will get an education on hagwons and contracts.
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wanderlustingone



Joined: 23 Apr 2013

PostPosted: Fri Jun 07, 2013 8:53 am    Post subject: Reply with quote

Again, my apologies! How do I delete the thread?
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nahanni



Joined: 21 Mar 2007

PostPosted: Fri Jun 07, 2013 9:00 am    Post subject: Reply with quote

"Business hours start at 10:00 a.m. and ending time is
lexible but work will finish before 7:30p.m."

no, no, no....and there are many more no's....rethink everything....
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Skippy



Joined: 18 Jan 2003
Location: Daejeon

PostPosted: Fri Jun 07, 2013 9:08 am    Post subject: Reply with quote

wanderlustingone wrote:
Again, my apologies! How do I delete the thread?


What for a helpful moderator to lock it. Might be a little while as it is a Friday night.
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WadRUG'naDoo



Joined: 15 Jun 2010
Location: Shanghai

PostPosted: Fri Jun 07, 2013 1:10 pm    Post subject: Reply with quote

That's terrible pay.
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byrddogs



Joined: 19 Jun 2009
Location: Shanghai

PostPosted: Fri Jun 07, 2013 1:46 pm    Post subject: Reply with quote

By the looks of that, it seems that not only have salaries stagnated, but overall conditions have actually gotten worse for some hagwon jobs. That is a pretty poor offer. 45 hours on site with 30 teaching hours and possible extra duties on weekends that aren't paid as overtime is just plain bad. I could go on and on about why this offer stinks.
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nicwr2002



Joined: 17 Aug 2011

PostPosted: Fri Jun 07, 2013 11:21 pm    Post subject: Reply with quote

I really hope you don't accept this teaching job. The conditions are horrible and I'm pretty sure this is for a kindergarten right? You will be working 12 hour or more shifts if you work at this school since the finishing time is not defined and open to interpretation by the employer.

They are going to want you to prepare their yearly talent show, which means long hours and lots of time making materials and preparing for that show. The kindergarten I worked at before made the Korean teachers work 12 to 16 hours a day 7 days a week for about 3 months to prepare for that. Also, the part about the classes being scheduled to the employer's needs means there will be no order to your classes. The times of your classes will flip-flop without your knowledge.

Don't do it there are better offers than that out there.
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CentralCali



Joined: 17 May 2007

PostPosted: Sat Jun 08, 2013 12:12 am    Post subject: Re: Employment Contract Reply with quote

wanderlustingone wrote:
Employment Contract

EMPLOYEE

1. Employee�s name

1. Name of the school

2. Address

Hereafter to be referred to as the

Hereafter to be referred to as the

Employee.


Well, at least they're calling you an employee. If you do take the job, follow through at the Tax Office to ensure the boss didn't all of a sudden decide you're not actually an employee but rather are an independent contractor.

Quote:
The parties agree as follows:

1. TERM OF CONTRACT
This contract will be valid for a period of 12months beginning


This is far too ambiguous. It should state "beginning the date of arrival in South Korea" or words to that effect.

Quote:
2. CONDITIONS OF EMPLOYMENT

a) The Employee will act in an appropriately professional manner and be responsible for conducting professional English Language classes. During the term of this agreement, the employee is required to prepare to teach, and carry out all required administrative duties connected with classes assigned by the employer such as lesson preparations, student evaluations, teacher meetings, workshops, events such as a Halloween party and must arrive in the office at the mandatory arrival time.


Boilerplate stuff.

Quote:
b) The employee will be required to work for regularly scheduled hours from Monday to Friday,


What exactly are the regularly-scheduled hours?

Quote:
Employees are expected to spend 45 hours per week in the office, including up to 30 hours of teaching time, with the remainder of the time used for preparation.


Screw that noise. Standard work week is eight hours a day, 40 hours a week. If the boss wants you there for extra time, cough up overtime.

Quote:
If teaching hours exceed 30 hours per week, the employee will be paid overtime based on the additional teaching hours.


It'd be nice to see the overtime rate.

q[uote]Business hours start at 10:00 a.m. and ending time is
lexible but work will finish before 7:30p.m.[/quote]

In other words: 10:00 a.m. to 7:30 p.m., five days a week.

Quote:
Employee will be required to arrive 15 minutes before the start of their first class and prepare for lessons according to the employer�s academic standards.


Oops. In other words: 09:45 a.m. to 7:30 p.m., five days a week.

Quote:
Failure to abide the mandatory preparation and arrival time can result in verbal or written warnings being issued to the employee. During the term of this agreement, employee may be required to attend and participate in non-teaching events
& functions that may occasionally be scheduled on Saturdays, The time used in nonteaching events & functions is considered to be part of your standard responsibilities as a salaried employee, and is not regarded as overtime.


Too ambiguous. How many and how long are these "non-teaching events & functions"?

Quote:
c) Classes and teaching hours are scheduled at the institute�s sole discretion.


Boilerplate stuff.

Quote:
d) The employee is required to go through an orientation and training program before starting Employment.


Horse apples. If they want you to "go through and orientation and training program" before you start actually teaching classes, fine and dandy. But that should be at full pay. Your employment begins the date you enter Korea on the visa connected with this job. The boss represented to his government that you are an employee and that your employment begins the date you enter on the E-2 visa.

Now, if you're on another kind of visa, then it's purely up to you if you want to work for free/reduced pay. I still think that's a silly choice.

Quote:
e) Payment made for assigned teaching hours is inclusive of payment for preparation and administrative duties, which includes: preparing evaluations, attending meetings and workshops scheduled by employer.


What kind of meetings and are these meetings held during working hours? What kind and how many workshops?

Quote:
3. SERVICES PROVIDED BY THE EMPLOYER
a) PAYMENT & TAX
The Employer will pay a monthly salary of 2.1 million won for regularly scheduled hours as previously detailed. (Payment of salary commences from the first day of teaching.)


More horse apples. Payment of salary commences from the date of entry into South Korea on the visa connected with this job, unless, of course, you're on a different kind of visa.

Quote:
b) The Employer may ask the Employee to work over time, and if the Employee chooses to do overtime, the Employer will pay for the overtime at the rate of 20,000 won per hour. Workshops, teachers training sessions or similar events scheduled by the school are part of the regular responsibilities of the employee, and are not treated as overtime.


Boilerplate stuff.

Quote:
c) The employee salary will be paid on the 10


I'm assuming you meant the 10th of the month following the month for which the pay was earned. I completely disagree with this. It is incredibly easy for the employer to compute your pay to the last day of the month and actually pay you on the last day of the month for which the pay was earned or to pay you on the last working day of that month. There is simply no excuse to hold your pay.

Quote:
d) In accordance with Korean law, all employee�s tax liability, including payment into the national pension fund, will be deducted from the employee�s salary. The income tax will be deducted from the severance payment at the time of completion of the contract period of each month. The employer will pay an equal amount into the pension fund in the employee�s name, as a benefit to the employee.
National Pension Tax Compliance: Under current Korean tax regulations/tax treaty with the respective countries full time contracted employees holding passports from the United States, Canada and other qualified nations shall be paid the accumulated pension tax payment directly from the Korean National Pension Tax Office, upon leaving Korea (http;//www.npc.or.kr/ Click English link). Employees who do not qualify for the refund should inquire with their country�s tax office regarding the tax treaty bylaws with Korea and means of receiving reimbursement or credit for paying into the Korean pension


Boilerplate stuff.

Quote:
e) When an employee is absent from scheduled teaching duties salary will be deducted accordingly. However, the employee is entitled to a maximum of two paid days of sick leave if medical condition is verified by doctor�s note.


Two days and you need a freaking note to get that? The boss is a veritable saint!

Quote:
4. HOUSING
a) The employer will provide the employee a furnished Single housing unit and the housing will be provided at no cost to the employee with the exception of maintenance and phone bills.

b) As a housing security deposit, employees who receive accommodation by employer agree to a deduction of 100,000 Won per month for the first three months of employment totaling 300,000 Won. This deposit is to cover any unpaid monthly service, utility, and damages at the completion of this contract or resignation/dismissal of the employee before the termination of this contract. Employer agrees that payment of remaining amounts of the deposit will be made to employee within ten days after all outstanding monthly service and utility charges have been paid and accounted for without any remaining balances. Employer shall return the full amount of this deposit at the same time as the last salary & severance payment which shall be made within two days of the last teaching day


Change "within ten days" to "immediately upon completion."

Quote:
The employer shall provide a round airplane ticket. In the event that INSTRUCTOR leaves the employer before completion of his/her contract, employer is not responsible for the return airfare. If INSTRUCTOR willfully leaves the employer before 6 months, INSTRUCTOR must payback the initial airfare and employer may deduct the said airfare from Instructor�s last pay.


Boilerplate stuff.

Quote:
6. CONTRACT COMPLETION BONUS/SEVERANCE PAY

Upon completion of this contract, the employer will pay one month�s salary as a severance payment to the employee.


Actually, that should say, "Will pay severance payment as computed by law." It sort of is one month's pay, but that's not realy how it's computed. You will either get one month's pay if you didn't do any overtime.

Quote:
7. VACATION
a) The employee may have 10-working days as paid vacation per year, which will be organized by the institute. (days in which the employee does not regularly work i.e., Saturdays, Sundays and are not to be considered as part of the vacation period)


May have? More horse apples.

Quote:
b) Employee�s paid sick leave during the Term of employment shall not exceed 2 calendar days. (a doctor�s invoice with the diagnosis and prognosis is required to be paid for sick days.)


It's none of their freaking business why the doctor issues a note. All they need to know is that the doctor is treating you and issued a note stating that you are unable to work for such and such a period.

Quote:
Classes missed for non-medical reasons or unverifiable medical condition will result in prorated deduction from employee�s monthly salary.


Well, I don't particularly like the wording ("Unverifiable medical condition"? Again, not their business.) Other than that, yeah, missing classes for the sheer fun of it should have that impact on your pay.

Quote:
8. RENEWAL & TERMINATION OF CONTRACT

The employee must give the employer a written 60-day notice before renewal or non-renewal of the employee�s current contract.

b) Both the employer and the employee reserve the option to renew the contract.


60 days notice for renewal sounds reasonable.

Quote:
c) TERMINATION OF CONTRACT

Both parties will give at least a written 60-day notice prior to the termination date of the contract.


The law says you don't have to give any notice at all prior to quitting. The law also says the boss has to give you 30 days notice. But, as the contract says 60 days, then they have to give yu 60 days. You, on the other hand, do not have to give any notice at all. Now, if you want to renew, of course, the 60 day requirement in the contract prevails.

Quote:
d) The employer retains the right to terminate the contract immediately if:

l The employee is unable to discharge the responsibilities or meet the conditions, as, for example, being late for class on a continued basis, repeated failure to keep regularly scheduled class hours, and repeated absences from classes without a valid reason.

l The employee teaches a private class outside of the school .

l The employee participates in any type of criminal activity of corruption of public morals which violates the laws of the Republic of South Korea. If, for any reason, the contract is terminated before the full completion of the contract period; The employee will not qualify for benefits such as severance pay and airfare.


Reasonable.

Quote:
The employee will be wholly responsible for any/maintenance and phone bills remaining for the duration of their housing lease.


Horse apples. If you get canned six months into the contract, you're supposed to continue to pay six months maintenance fees on an apartment you didn't rent and you're not living in? Absolutely wrong.

Quote:
Within 14-days the employee is required to sign a notice of termination and accompany the employer to the Korean Immigration office to notify the Korean Immigration office of the termination.


I think this is old stuff, but am not sure. ttom can clarify.

Quote:
9. MEDICAL INSURANCE
Employee will be covered by medical benefits under the Korean Medical Insurance Union (http;//www.nhic.or.kr/ click English link) a Government Health Organization. The cost of this coverage will be borne half by employer and half by employee. Employee�s share of this coverage will be deducted from employee�s monthly salary.


Make sure you check with the National Health Office to ensure your employer did enroll you in the insurance program, that you were enrolled effective the date of your arrival in South Korea, and that your payments into the insurance program match how much actually is deducted from your salary for that purpose.

Quote:
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 cost which are in excess of those covered by medical insurance.


Hey, that's the first time I've seen that. Seems fair enough.

Quote:
11. MEDICAL CHECKUP
The employee should get a medical checkup in Korea and pay the fee.

12. GOVERNING LAW & JURISDICTION

a) This contract is governed by the law of the Republic of Korea.

b) This contract is made final and firm unless any material modification or amendment to this contract is executed with the full knowledge and consent of the undersigned and incorporated into this contract. In witness thereof, we have affixed our signatures hereon.

EMPLOYEE

Signature


Don't sign a change to the contract, unless, of course, it means an increase in salary during the course of the current contract.

Quote:
Thank you!


You're welcome. My advice is don't even sign this contract.
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CentralCali



Joined: 17 May 2007

PostPosted: Sat Jun 08, 2013 12:19 am    Post subject: Reply with quote

byrddogs wrote:
By the looks of that, it seems that not only have salaries stagnated, but overall conditions have actually gotten worse for some hagwon jobs.


Staggered. (I know; autocorrect is a harsh mistress. Kind of makes me wonder what kind of drugs the people who programmed the thing were on at the time they programmed it.)

Anyway, when I see a contract like that, my first thought is, "I wonder why the previous foreign teacher bolted?"

Quote:
That is a pretty poor offer. 45 hours on site with 30 teaching hours and possible extra duties on weekends that aren't paid as overtime is just plain bad. I could go on and on about why this offer stinks.


I think I covered all the reasons that offer stinks. Did I miss anything?
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byrddogs



Joined: 19 Jun 2009
Location: Shanghai

PostPosted: Sat Jun 08, 2013 1:55 am    Post subject: Reply with quote

CentralCali wrote:
byrddogs wrote:
By the looks of that, it seems that not only have salaries stagnated, but overall conditions have actually gotten worse for some hagwon jobs.


Staggered. (I know; autocorrect is a harsh mistress. Kind of makes me wonder what kind of drugs the people who programmed the thing were on at the time they programmed it.)

Anyway, when I see a contract like that, my first thought is, "I wonder why the previous foreign teacher bolted?"

Quote:
That is a pretty poor offer. 45 hours on site with 30 teaching hours and possible extra duties on weekends that aren't paid as overtime is just plain bad. I could go on and on about why this offer stinks.


I think I covered all the reasons that offer stinks. Did I miss anything?


You did a commendable job in covering the reasons why that offer is a stinking pile of poo.

I stand by my use of stagnated. It's a word that I pulled out of my arse, but I think it applies. Laughing
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CentralCali



Joined: 17 May 2007

PostPosted: Sat Jun 08, 2013 2:12 am    Post subject: Reply with quote

byrddogs wrote:
You did a commendable job in covering the reasons why that offer is a stinking pile of poo.


Thanks.

Quote:
I stand by my use of stagnated. It's a word that I pulled out of my arse, but I think it applies. Laughing


Hah! Thanks, again. I needed a good laugh.
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