Korean Job Discussion Forums

[VelindaKate]

Thanks for any advice!

FIRST YEAR EMPLOYMENT AGREEMENT FOR...

This EMPLOYMENT has been made this between... (hereinafter referred to as "employer"); and ...who is the U.S citizen whose domicile is ....
. (hereinafter referred to as "employee").
Employer and employee, in consideration of the mutual promises and covenants contained hereinafter, agree as follow:

1. Employment of employee: Employee hereby accepts employment from employer to teach the English language in the form and manner and under the terms and conditions set forth here in this agreement.

2. Place of Employment : Employee will be employed to teach the English language at the address of the principal office as above (hereinafter referred to as "place of employment").

3. Term of Agreement

3.1 The "term of this agreement' shall include twelve (12) full and consecutive
teaching session, and all scheduled vacations and holidays which fall between or during sessions. The total term of this agreement is one year, commencing from the first day of teaching ( , 2013 ) and finishing on the last teaching day of employee's twelfth teaching sessions. ( , 2014 )

3.2 Periods of employment of employee beyond that covered by this agreement must be agreed to by the term of this agreement.

4. Duties

4.1 During the term of this agreement, the employee will be required to prepare for, teach and carry out all required administrative duties connected with classes assigned by the employer. Employee may be asked to contribute to the development of teaching and other .... related materials: (i.e. monthly plans, monthly curriculum, evaluations, weekly meetings and so on).

4.2 The minimum teaching requirement shall be 120 hours (1 class = 50 minutes) per month. Monday through Friday are teaching days except for scheduled public holidays and vacation days. There is no teaching on Sundays.
Employee must arrive to work at least an hour before he/she is scheduled to start in order to prepare. This is a requirement for all our teachers - preparation time is not paid for.

4.3 The employer will have the authority to require employee to perform any classroom duties in excess of the minimum teaching requirement(such excess hereinafter called " overtime" , but the employer will not have the authority to require employee to teach more than 120 hours each month, unless employee consents thereto. Only teaching periods in excess of the minimum teaching requirement and approved by the employer are considered overtime. Employee will be paid at the rate of 20,000 Won for each teaching period of overtime. One overtime teaching period corresponds to 50 minutes.

5. Compensation and other Treatment of Employee

5.1 Transportation: Employer will provide for employee a one-way economy class ticket from a major airport in the employee's home country to Korea. When the term of this agreement has expired ( a period of not less than 1 year from commencement of employment ), employer will provide the employee with a one-way ticket to a major airport in the employee's home country from Korea. If the Employer needs to send the Employee to another country for obtaining the appropriate work visa, the Employer will cover 50% of the costs of a round-trip airfare to that country as well as hotel costs for a night in that country. Other expenses will be covered by the employee.

5.1.1 The Employee's economy airfare to Korea via the most direct route from outside Korea to the nearest airport nearest the place of employment will be paid in full by the Employer.
5.1.2 In the event that the Employee has paid for the said economy ticket, the Employer will reimburse in full to the Employee after three months after arrival in Korea.
5.1.3 In the event that the Employee completes the contract as stipulated in Article 3.1 hereof, the Employer must pay to the Employee no later than 3 days prior to the end of the contract, the return economy airfare to the point of hire outside of Korea upon proof of said ticket purchase.
5.2 Salary: Employer will pay employee as compensation for all services rendered a monthly salary of ( 2,100,000) Korean Won for each month of the contract period with employer. Salary will commence from the first day of teaching. Payment for part of a month of employment will be calculated on the number of days employed. Payment of a foresaid salaries will be made in Won. Monthly salary payments will be made on or before the 15th day of the month following the month.
5.3 Severance Payment: Dependent upon completion of the full contract period, the
employee will be given an additional regular monthly salary payment . Korean severance tax will be withheld. In the event that the employee does not renew or extend employment under a subsequent employment agreement with employer, this payment will be made at the time of completion of the contract period.

5.4 Holidays and Vacation: Employee will be entitled to observe public holidays and receive 9 days of paid vacation guaranteed, but possibly 9-10 days of paid vacation, depending on the yearly calendar. The vacation days may be six days in summer and three to four days in winter during the contract time
( including Saturday and Sunday), according to a yearly schedule. Public holidays and vacations can only be taken as scheduled.
5.5 Absence from Duties: Salary is not maintained when employee is absent from teaching duties. In the event that employee is absent from duties for whatever reason, monthly salary will be reduced according to the length of the absence. Reductions will be based on basic salary rate.

5.6 Medical Insurance & National Pension: 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 the present 3% ; A like amount contributed employer. Employer shall provide Employee with a National Pension Scheme. Employee and Employer shall contribute fifty (50) percent each of premiums and fees.


5.7 Housing

5.7.1 Employer will provide living accommodation for employee. This living accommodation will consist of one of the following: (1) a single fully furnished apartment, for unmarried employees, or (2) a fully furnished two-bedroom apartment for married employee couples or employees willing to share accommodation. Rent fees for this accommodation will be paid for by the Employer. Monthly utility fees, such as electricity, cable, gas, telephone and so on, will be paid for by the Employee.

6. Dismissal or Voluntary Resignation

6.1 Employer will have the right to dismiss employee for unwillingness or inability to meet conditions of employment as set out under this agreement, including neglect of duties. Prior to any such dismissal, employee will be warned of dissatisfaction with performance or conduct and will afforded a period of one (1) month in which to remedy the same. If after this period of time the employee has been unable to improve performance or conduct to a satisfactory level, employer will have the right under this agreement to execute dismissal of the employee.

6.2 Employer will have the right to dismiss for conduct seriously jeopardizing any student or staff person, or for criminal activity. In such instances, employer has the right under this agreement to execute immediate dismissal and no warning nor time for remedy need be allotted.

6.3 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 be obligated to pay all salary due to date of termination. Employer will have no duty and will not be obligated to pay the cost of return transportation to point of departure for employee, nor will employer be obligated to pay any severance pay. Furthermore 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 if the Employee has worked at place of employment for less than a period of three (3) months.

6.4 In the event that the Employee is dismissed or voluntary resigns the Employer agrees to provide the Employee a Letter of Release and inform Immigration that the said Employee may commence work with another Employer forthwith, if the said Employee is in employment at least 9 months.

7. Covenants
7.1 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. Failure to comply with this article is cause for immediate dismissal.
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
_________________________ ___________________________

[Skippy]

Bad Newbie. Please post this in the Contract Review thread. It is a sticky thread.

[schwa]

I think she tried & means well. Velinda, instead of "new post," you need to submit with "reply" to an existing thread.

[CentralCali]

[VelindaKate]

Terribly Sorry Guys! I thought I was posting to the right place! Thanks for baring with me!

I appreciate all your help in identifying all the red flags in this contract!
You guys are awesome!

[ontheway]

[thegadfly]

[VelindaKate]

Wow!! Seems like taking this job could be quite a pitfall! BIG THANKS for saving me from what could be a serious plight of misfortune! Y'all are my HEROS!!

Now to politely decline... awkward but necessary!

[thegadfly]