Korean Job Discussion Forums

[heatherchu]

I have been sent 2 contracts to look over for 2 different job offers at hagwons. I do not have a degree in English or teaching and this would be my first year in teaching in Korea. Both contracts are not offering airfare and the second I know needs to include information about housing before I sign. I would like opinions on both contracts please, (does the pay/everything look decent, etc.) any help is appreciated. I feel like the first one might not be that great and I'm not very keen on the hours for the second so I am not 100% sure I am interested in either job... but just in case, here they are:

#1


Employment agreement (go-yonge-gyae-yak-so)

This document describes a contractual agreement between _____ Language Institute (hereafter "Employer") and a native English speaker, listed below (hereafter "Employee"), who agrees to teach for a period of time for SISA Language Institute.

WITNESS

Whereas, INSTITUTION and INSTRUCTOR find it appropriate to enter into this Agreement under the terms of conditions set forth below:

ARTICLE 1 - DEFINITIONS

As used in this Agreement, each of the following terms shall have the meaning attributed to it below:

INSTRUCTOR shall mean the English teacher recruited for the sole purpose of providing instructions in the Republic of Korea for the benefit of INSTITUTION.

ARTICLE 2 - APPOINTMENT AND ACCEPTANCE OF SERVICE:

INSTRUCTOR hereby agrees to teach English for INSTITUTION and
INSTITUTION agrees to compensate INSTRUCTOR for each month of instruction.

ARTICLE 3 - TERMS:

The term of this agreement shall include 12 full and consecutive teaching sessions with scheduled vacations and holidays which fall between or during teaching sessions. The total agreement term is approximately 1 year, commencing from the first day of teaching and finishing on the last teaching session of the Employee's last teaching day.

ARTICLE 3 - COMPENSATION AND OTHER TREATMENT OF EMPLOYM
1, Housing: Employer will select and provide furnished living accommodations for the Employee. The accommodations may be in a single, two, or three-bedroom apartment or house (apartments and houses may be shared by two or three employees). Furnishings provided by Employer include a bed, kitchen table and chairs, two-burner gas hot plate, refrigerator, wardrobe, telephone, and washing machine. Selection of such and apartment will be made by Employer. The cost of monthly service, utility, and telephone charges for the accommodations provided will be shared by employees. Further, within the employee’s first 3months, a damage deposit of 600,000 won will be deducted from the employee’s salary (200,000 per month over 3 months). If accommodation is shared, the cost of damage deposit will be split equally between the employees. This will ensure that any apartment damages, outstanding utilities, or cleaning fees are covered upon the completion of the contract and will be returned in full if all is satisfactory.


2.1. Salary
Salary is commensurate with both the ability and experience of INSTRUCTOR.

A monthly salary of 2,000,000 Won will be paid for classes less than or equal to 120 hours per month. (120 hours x 60min=7200min. 7200min/50min(ecc class)=144classes Monthly salary calculation is based solely on classes taught and does not include orientation, teacher meetings, and daily class preparation).
Any additional classes taught (overtime) will be paid 15,000 Won per class.
2.2 Severance Payment: Upon completion of at least one full year of employment,the employee will be given,exclusive of monthly salary payments,an additional one month salary(2,000,000Won).Severance tax will be withheld. In the event that the Employee does not renew or extend employment under subsequent agreement with Employer, this payment will be made at the time of the completion of the contract period.
Completion of the initial pay period will commence from the first day of teaching. Payment for part of a month of employment will be prorated based on the number of classes taught. Monthly salary payments will be made on or before the seventh day of the month following the month in which employment services were provided. Any errors in compensation shall be reported to all parties affected within a week. The Employee will be responsible for Korean taxes. Income tax will be deducted from the salary according to the Korean tax law (Currently 3,3 to 4%).

Medical Insurance: Will be provided to the INSTRUCTOR. Premium will be divided equally between INSTITUTION and INSTRUCTOR. INSTRUCTOR must fill out a "Health History Form" prior to employment. Any expenses incurred by existing conditions shall not be the responsibility of INSTITUTION. Will be guaranteed to cover your medical expenses which includes being injured inside and outside of ECC. Also your health insurance coverage consists of eye, dental, and pharmacy. There is Co-pay with each doctor visit of an average 3000won.

3,1 Holidays: INSTRUCTOR will observe holidays as scheduled by Employer and will be concurrent with the INSTITUTE's scheduled term breaks. These holidays will be session vacations that are marked on ECC calendar, and will be in addition to the Korean statutory holidays observed.. Neither statutory holidays or INSTRUCTOR's holidays will be considered when calculating overtime for a given month.

3,2 Emergency Leave: INSTRUCTOR is permitted 5 days of paid emergency leave. This is permitted only under extreme and unusual circumstances. Extreme and unusual circumstances include, but are not limited to, death or serious illness of self or immediate family member. Upon presentation of proper notice and proof to the INSTITUTION.

3,3 Sick Leave: INSTRUCTOR may take up to 3 days of paid sick leaves per contract years. Unused sick leaves or paid emergency leave days may not be taken as vacation days. When INSTRUCTOR is unable to attend class due to illness, INSTRUCTOR shall notify INSTITUTION with an accompanying proof of illness from a physician within 2 days after his/her absence. If INSTRUCTOR fails to notify INSTITUTION with the proper proof of illness, INSTITUTION has the right to deduct one day's pay (W2,000,000/30) for every day the INSTRUCTOR is absent from work.

ARTICLE 3 - DUTIES AND RESPONSIBILITIES OF INSTRUCTOR

During the term of the Agreement, INSTRUCTOR shall accept, obey and strictly comply with the instructions, supervision, training and discipline of the Academic Director of the INSTITUTION. These duties shall include English instruction in all phases of the INSTITUTION's program, administrative duties related to the INSTRUCTOR's classroom duties, attendance at scheduled staff meetings, workshops, and school sponsored outings, and any other academic duties as may be assigned by the Academic Director. It will depend on the school situation at time and you might teach kinder garten students as well as elementary and middle school students.
INSTRUCTOR will direct and guide the students in conversational English. All the teaching materials will be provided to INSTRUCTOR. INSTRUCTOR may be assisted by a Korean English Instructor.
INSTRUCTOR is expected to dress in a semi-formal or tidy/casual manner. No short pants, t-shirts, sweat pants or shirts, baggy or torn jeans, etc. The INSTITUTION reserves the right to advise the INSTRUCTOR on culturally appropriate and acceptable attire.
INSTRUCTOR shall not be permitted to work outside the INSTITUTION without prior written permission from Academic Director. Teaching for pay without the sponsorship of the INSTITUTE is illegal in Korea and is contrary to this Employment Agreement; violation of this rule may lead to immediate dismissal.
Employees will have to be at school 1hr before their first class starts.

ARTICLE 4- DISMISSAL/RELEASE FROM CONTRACT

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 be afforded an appropriate period on which to remedy the same.

This Agreement can be terminated immediately by the Institute if there is sufficient evidence that the Employee has defa.ulted on the obligations as specified in this agreement and there is manifest inability to perform Employee's duties under this agreement.

Criminal or other conduct inside or outside the INSTITUTION that would in the opinion of the INSTITUTION seriously jeopardize any person or the reputation of the INSTITUTION, its students, or its staff, will be a cause for immediate dismissal and no warning time nor time for remedy will by allotted.

Both parties have the right to make the contract null and void under one of the following circumstances:

The health of the INSTRUCTOR is such that it is deemed impossible for the INSTRUCTOR to continue.

Blatant misconduct by the INSTRUCTOR.

INSTRUCTOR or dependants violate Korean law.

In the event of war, civil strike, or other disturbances or matter that are deemed by either .the INSTRUCTOR's government or Korean governments as being unusual and of adequate reason for leaving the country, provided that official documents from respective embassies are presented.

5. In case of termination of contract by the employee before the completion of this one-year service by the INSTRUCTOR (except for unavoidable reasons such as the INSTRUCTOR's serious illness or accident) the INSTRUCTOR is to return to the INSTITUTE thus incurred one month's salary. The INSTITUTE reserves the right to deduct this amount from any outstanding pay in order to satisfy this penalty.

ARTICLE 5 - COUNTERPARTS

Any controversy between the parties involving the construction or application of any of the term, provision, or conditions of this Agreement, shall, on the written request of either party served on the other, be submitted to arbitration governed by Korean law. The cost of such arbitration, including attorney's fees, shall be borne by the losing party or in such proportion as the arbitrator shall decide.

This Agreement may be amended only by an instrument in writing which expressly refers to this Agreement and specifically states that it is intended to amend it.

This Agreement may be executed in the one or more counterpart, each of which will be considered an original for all purposes hereof.

Matters not explicitly stated in this EMPLOYMENT AGREEMENT shall be determined by taking the INSTRUCTOR'S and the INSTITUTION's concerns into consideration.

_____________________________ ______________________________
Employer Employee


Date
Date.






#2

EMPLOYMENT AGREEMENT

This EMPLOYMENT AGREEMENT has been made this October 13, 2012 between ____ English Academy, (hereinafter referred to as the "Employer") and _________ , a citizen of USA , whose passport number is _______________ (hereinafter refer to as "Teacher") under the terms and conditions set forth below.
Both parties agree on the following terms and conditions:

CLAUSE I (APPOINTMENT)
1.The Employer agrees to employ the Teacher during the period stipulated herein.
2.The Teacher agrees to accept the employment and will work in his/her full capacity for the school.

CLAUSE II (PERIOD OF EMPLOYMENT)
1. The Teacher will be employed by the Institute from the following dates.
From: October 10 , 2013
To : October 09 , 2014
The period of employment under this contract will last for one calendar year from
the date of the Instructor's first day of work for the School, unless other written
contractual agreements have been entered into to amend this time period.

CLAUSE III (THE EMPLOYER'S RESPONSIBILITIES)
1.The Employer and Teacher are equal individuals working together to provide quality English instruction under the terms stated in this contract.
2.The Employer will honor the terms and conditions of employment for the Teacher as stated within this contract.
3.The Employer will guarantee the Teacher a monthly salary of 2,200,000 won in consideration of the Teacher's teaching hours.

CLAUSE IV (THE TEACHER'S RESPONSIBILITIES AND DUTIES)
1.During the terms of this Agreement, the Teacher must cooperate and comply with the instructions and disciplines of the school. He/she must carry out assignments as directed by the Employer. The Supervisor will be responsible for establishing and communicating the Standards of Performance as related to the duties stated in this contract.
2.The Teacher must have adequately prepared for the classes in advance.
3.The Teacher's work will include the following:
3.1 Teaching of English language
3.2 Development of educational programs and materials
3.3 Curriculum design and implementation
3.4 Indoor and outdoor classroom activities for/with students
3.5 Grading and assessment of students
3.6 Student counseling or evaluation
3.7 Attending Teachers' meetings, sports day, graduation ceremony, and parents' meetings
3.8 Other related activities

CLAUSE V (SALARY AND OVERTIME RATE)
1.The Employer agrees to pay the Teacher a monthly salary of 2,200,000 won.
2.The payment of the salary is to be made on the 12th of the following month.
3.The payment for overtime will be 25,000won per each teaching hour (1 teaching hour = 60 minutes). Attendance at scheduled staff meetings and workshops is mandatory and is not considered overtime.
4.When Employee has not worked a full month, salary for that month shall be paid on a pro rata basis either from the first day or until the last day of work.
   5. If Employee should be absent from work without having obtained a prior approval, Employee's salary for that month shall be lessened by the amount calculated on a pro rata basis for the number of unauthorized absent days.

CLAUSE VI (SEVERANCE PAY)
1. Severance pay, 2.2 Million Korean Won, will be provided to the Teacher upon completion of a one year contract.
2. When the teacher leave school that must say to school 2 months before. It won’t be like this that no severance pay.

  
CLAUSE VII (WORKING HOURS)
1.During the term of this Agreement, the Teacher should work in cooperation with the Supervisor from Monday through Friday.
 2.Employee shall work between the hours of 1:00PM to 9:00 PM for five (5) calendar days per week from Monday to Friday and shall not work on Saturdays, Sundays, or any national holidays of the Republic of Korea.
3.One teaching class shall be 25minutes or 50minutes. It shall be changeable based on curriculum

CLAUSE VIII (TAXES)
Korean income tax will be deducted from the salary according to the Korean tax law(currently 3.3 %).

CLAUSE IX (MEDICAL INSURANCE)
The insurance 50% will be paid monthly by the Employer.
But if teacher does not want to get it, school will agree it under mutual trust.

CLAUSE X (VACATION & HOLIDAYS)
All Korean holidays with 5 days of summer holidays and 5 days of winter holidays (excluding weekends) will be organized by the Institute.

CLAUSE XI (SICK DAYS)
1.The instructor shall not be absent without notice in any case. Being absent without notice will constitute a valid reason for the institute to dismiss the instructor at any time during the contract period.
2.Being late for classes three times a month will be regarded as one absence without notice.
3.Teachers should present a doctor's note when absent due to sickness.
4.In the even that Teachers who have used the allotted three sick days require further absences from classes for any reason (excluding emergency leave), 20,000 won per forty minute class shall be deducted from their salary.

CLAUSE XII (DISMISSAL OR VOLUNTARY RESIGNATION)
1.The Employer reserves the right to dismiss the Teacher from employment for the following causes:
2.Neglect or inability to perform his/her duties stipulated in this agreement
3.Frequent absences from work
3.1Receiving two warning letters
3.2Criminal behavior or misconduct
3.In the event the Teacher resigns from employment, he/she can do so by giving forty (40) working days notice to the Employer.
4.In case of either dismissal or resignation before completing the contract term, the Teacher will NOT receive one-month salary of 2,200,000 won as a severance payment in accordance with Korean Labor Laws.

CLAUSE XIII (GOVERNING LAW & JURISDICTION)
1.This Agreement is governed by the laws of the Republic of Korea.
2.This Agreement is made final and firm unless any material modification or amendment to this Agreement is executed with the full knowledge and consent of the undersigned and the incorporated into this Agreement.

In witness thereof, we have affixed our signatures hereon.




________________________ ________________________
Employer Teacher



_____________________ ________________________
Date Date

[ttompatz]

THE CONTRACT REVIEW THREAD: Post yours here for a review
http://forums.eslcafe.com/korea/viewtopic.php?t=197658&start=1845

Click the button that says, "post reply" and NOT the one that says, "new topic".

Or even better yet, just scroll through a few dozen pages of the thread. This contract has been reviewed a couple of dozen times.

And 144 classes per month just plain sucks. How desperate are you?

.

[heatherchu]