Korean Job Discussion Forums

[SharpenKorea]

Here is my contract, please let me know what you guys think and if I should take the job. Thanks!!


Employment Contract
The Employee is hereby hired by the Employer, and both parties agree to the following terms and conditions:
1. Period of Employment
a. The Employee will be contracted by the Employer for the period of one year (12 continuous months). There will be a mandatory two (2) week training period that must be completed before the start of the teaching contract. This is over and above the one year period stated above. The contract period starts on and ends on .
b. The term of this agreement except the orientation and training period, twelve (12) full and consecutive teaching sessions, and all scheduled vacations and holidays that fall between or during the teaching sessions.
2. Duties of the Employee
The Employee’s primary duties consist of the following:
a. Conduct ESL classes with students, whose ages begin at 6 months of age, in all levels of the Institutes programs.
b. Design and implement course curriculum and syllabus.
c. Develop educational programs and materials.
d. Organize and attend out-of-class activities with/for students, including field trips.
e. Grade and evaluate students (eg. Monthly tests, Progress Reports, etc.)
f. Attend teacher’s meetings, workshops and seminars as required.
g. Complete a lesson plan for each class and submit to the Supervisor on a daily basis.
h. Attend English Contests, Play Presentations, Graduation Ceremonies, and related activities (eg. rehearsals, etc.)
i. Dress Code
i. Male teachers are required to wear a white shirt with collar, tie, suit pants or khakis
ii. Female teachers are required to wear a light coloured blouse, skirt, pants or khakis.
iii. On Activity Day’s at the end of each month, the Employee(s) are permitted to wear casual dress.
iv. The school will provide nametags for each teacher to wear, which will be a part of the dress code.
j. Regarding the morning classes, the Employee is required to arrive at the Institute a half (½) hour before the class for preparation. Regarding the afternoon classes, the Employee is required to arrive at the Institute at least two (2) hours, prior to the start of class, for class preparation.
It is understood and accepted by the Employee that his/her salary encompasses all duties outlined above.
3. Conditions of Employment
a. During the term of this Contract, the Employee shall accept, obey, and strictly comply with the instructions, supervision, training and direction of the Principal and the Academic Supervisor. This includes following all lesson plans and curriculum as directed by the Academic Supervisor. The Employee shall fulfil the duties assigned by the Principal or the Academic Supervisor, which are outlined in SECTION 2.
b. Additional non-teaching duties, when necessary, are assigned by the Academic Supervisor.
c. At all times during the term of this Contract, the Employee shall directly adhere to and obey all the rules and regulations that have been established for the professional conduct of instructors at the Place of Employment. This includes, but is not limited to, being ready to start teaching at the beginning of each class; behaving in a professional manner at all time and never mistreating the students in any way. The definitions of both professional behaviour and mistreatment of students are established by the Employer.
d. The Employee shall strictly adhere to and obey all laws, regulations and instructions from the Government of Korea and/or any local government or officials thereof.
e. The Employee will not conduct classes while under the influence of alcohol or illegal drugs, nor will he/she smoke in the classroom or leave the class to smoke.
f. The Employee will not make sexual/inappropriate advances of any kind towards or have a sexual relationship with students or other Employees.
g. The Employee will not conduct private classes or accept funds other than the salary discussed in this Employment Contract.
h. The Employee understands that he/she can, at any time, be observed teaching class by the Principal or the Academic Supervisor.
i. The Employee agrees and understands that he/she will only discuss the details of this contract with the Employer.
4. Working Hours
During the term of this Contract, the Employee will be required to perform work assigned by the Academic Supervisor, each week, from Monday to Friday. However, there will be (on occasion) events, workshops, training, teacher’s meetings held on Saturday’s (once a month). The Employee is required to participate in any and all of these events.
5. Salary and Overtime
A monthly salary of 2.15 million won will be guaranteed for 110 teaching hours per monthly session (1 hour = 60 minutes), and completion of non-teaching duties outlined in Section 3.
This salary will be paid on the tenth (10) day of the following month, except for the Employee’s final month of work. In which case, he/she will be paid on the final day of work. Each teaching hour in excess of the above stated teaching hours is considered as overtime (overtime pay = 19,500won/60min).
It is understood and accepted by the Employee that the salary paid to the Employee covers all duties listed in Section 3. Only teaching hours completed in excess of the hours stipulated above will be paid as overtime.
It is understood that the cost of accommodations, which the Employer pays, on behalf of the Employee, will be listed as part of the gross payment on the monthly pay statement.
6. Tax
Business Income withholding tax (3%) and Resident tax (0.3 %) will be removed from the gross payment made monthly to the Employee according to Korean tax law.
7. Severance Payment
Dependent upon completion of the Period of Employment (12 continuous months), the Employee will receive a severance payment of one (1) month’s salary. Severance payment is given on the Employee’s final day of work. It is understood that this severance payment is subject to tax under Korean law.
8. Discipline
a. The Employer will have the right to terminate the contract with Employee for clear and frequent neglect of duties outlined in this contract. This includes, but is not limited to absences (no more than 1) from the place of employment without the approval of the Academic Supervisor; for being late to class (no more than 2 times); for an inability to perform the duties or meet the conditions stated in this contract; for a blatant disregard for the instruction, direction or discipline of the Principal or Academic Supervisor. In the event that complaints have been filed due to lack of proper teaching, rules are available at the Employee’s request.
Prior to any such termination, and when applicable, the Employee will receive a written warning of the Employer’s dissatisfaction with him/her. The Employee will be given five (5) working days in which to remedy the situation. The matter is entirely at the discretion of the Employer.
b. Criminal or other conduct that has been clearly substantiated inside or outside of the place of Employment that would, in the opinion of the Employer, seriously jeopardize any student, staff member or the reputation of the Employer, will be caused for immediate termination and neither any warning nor time to remedy the situation will be given.
c. The following are grounds for dismissal: if the Employee is absent more than one (1) day without notice; late for classes no more than two (2) times; leaves class before the bell rings on a frequent basis.
d. If the Employee is late/absent for activity days, presentations, performances, scheduled teacher’s meetings, etc. without notice, these are grounds for termination.
e. If a situation arises between said Employee and other employees or parents that affects the attracting and retaining of students, which is paramount to the interest of the business, a written warning will be filed. The Employee will be given five (5) working days in which to remedy the situation. The matter is entirely at the discretion of the Employer. The total of two (2) written warnings will be given, anything warnings given after this are grounds for termination.
f. If the Academic Supervisor requests paperwork (eg. Lesson plans, tests, etc.) to the Employee and it is late or not submitted (no more than two (2) times), a written warning will be given. If warnings are given over and above this, this is ground for termination.
g. An Employee can be terminated for any OR all of the above reasons stated above (Refer to a through f). In cases of a and c, the Employee is required to provide paper work (eg. Doctor’s note in case of sickness/absence) to substantiate the Employee’s absence.
h. If the Employee fails (dismissal or resignation…etc, any reason) to complete the contract, they will forfeit their deposit (1,000, 000 won), severance pay and their entire airfare.
9. Holidays and Vacations
Classes will not be held during the school vacations and National Holidays. The Academic Supervisor may occasionally ask the Employee to show up for school chores or activities up to a maximum of two (2) days of the vacation period. Vacations are determined by the Wonderland calendar. For this reason, the Employee shall not request or schedule his/her own vacations during school semester.
10. Emergency Leave
It is not mandatory, but Emergency leave will be granted at the sole discretion of the Employer after close consultation with the Academic Supervisor. The Employee will be eligible to receive up to five (5) days paid Emergency Leave in any year of Employment contract with the Employer. This is in the event of death or serious illness of a member of the Employee’s immediate family. The Employee will bear the cost of transportation in the event of an Emergency leave. No more than five (5) days of paid Emergency Leave will be approved. The Employer may grant additional unpaid days of Emergency Leave, but additional days over and above the five days paid leave are at the discretion of the Employer.
For the purpose of this Contract, the term immediate family refers to the parents, grandparents, children, brother(s), sister(s), or the legal spouse of the Employee.
11. Medical Insurance
The Employee will receive partial medical coverage under the policy with ACE American Insurance Company. Under this policy, fifty percent (50%) of the total insurance cost should be paid by the Employee and the other fifty percent (50%) is covered by the Employer.
For the first three (3) months of the Employee’s Period of Employment, the Employer will deduct from the Employee’s salary his/her share of this policy. In case of an accident, all fees exceeding the ACE Insurance coverage will be paid by the employee.
12. Housing
The Employer will select and provide furnished living accommodations for the Employee. The accommodations will be a two or three-bedroom apartment, alone or shared by the Employee and other teacher(s). The Employee is required to live in the accommodations provided by the Employer;
no housing allowance will be provided. The Employee will have his/her own private bedroom, a shared kitchen, living room, and bathroom or a private kitchen, living room, and bathroom.
During the contract, if needed, at the request of the Employer, the Employee must change residence; they will be given with a total of three (3) days to complete the moving. The Employer will assist the moving of the Employee’s belongings at their cost.
Furnishings provided in the apartment include a bed, pillow, television, kitchen table and chairs, stove, refrigerator, wardrobe, telephone, desk and chair, dishes and utensils, washing machine and clothes rack. If there are any fees (eg. Association fee, etc.) they will all be divided among the teacher(s) living in the apartment. In case when an employee supposed to live alone, he or she is responsible for all bills. All bills including will be paid by the employee(s).
The Employee will be held financially responsible for any missing and/or damaged property provided by the Employer. Any items, which are damaged or missing, will have to be replaced by the Employee before his/her Period of Employment ends. The term damaged refers to anything that results from negligence, accident, or irresponsible behaviour on the part of the Employee. Normal wear and tear of household items is not considered to be the responsibility of the Employee. The cost of any item belonging to the Employer, which is not replaced or repaired prior to the end of the period of employment, will be taken out of the deposit (see below).
The first month of the Employee’s Period of Employment, the Employer will collect 1,000,000 won. This is as a deposit for utilities, phone bills that arrive after the period of employment ends. In addition, the cost of any damaged household items belonging to the Employer, which has not been replace or repaired, will be taken out of the deposit as well. The remainder of the deposit will be refunded to the Employee, within two (2) months after the period of employment ends. If the Employee leaves or is terminated, before completing their 1-year contract (12 continuous months), the deposit will not be refunded. In this case, the Employer will have to find a replacement teacher, and these funds will be used toward the cost of replacement.
13. Transportation
a. Airfare for 1,300,000won is provided with the one-year contract from the employee’s nearest airport to the international airport in Korea and transportation from the airport to the employee’s residence in Korea(by reimbursement). The Employer will reimburse paid airfare within one month after working. , Upon completion of this contract, the employee will be paid the last airfare.(1,300,000won minus The reimbursed airfare)
In the event that the Employee leaves or is terminated, the school will not be responsible
For the cost of the airfare going back home. In addition, if the Employee is terminated or leaves before completing ten (10) months the period of employment, the employer will deduct from
The Employee’s last pay checks the amount of the airfare that was reimbursed.
14. Orientation and Training
The Employee will be provided with two (2) weeks, at total of ten (10) days, training and orientation period. However, this is subject to change and is dependent on the date of arrival, in regards to the beginning of a new session.
During the two (2) week training and orientation session, permanent housing will not be provided, including the daily necessities, as outlined in the contract. This is only in effect until a current teacher’s contract is completed. In this case, a separate accommodation will be provided for these two (2) weeks period. The financial arrangement will be the responsibility of the Employer.
Each day, the Employer will pay 20,000 won to the Employee; this wage is not negotiable. This payment will be given to the Employee each day.
Working and Training hours are between 9:30am to 7:30pm based on the schedule. The Employee will be given with appropriate breaks for lunch and rest at the discretion of the Academic Supervisor. The Employee will follow the training agenda and schedule provided by the Academic Supervisor.
15. Covenants
a. The Employee hereby agrees that he/she will not undertake any teaching duties or other employment with any persons or organizations other than the Employer. Failure to comply with this will be a cause for immediate dismissal.
b. The Employee hereby agrees that at all times during the term of the Contract; the Employee will not use the name of the Employer for business or any other purposes. As well, the Employee will not represent himself/herself as an authorized representative of the Employer.
c. Unless otherwise agreed to in writing, the Employee understands and accepts that the rights to use, sell, distribute or publish any original materials produced by the Employee during the course of the period of employment, and for which the Employee is compensated with his/her regular salary or with an agreed upon lump sum, remain the sole property of the Employer.
16. Governing Law and Jurisdiction
This contract will be interpreted according to the domestic laws of the Republic of Korea. The domestic laws of the Republic of Korea will have jurisdiction in regards to any dispute or claim arising out of or in connection with this Contract.
The Employer and Employee have executed this Contract on the date indicated below. Intending to be legally bound hereto, and IN WITNESS WHERE OF, the Employer and the Employee have appended their signatures.

[tardisrider]

What I think: You should post this in the thread reserved for such things.

Should you take the job: It doesn't matter to me whether you do or not.

[SharpenKorea]

I thought I did? I went to the contract posting forum, clicked it, clicked new post. Was that wrong?

Thanks for your sweet and thoughtful reply.

[Hokie21]

[SharpenKorea]

Thanks Hokie. Yeah, I'm thinking it looks like BS. I'm a newbie, so you'll have to bear with me. I am *trying* to abide by forum rules. It won't let me delete this post, so I guess I'll have to wait for a mod to do it.

Thanks for your help.

[CentralCali]

TWO weeks UNPAID "training"? Taking almost half of your first month's pay? Tell 'em to sod off and why.

[SharpenKorea]

Haha yeah, and there's no mention of pension- which means I am an "independent contractor" in that case right? Bluh, I just started looking this week(now that I have my documents all in hand) and I've had three interviews, all of them sketchy as heck!
I was accepted by EPIK- but I really want to work in Seoul and not in the boonies. Since I don't already have a year of teaching experience, I'm told Seoul is not really an option.

[Zalithian]

[Hokie21]

Personally there is no way I'd share an apartment with 2 or 3 co-workers. That's reason enough for me to turn down this place.

Oh and the vacation policy sounds sketchy....in fact the whole thing does.

[ttompatz]