Korean Job Discussion Forums

[shasson883]

Hi, just wanted you guys to have a little read through my contract I've yet to sign. The contract is for a back up position for 2/3 months working in Seoul before being transferred to Haeundae Busan for a years teaching contract. I have been told this in the interview and in emails from the company however one of my concerns is that the contract doesn't actually state that I will have a position in Busan, it simple states I will be "placed at a campus where the employee will officially start the 1 year contract period" Is this a red flag? Should I ask the company to re evaluate the contract to include officially of this deal? What do you guys think in general, any info is appreciated. javascript:emoticon('')


Employment Contract (Back-Up)

TERM OF CONTRACT
1.
This contract begins February 2014 and ends May 2015. The employee is to fulfill one semester (approx.3 months) of training with the HRD dept. prior to being placed at a campus where the employee will officially start the 1 year contract period. The actual starting date is when the Employee first starts working at the campus. If the contract ends in the middle of the semester, then the last day is changed to the end of the semester.

II.
EMPLOYEE REQUIREMENTS
1.
During the first training semester, the employee is required to fulfill training sessions provided at varies campuses, curriculum editing tasks provided by New Border, temporarily fill in for absent teachers at Avalon campuses and other teaching related tasks. The Employee will act in a professional manner and be responsible for conducting professional English Language classes.

2.
The employee will be required to work on a regularly set schedule. Working hours may be slightly extended or changed depending on location or session. The working hours are from 2pm to 10pm for Champ campus and 3pm to 11pm for IVY, and Nokjiwon campus. LangCon working hours will be from 12:30 to 8:30pm, Monday through Saturday. The employee will be required to work 5 days from 6 days schedule, if the employee is scheduled to work on a Saturday, one day out of the weekdays will be given as time off and this day will be chosen by the campus according to campus schedule.
The regularly scheduled working hours are 9 hours/day in total (8 working hours + 1hour break),

however, depending on the campus the working hours may be shortened to 8 working hours/day
without an hour break.
The employee will complete 30 hours of teaching per week and 120 hours of teaching per month. In
special cases, the employee may be asked to work on a national holiday also known as "Red Day"
in Korea. If this occurs, the employee shall be granted overtime pay(III. 1.3). It is not applicable to
events mentioned in section II.4. However, the only exception is the 15th of August (Korean
Independence Day) and the 9th of October (Hanguel Day), which are Korean national holidays. The
15th of August (Korean Independence day) and the 9th of October (Hanguel Day) are both regarded
as a regular work day and employees will be compensated in accordance to their normal daily
wage. The working hours are not applicable to certain cases such as the summer and winter
intensive course periods.

4.
The employee is required to attend events held by the employer such as orientation, workshops,
year- end party, retreats(picnic), academic seminars, etc.
An event could be held on a Saturday, but it will not count as overtime and will be uncompensated.

5.
The employee must submit the required documents for a visa by the due date, which both sides
have agreed on. If the employee fails to submit the required documents by the due date, the
employer is able to change the employee’s position or is able to cancel the contract.

6.
200,000KRW will be deducted from each of the employee’s first three paychecks for a total of
600,000 KRW to be used as a security deposit. This deposit will cover any unpaid services, bills,
damage and airfare in the event that the employee fails to pay or fails to fulfill 6 month of the
employee’s contract. The employer will hold the full amount of the security deposit until all bills paid.
The remaining amount will be returned to the employee after all bills have been paid at the end of
contract. However, the employee who renews the contract and has already paid the security deposit
will not be required to pay the security deposit again.

7.
The employee must follow Korean immigration laws and take responsibility for any immigration duties including any immigration fees such as Medical Health Check, Alien Registration, Re-entry Permit and Visa Extension, etc.

III.
SERVICES PROVIDED BY THE EMPLOYER
1.
PAYMENT
1.1
The employee will be paid 80% of the monthly salary during the training semester. Once the training semester is completed and the employee is placed at a campus, the employee will be paid a monthly salary of 2.2m KRW for regularly scheduled hours.

1.2
If the employee fails to work on the set hours due to tardiness, absence, etc.; the employee’s monthly salary will be calculated accordingly and paid using a daily rate and/or an hourly rate. - The method for calculating the daily rate: Monthly salary divided by 30 - The method for calculating the hourly rate: Daily rate divided by 6.
1.3
The employee may be asked to teach over 30hours of teaching hours a week or over 120 hours a month. In this case, the employee will be compensated 20,000KRW per hour for overtime.
1.4
The employer will pay the employee a monthly salary or the total amount owed for work performed in a month on the 10th of every month. In the event that the employee doesn’t start working on the very first day of the month, their working days for that month will be counted from the employee’s first day working on a regular schedule.

2.
HOUSING
2.1
The employee will be provided with a single furnished housing. The housing will be provided at no cost to the employee with the exception of utilities and housing management fees associated with the housing. The employee’s housing will be furnished with basic necessities such as a bed (with bedding), kitchen supplies, TV, desk, and a chair. All accommodations will also come with an AC unit, and a washer. It is recommended that the employee bring some money for the first month of employment. The furnishings are only provided once for new teachers who requests housing from the company.

2.2
The employee has the duty to preserve the condition of the housing and furnishings until the end of this contract. If the housing or the furnishings are damaged or destroyed, the employee must restore them to their original state or pay for the replacement of the same standard of quality. The employee has the duty to fill the housing condition checklist during the first week of occupancy. If it is not submitted by the first week, the employee has the responsibility to pay for all of the damages not reported to the campus.

2.4
The employee is eligible to receive 300,000 KRW a month as a housing allowance if the employee does not request housing provided by the employer. The employee must submit a written Housing Allowance Request to receive this housing allowance at the signing of this contract.

3.
AIRFARE REIMBURSEMENT
3.1
The employee is required to make arrangements and purchase their entry flight ticket to Korea. Once the Employee passes the medical test and obtains an Alien Registration Card, an amount of up to 1.2 M KRW will be reimbursed to the employee. For the reimbursement procedure, the employee must submit an accredited receipt and flight itinerary to the employer. Upon completion of the contract, the employee is required to make arrangements and purchase their return flight ticket to their native country themselves. However, the flight schedule must be confirmed by the employer before purchasing the flight ticket. Also, the employee must submit an accredited receipt and flight itinerary to the employer one month prior to the date the Employee is scheduled to leave the company. The employer will reimburse an amount of up to 1.2 M KRW. If the employee chooses not to receive reimbursement for their return flight ticket, the employee can receive a monetary allowance of 700,000 KRW instead. For the employee hired within Korea, the employee is not entitled for a return airfare reimbursement; however, a monetary allowance of 700,000 KRW is provided at the completion of the contract.

3.2
All employees who renew their contract, whether hired from abroad or within Korea, they will be provided with a round trip air ticket of an amount of up to 1.4 M KRW. The employee is
required to first make flight arrangements and pay for their round trip tick t and then submit the receipt and itinerary to the employer for reimbursement. However, the flight schedule must be confirmed by the employer before purchasing the flight ticket. If the employee chooses not to receive an airfare allowance of 1.4 M KRW upon renewal of their contract, the employee is entitled to a monetary amount of 1.0 M KRW instead of a round trip airfare allowance.

3.3
In the case that the employee requires a visa-run within their contract period, the employer will provide the employee with the amount of the expenditures for the visa-run of up to 600,000 KRW (flight, hotel) after submitting the itinerary and receipt to the Employer.

3.4
Any employee who terminates their contract before completing 6 months of their contract period must pay back the employer the amount of the entry air ticket provided by the employer. If the employee was hired within Korea, any fees related to visa-run expenditures (refer to 3.3) must be returned back to the employer. For any employee who renews their contract, but does not complete at least 6 months of their contract period must return to the employer half of the round trip air ticket allowance (refer to 3.2). For any employee who has received a monetary allowance of 1.0 M KRW instead of the round trip air ticket allowance upon renewal of their contract, must return half of the monetary allowance 500,000 KRW (refer to 3.2).

3.5
Flights eligible for reimbursement cannot include a stop over. Also the employer will not reimburse multiple flight tickets to the employee’s destination. 항공권은 Stop over

4.
LODGING
4.1
The employer will provide lodging, if necessary, for the employee’s stay during the orientation and training period at a facility.

5.
HEALTH PLAN
5.1
The employer will pay 50% of the premium for the employee’s health plan, which is provided by the employer and is administered through the employer. Participation in the national health plan is mandatory under Korean Law. The employee will be responsible for the remaining 50 percent of the costs.
6.
SEVERANCE PAY
(BACK-UP) 페이지 6 / 10
6.1
The employer will pay severance to the employee upon completion of their contract period of 12months (or more) with Avalon. The severance payment will be in the amount of employee’s final monthly salary multiplied by year(s) employed, paid in full at the end of employment with Avalon. If necessary, applicable government deductions will apply.
7.
PAID VACATION
7.1
The employee may have 10 working days as paid vacation per year. Up to 5 consecutive days may be taken at once. 3 days of Institute-scheduled vacation are counted in these 10 days. 2 of the remaining 7 days are also set to be used to extend the official break period of the Institute during Korean holidays, and if it is not used by the company, it will be compensated as daily wage at the end of contract. No vacation days other than those scheduled by the employer may be taken during the training semester and the first 3 months of employment at the campus. The use of vacation must be approved by the employer at least one month in advance. Days in which the employee does not regularly work i.e., Saturdays, Sundays and National Holidays are not to be considered as part of the vacation period. For IVY campus, the employee is advised to take vacation during holding periods (student’s mid, and final exams period). Should the employee request vacation time outside of these periods, the director will check the campus schedule, and will decide it if it is possible or not. The employee will not be allowed to take their vacation during the Summer, and Winter intensive terms, and during the last week of their contract.

7.2
When the employee finishes the contract, the unused vacation will be compensated as daily wage as remained. In case that the employee terminates mid-contract; the employee will be compensated one vacation day per month starting from their fourth month of employment onward. For example, if the employee terminates the contract on the 5th month, the employee will be compensated for 2 vacation days if the employee had not used any vacation days. The unused vacation will be compensated or the over used vacation will be deducted.

8.
SICK DAY
8.1 The employee may use up to 5 paid sick days per year provided they bring a proper letter signed by the doctor (Jindanseo) stating the employee’s symptoms and medical recommendation to abstain from work. Should the employee fail to produce a signed letter from the doctor, a written warning will be issued, and the employee will not receive pay for their absence from work. Also, any additional sick days beyond the 5 days provided will be counted as absences, and the pay will be calculated according to the daily rate/hourly rate.

8.2
No more than two consecutive sick days may be taken at once. And, it cannot be combined or continued with the requested vacation by the employee. In the case the employee becomes sick and is unable to continue work, the employee must report to the Korean head teacher or Foreign head teacher or director, and should leave immediately and seek medical assistance. The employee must obtain a signed letter from the doctor stating that the employee is unable to return to work. This letter must be presented on the day which the employee returns to work. If the doctor diagnoses that the employee can continue work, the employee must return to work and complete their shift. If the employee fails to return to work; or if they fail to produce an appropriate doctor’s signed letter, a written warning will be issued, and the employee will not be paid for unexcused time from work.

9.
PENSION 연금
9.1
The employee and the employer will make regular contributions to the employee’s pension fund, as stipulated by the rules and regulations of Korean National Pension Corporation. If eligible, the employee will receive a reimbursement of all contributions made by him/herself and the employer upon departure from Korea. US, CND and AUS nationals are required to pay into pension and will receive a reimbursement. GB & IRE nationals are exempt from receiving refunds although required to pay. SA nationals are exempt from paying into and receiving pension funds. NZ nationals must pay and are only eligible for a refund after 10 years of employment in South Korea. For more information, please visit http://english.nps.or.kr/jsppage/english/main.jsp
IV.
RENEWAL & TERMINATION OF CONTRACT
1.
RENEWAL
1.1
The employee must give the employer a written 120-day notice before renewal or non-renewal of the Employee’s current contract.
1.2
Both the employer and the employee reserve the option to renew the contract.
2.
TERMINATION OF CONTRACT
2.1
Both parties will give a written notice of at least 60 days prior to the termination date of the contract. If the employee terminates the employment without providing 60 days written notice, (unless otherwise agreed upon by the employer), the employee will forfeit their security
deposit and will be held liable for all bills associated with housing, rent, utilities, and management fees for the apartment provided to them by the employer for each day under 60 days. If the employee receives housing allowance and terminates the contract without providing 60 days written notice, the employee will be penalized by forfeiting their security deposit and will be subjected to a fine out of their housing allowance, for each day under 60 days
2.2
The employer retains the right to terminate the contract immediately if:
a.

i. The employee is unable to meet the responsibilities or conditions required for employment such as being late for class on a continuous basis (more than 5times/month); continuous failure to keep regularly scheduled class times (more than 3times/month) and repeated absences from classes without a valid reason (more than 3times/month).

ii. The employee is unable to meet the responsibilities or conditions required for teaching. The employee will be observed from headquarters live via CCTV on a quarterly basis. IF the employee fails the teaching observation, the following action plan will ensue:
- 1st FAILED OBSERVATION CONSEQUENCE: TEACHING IMPROVEMENT PLAN
- 2nd FAILED OBSERVATION CONSEQUENCE: PEER TEACHER OBSERVATION/REPORT
- 3rd FAILED OBSERVATION CONSEQUENCE: CONTRACT TERMINATION

b.
The employee teaches off the employer’s property.
c.
The employee uses illegal drugs or is intoxicated during work hours.
d.
The employee participates in any type of criminal activity or corruption of public morals that violates the laws of the Republic of South Korea.
e.
The employee receives written warnings from the employer on 3 occasions.
f.
The employee tells others about their own employment contract details.
2.3
If, for any reason, the contract is terminated before the full completion of the contract period:
a.
The employee will not qualify for benefits such as severance pay and airfare.
b.
The employee will wholly be responsible for any utilities/maintenance remaining for the duration of their housing lease.

2.4
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.
V.
VENUE FOR DISPUTES BETWEEN EMPLOYER AND EMPLOYEE
1.
The appropriate laws of the Republic of Korea will govern this contract. However, while both parties enter into this contract with total honesty and integrity, disputes may sometimes occur. In such cases, both parties will be bound by all terms and conditions of this contract and will try to resolve the difference in a civil manner that is fair to both parties. In the event that no solution can be found for a problem and either party decides to terminate this contract, they must do so in accordance with this contract. Upon such termination, both will agree to remain civil and to speak honestly and fairly about their experiences and not in a disrespectful manner.
VI.
FULL KNOWLEDGE
1.
GOOD FAITH
The employer and the employee will act in good faith toward each other. The employer will not dismiss the employee without what reasonably is considered good cause and the employee will do their utmost to satisfactorily fulfill all the responsibilities and meet all the conditions as described in the above agreement.
2.
CHANGES TO CONTRACT
The employer and the employee agree that they have read the Employment Contract in its entirety and no other verbal agreement, statement or promise made on or before the effective date of this contract will be binding on the parties. Any changes made must be in writing and signed by both parties to be included in this contract. Any changes made to this contract without the knowledge and written consent of both parties are to be considered invalid.
3.
TRANSFERRAL OF CONTRACT

Under no circumstances can the employer exchange, give, sell, or transfer this contract or the services of the employee to another party or Institute without the written consent of the employee.
4.
LANGUAGE OF CONTRACT
The language of this contract is written in English and Korean. In the event of a dispute, the English version of this contract will prevail.
VII.
ADDITIONS TO CONTRACT
1.
All other matters not stated above will be based on Korean relevant laws and regulations including The Labor Standards Act, Regulations about employment and Avalon company regulations.
2.
When the employee is temporarily required to work in the head office by the employer, for reasons such as curriculum development, the working hours are 10am~7pm and there will be a one hour lunch break.

[Skippy]

NO. I will not look at it.

Post it in the contract review thread stickied above. Then maybe somebody will give it a look. Maybe even me.

[shasson883]

Shit I thought I had. How do you delete?

[Hokie21]

Which Avalon?

[caniff]

Too much verbage=bad sign (asking people to read it).

[Blanca]

I'm not even 1/3 of the way through and I've seen half a dozen red flags already:

1) Working on Saturdays, but on a variable schedule (ie they could say at the start of the week that they'll give you Wednesday off and make you work Saturday). *beep* that.

2) Witholding 600,000 in case you run away. Why would someone run away if it's such a great place to work? Also, illegal.

3) Doing courses/seminars etc on Saturdays and not being paid for them.

4) Hangeul Day and Korean Independance Day not being considered holidays. Correct me if I'm wrong but aren't they red days? Supposed to be paid vacations? By law?

5) Only 80% pay for the training period? Are they only expecting you to be there for 80% of the time then?

6) 2.2m for 9 hours a day is slave labour.

7) Working for 8 hours without a break is illegal.

Withholding pay for misdemeanours (eg being late) is illegal.

9) Be suspicious of any hagwon asking you to buy your own ticket and then reimbursing you. You've heard the expression about blood and stones right?

I could go on, but I think you get the picture. Run for the hills - this contract is bullshit. Tell the recruiter so and demand something better.