Korean Job Discussion Forums

[elementaryed]

I read the standard contract info posted on this site and noticed that mine doesn't follow everything. Could someone please take a look? Thank you!
My medical doesn't include eye or dental. My overtime is only 17,000. I am expected to pay an upfront housing deposit. I am not paid for my break time between classes. The employer selects the people required to attend camp (does that mean I don't have a choice if I am selected?)

EMPLOYMENT AGREEMENT



This Agreement is made between , herein referred to as "Employee," and , herein referred to as "Employer,” whose principle place of business is located at

In consideration of the mutual promises and agreement herein contained, XXX (hereafter referred to as the “Employer”) employs

(hereafter referred to as the “Employee”). The Employee agrees to work for the Employer under the following terms hereby agreed to by both parties.

The services to be performed, by the Employee will be that of a conversational English Language Teacher (or Instructor).

The Employee will commence his/her employment on Sep. 2014 . The employment will continue to Sep. 2015 unless terminated sooner as provided herein, and for such further period as provided for herein, subject to the following conditions.


If as a result of wilful and wanton negligence, gross negligence or intoxication, the Employee damages facilities, materials or other property belonging to the Employer; or causes damage to the institute and/or the image of the Employer, the Employee will assume pecuniary liability in accordance with Korean Law. Furthermore, if the Employee violates any of the covenants of this agreement, the Employer has the right to terminate this agreement at the time of the violation without further compensation or responsibility to the Employee.

If the Employee seeks release from this contract, he/she must do so in writing at least ninety (90) days prior to the date of termination. Extenuating circumstances, which might require termination of employment without prior notice, will be handled on a case-by-case basis.

In the event of the death or total incapacity for business of either party hereto, or upon the Employer ceasing to carry on said business, or becoming bankrupt, this contract will terminate. In case of the sickness of the Employee or other reasons causing him/her from attending to his/her duties for 10 consecutive workdays (without valid proof), the Employer may terminate this agreement.

The Employer may terminate this agreement at any time because of the Employer's dissatisfaction over, violation of instructions or rules of the Institute, or failure of Employee to comply with any one of the conditions contained herein.

The Employer may terminate this agreement if the services rendered by Employee are not satisfactory to the Employer, and the Employer will be the sole judge of such satisfaction. Services considered include, though are not limited to, adequate class preparation, the effective presentation of class lessons and the ability to work professionally with other staff members and supervisors.

The Employer will provide single housing for all Employees. (See attached housing contract) Employees living in housing provided by the Employer will be required to leave a 400,000 won deposit with the Employer to cover any damage to the apartment or unpaid bills left by the Employee when the apartment is vacated. This amount will refundable if the housing condition is good at the end of contract.


Air ticket Economy class air ticket from the nearest international airport of the employee in his or her home country to Korea will be provided to the Employee.
 A returning air ticket will be provided to the Employee upon completing of the full contract period




Compensation will be paid monthly by the Employer. Any errors in compensation must be reported by written notice within one week of receipt of compensation.

Employees will be paid W 2,200,000 won per month for Teaching schedule.
The teacher is expected to complete 30 hour of in-class teaching each week,or 120 hours of
Teaching each month. (the schedule can be variable under the school circumstances.)
( after 1year, the salaries will be raised W 100,000)
Employee will be paid W 100,000 extra lunch fee per month



The duration of a class is 40, 45 minutes with kindergarten and elementary. There is a 10 or 5 minute break between each class. Lunch break runs from 12:00 to 12:50 pm. Teachers are not paid for this time

The employee will have pay his or her Income Tax, and half of their medical insurance and pension.


The Employer will assign classes based on teacher performance, professionalism and attendance record. The assignment of classes and substitute teaching assignments is the sole prerogative of the Employer and is necessary to the effective operation of the institute. Acceptance of these assignments by the Employee is mandatory.

For summer camp and winter camp: Employees will not be paid an hourly wage, they will be paid a wage of 50,000won per day for the period of the camp. Not all teachers will attend summer or winter camp. The Employer will select those teachers required to attend.

In the event that a summer or winter camp is not conducted, an overnight party(or after hour party) will be scheduled in its place. Employees will receive 50,000won. The Employer will select those teachers required to attend.

Overtime rate is 17,000won an hour however, will be subject to Korean taxes.

The Employer agrees to provide the Employee with return air transportation upon the successful completion of this contract.

Upon the successful completion of a one-year contract, the Employee will receive severance pay. Severance pay will be equal to an average of the last three months’ salary.

After 30 to 45 days in Korea, the Employer agrees to provide the Employee with medical insurance. This delay is caused by the processing time involved in obtaining Korean medical insurance. The Employee will be responsible for the cost of his or her own medical treatment until insurance is issued. The employer is required to subscribe to the Medical Insurance/Pension plan. Medical Insurance/Pension is split 50/50 by the employee and employer. Dental and eye care coverage is not included. Furthermore, life insurance coverage is not included. Taxes will be deducted from the employer’s income in accordance to Korea law. Monthly pay is taxed, and the taxes will be deducted as income tax on a Monthly basis.

The Employer agrees to provide three sick-leave days to Employees each year. On the first three days on which an Employee misses work he or she will be paid in full for that day, with the following conditions. The Employee must notify his or her supervisor either the night before the absence, or as early as possible on the morning of the absence. The Employee must also present a doctor's note to his or her supervisor on the day on which he or she returns to work. Unused sick days may not be used as vacation days. Should the Employee be absent for ten consecutive days without a valid reason, his or her contract may be terminated.

Employees, on occasion, request an emergency leave in order to attend to urgent matters in their home country. Since there are no substitute teachers available, the extended absence of Employees creates a serious problem for this institute. Additionally, when requests for leaves coincide with holidays observed by the Employer, such as Christmas, the potential for abuse, in order to extend existing vacation days, compounds the seriousness of the situation. Therefore, any Employee requesting a leave of absence during his or her contract will be subject to a 30 percent deduction from the his/her severance pay. Should a leave request coincide with a holiday on which XXXX does not hold classes, the percentage of this deduction will be raised to 50 percent.

The Employer will provide housing for all Employees. (See attached housing contract) If, at the time the Employee is hired by the Employer, all company apartments are occupied the Employee may either ask the Employer to provide an apartment or the Employee may arrange his or her own housing. Employees who choose to provide their own accommodations will be given a 400,000 won monthly housing allowance. If, at the time the Employee is hired by the Employer, company housing is available, the Employee is required to live in the company’s apartment. Employees living in housing provided by the Employer will be required to leave a 400,000 won deposit with the Employer to cover any damage to the apartment or unpaid bills left by the Employee when the apartment is vacated. Housing deposit will refund to Employee if the housing condition is good at the end of contract.

If Employees wish to take advantage of the housing provided by the Employer, the housing contract must be signed before arrival in Korea. Employees who initially choose to provide their own housing and later elect to take advantage of company housing will be accommodated only as housing becomes available.

Whenever possible, Employees be provided with an orientation period. This is generally the Employee’s first working day, on which the Employee meets with experienced Employees, observes classes and becomes familiar withXXX teaching techniques and activities. On this day, or for the period designated by the Employer as the training period, during which time the Employee will not be asked to conduct classes, the Employee will be paid a training wage. This wage will be 7,000 won per hour.

Vacation:

Summer Vacation : First week of August (including weekend)
Winter Vacation : Dec. 25th ~ Jan. 1st


V. The Employee agrees:

To teach any group assigned by the Employer and to participate in special activities (such as summer & winter camps or field trips and/or an overnight party) as required by the Employer.

To prepare for his/her classes on his/her own time. Class preparation should include researching and producing teaching materials, on time submission of lesson plans, tracking reports, progress reports and semi-annual teaching method reports. Failure to submit these items on 3 occasions will be subject to a 30 percent deduction from the Employee's severance pay. Three late submissions of any of these items will count as 1 non-submission.

To, at all times, follow the rules and regulations set by the Employer and the Institute director. To follow class schedules and activity schedules, to not dismiss classes, cancel classes or begin classes late without the express consent of senior management. To submit all progress reports, tracking reports, lesson plans, or other requested work on time. Employees, who routinely fail to observe the rules of the institute will be verbally notified by the supervisor, continued non-compliance will result in a warning letter. Three warning letters in the period of one year will result in suspension without pay, a reduction of teaching hours or termination.

To have the accompanying statement of general physical health completed by a physician certifying that the Employee is free of contagious diseases and may safely participate in activities such as leading outdoor games and exercises.

To use the teaching materials supplied and recommended by the Employer. The Employee is encouraged to supplement these materials with other materials, but must obtain prior approval from the Employer. All books, tools, craft supplies or other materials issued by the Employer remain the property of the Employer and any must be returned toXXXX when no longer required to conduct class.

To perform his/her duties in a professional manner and refrain from conduct which could damage the reputation of the Institute, including, but not limited to: conducting class while smoking or under the influence of alcohol or illegal drugs: making sexual advances towards or entering into sexual relationship with students or employees of the Institute; conducting any business or accepting any funds without the express written consent of the Institute; and borrowing or lending of funds or selling items to students.

To reimburse the full cost of plane ticket to the Employer, if the Employee terminates his/her contract within 6 months of commencing date of his/her contract.

To reimburse half of the cost of plane ticket to the Employer, if the Employee terminates his/her contract after 6 months but within 12 months of commencing date of his/her contract.

Private teaching outside of XXXX is prohibited without the written approval from the Employer. If the Employee desires additional employment, such interest must be expressed in writing to Employer. Upon receipt of such request, the Employer may, at its sole discretion, allow additional employment. Any and all exceptions to this provision must be made by written consent of the Employer.

Extremely short or revealing attire is prohibited. Employees are required to dress formally for special events such as Graduation or Entrance Ceremonies. Male Employees will wear a dress shirt, tie and slacks. Female Employees will wear a dress, a skirt or slacks and an appropriate top.

If the Employee wishes to drive in Korea, an international driver's license is required. The Employee will take full responsibility for any cost of acquiring a vehicle, the maintenance of such vehicle, any insurance/fees of such vehicle, and will hold the Employer free from any harm and/or responsibility of and from such vehicle.

The Employee accepts liability for any damages that arise from the conduct of Employee.

The Employee will not at any time or in any manner, either directly of indirectly, divulge or disclose to any person, firm or corporation in any manner whatsoever any information concerning any matters affecting or relating to the business of the Employer, including without limiting the generality of the foregoing, any of its customers, the prices it obtains or has obtained from the sale of, or at which it sells or has sold, its products or services, or any other information concerning the business of the Employer, its manner of operation, its plans, processes, or other data without regard to whether all of the foregoing matters will be deemed confidential, material, or important, the parties hereto stipulating that as between them, the same are important, material, and confidential and gravely affect the effective and successful conduct of the business of the Employer, and the Employer's good will and that any breach of the terms of this paragraph will be a material breach of this Agreement.

VI. It is further agreed between the parties that:

The services to be rendered by the Institute are of a unique and original character entitling the Institute to acknowledgement of this contract by injunction or other relief in a court of equity.

No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained will be valid unless in writing and duly executed by the party to be charged therewith and no evidence of any proceeding, arbitration, or litigation between the parties hereto arising out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed as aforesaid, and the parties further agree that the provisions of this Section may not be waived except as herein set forth.

Both parties have read the above conditions and agree to the terms contained herein in good faith.

YOU DID IT!!!! THANK YOU SO MUCH. SHOULD I TAKE THE JOB

[Hokie21]

There's a thread for this.

[Porksta]

You lose a third of your severance for taking a day off? HALF of your severance for taking a day off on a holiday even when the school isn't in session? Holy shit run like the fucking wind.

[valkyrian2]

Post your question reviews here:
http://forums.eslcafe.com/korea/viewtopic.php?t=197658&start=2235

Click "post reply" and not "new post".

<The Mod Team>