Korean Job Discussion Forums

[sampsonian]

We are a UK couple and have just been offered this contract. Does it seem legit? We are currently trying to get the school to write in the maximum teaching hours - the recruiter is saying if they do then this will be 36 hours - does this sound too much or okay? also I have just noticed that there is nothing written in there about a 30 day notice period from the school if they decide to sack us - I know this is Korean law so does it necessarily have to be stipulated in the contract, or would we be able to fight this if they screwed us over anyway?

also what is long term care insurance? and residence tax?

thanks

Employer contracting agreement ( ), referred to as the school, and ( ), referred to as an employee, both parties agree as following :

Article 1. Introduction

This is an agreement between hereinafter called ‘Employee’ or ‘B’) and (hereinafter called ‘the School’ or ‘A’). The Employee agrees to teach students at the School at the times designated by the School and the location designated by the School management. The Employee agrees to develop and present educational programs for the students. The Employee agrees to follow and strictly comply with the School’s policies and guidelines during the period of this agreement.

Article 2. Contract Duration

A. It is hereby agreed between the School and the Employee that the Employee shall teach at the school for a period of one year, starting from the first working day at the school.

B. If the Employee wishes to renew his/her contract at the end of the contractual year, he/she must inform the School three months prior to the end of one year’s service.

Article 3. Responsibilities of the Employee:

A. Conditions

The Employee’s job description shall consist primarily of the following: The Employee is expected to devote 30 minutes at the School for lesson planning with co-teachers. Employees are also responsible for student evaluation, syllabuses, report cards, field trip activities, consultation with parents, supervision of activities, maintenance of the English environment during breaks, workshops, staff meeting, orientations and upgrading ones professional knowledge and skills without additional pay. The work week will follow the yearly academic calendar issued by the school. The Employee’s working hours shall be determined by the School’s schedule.

B. Working Schedule

The Employee shall work 9:00 am~6:00 pm (or other times depending on the options) for five calendar days per week from Monday to Friday, and shall not work on Saturdays, Sundays and any national holidays of the Republic of Korea.

C. Teaching Schedule

The teaching schedule can be changed at any given time by the School.

A. “B(Employee)” is contracted in any and all phases of “A(Employer)”'s program to classes that range from preschool children to adult level.
B. Curriculum design and implementation
C. Development of the “A”'s educational program and materials
D. Field activities for and with students
E. Grading and evaluation
F. Attendance at teacher's meetings and workshops
G. Don’t absent without notice
H. Other related activities

Article 3. Salary, Working Hours and Duration

Option 1: 1,900,000 won / month : from 9 am to 4 pm (Mon~Fri)
Option 2: 2,100,000 won / month : from 9 am to 5 pm (Mon~Fri)
Option 3: 2.400,000 won / month : from 9 am to 6 pm (Mon~Fri)

Payment shall be made once a month. In no event should the “B” wait longer than 31 calendar days to receive his monthly salary (Pay day is 7th day of each month. If the employee’s working days do not reach a full month, the employee will be paid at the rate of the total working days.). Korean Income Tax shall be deducted from “B”'s salary. The salary includes a wage, a bonus, overtime and any other negotiated sum of money from the employer. The tax rate will be calculated in accordance with the Korean Tax Code. Income tax shall be deducted from the salary of “B” each month. Half amount of all tax including medical insurance and pension, etc. will be supported by “A”.

This is an example of invoice (Korean currency = \ won)
Name Teacher
Income 2,400,000
Deduction
National Pension (4.5%) 108,000
Medical insurance (2.995%) 71,880
Long Term Care Insurance 4,700
The Grade A Income Tax 30,630
Residence Tax 3,060
Total of Deduction 218,270
Total Amount 2,181,730


Article 4. Over-time Pay

If “B” teaches more than the contracted hours, he/she will be paid 25.000 Won per hour overtime.

Article 5. Benefits a) Housing

“A” will arrange and pay for furnished accommodation for the period of the contract, and the “B” shall pay living expenses including electricity, water, gas, phone bills, internet etc.

The accommodation furnishings shall include: basic cooking utensils such as pots, pans and dishes; a stove; a refrigerator; a bed; a washing machine; a hanger. “B” can share his/her accommodation with other contractors in this furnished apartment or has the option of staying in a furnished house alone.

“B” is not allowed to damage the furnished item and house without agreement and is responsible to compensate the damaged loss. Lunch is provided at the school.

If “B” should organize their accommodation by themselves, “A” will pay a 300,000 Won per month accommodation subsidy.

b) Flight
“A” shall provide “B” with a one-way economy class or regular class airfare to Korea from the nearest international airport. The ticket shall be provided when “B” completes a full-year contract.

If “B” is employed in Korea, 500,000won will be paid as a flight ticket when “B” completes the full year of the contract.

c) Severance pay When “B’ completes the 12 month contract, “A” will pay a severance pay of an equivalent of one month wage.

d) Holidays
10 days paid holiday per contract year. It includes 6 or 7 days compulsory school vacation days in summer and winter. Maximum days per a holiday should not exceed 3 days.

e) Sick leave
3 days (27 hrs) are allowed. When “B” uses more than 3 days for sickness, then the over time will be calculated as the amount of over time payment and deducted from the paycheck.

f) Time off sheet
“B” is allowed to use time-of sheet for personal request (bank, doctor appointment etc.) during the break with “A”’s approval.

g) Working hours, staff meeting and preparation time for classes.
Working hours will depend on the contract. Staff meetings are held at 5:30 pm on Tuesdays. (It may change). The preparation time for the classes is not included in working hours. The school recommends teachers about 30 minutes per day to prepare lessons without extra payment.

h) Security deposit “A” will deduct 500,000 won as a security deposit once. The deposited sum will be paid back to “B” when the contract is completed.
In the case of leaving, “A” will retain an amount of 100,000 won in order to pay “B”’s last month’s bills and housing maintenance fees.

i) Contract termination
When “B” has to terminate this contract within the period of contract, “A” will not be responsible with any benefits above.

Article 6.

1) Basic Policies
The following policies have been established to assist contractors in the execution of their duties.

a) For a dismissal or voluntary resignation within the first 6 months of this contract period, the amount of airfare to Korea will be reimbursed to the school by the Employee and will be deducted from the employee’s last monthly salary.

b) “B” must behave in a professional manner during class and when socializing with students outside of class. “B” should be aware of the cultural background of Korean students and the expectations of teachers.

c) If “B” seeks release from his contract because of cultural differences, homesickness or personnel problems, he/she must report the desire to terminate this agreement to the institute.
(At least 3 months prior to departure)

d) “B” is required to attend all staff meetings as requested by the director. If “B” must be absent, he/she must inform the director or assistant prior to the meeting.

e) “B” is required to interview new students and evaluate their placement level.

f) “B” shall prepare teaching materials for each class beforehand and will be honest and diligent in teaching students in all classes. “A” agrees to furnish all curricula, textbooks, and other teaching materials.

g) If “B” has to leave within the contracted year due to any personal issues (Health problem, arrest etc.), “A” is not responsible to keep the contract and this contract can be cancelled with agreement.

h) “B” shall agree to be cooperative and flexible with school schedule and direction according to the weather condition and work circumstances.

2) Special Policies - Dismiss Case
“A” will have the right to dismiss the “B” for clear and frequent neglect of duties under this agreement.

a) When “B” brings any issues against this contract and neglects to do the duties under this agreement, “A” can issue the warning paper and 3 warning papers will affect “A”’s dismiss decision.

b) “B” shall agree not to teach at any other Institute or privately without the permission of the Institute.

Article 7. Governing Law and Jurisdiction
Any dispute arising in connection with this contract shall be in a Korean court of law according to Korean Regulations and Codes. The parties agree to comply with all applicable laws in their performance of the Agreement.

___________________________
Employer Employee as an English teacher
__________________________ ____________________________
Signature Signature
Date Date

[tanklor1]

Welcome. There should be a sticky contract thread on the top of the page for all of your contract looking-over needs.

[talentedcrayon]

This sounds like they want you to work 9 straight hours a day. Thats 45 teaching hours per week. Prep time is on your own time.

Personally, I would never accept this.

5 teaching hours per day is the max. Although... that's why I no longer work in Korea. Things deteriorated to the point that it just wasn't worth it anymore.

Also, the part about the flight isn't right.

It's fine that its a one way... its also fine that they reimburse you at the end. But, its poorly worded.

Also, according to the contract they can substract an amount equal to the cost of your flight from your last pay check.... Even though you are the one that is paying for it upfront? That makes no sense.

This is a poorly written contract in my opinion.