Korean Job Discussion Forums

[kellermanr]

Employment Contract

The following contract is an employment agreement for the position of English Language Instructor between the Employer (Hereafter to be referred to as the Employer), _______ and the Employee (Hereafter to be referred to as the Employee). Employee name: ___________ Passport #: _____________

Employer name: ___________ Title: Director

The contract is made and duly signed by both of the parties, intending to be legally bound, under the following terms and conditions as set forth below:

1. This contract will be valid from September 2015 to September 2016.

II. EMPLOYEE REQUIREMENTS

1. The Employee will act in an appropriately professional manner and be responsible for conducting professional English Language classes.

2. The Employee will be required to work for regularly scheduled hours from Monday through Friday (Saturdays and Sundays are optional), 35 hours of teaching (45-50 minutes) per week, or a total of 140 hours per month.

3. The Employee will be required to receive a 4-hour-teacher training provided by the Education Ministry. Since it is a teacher’s obligation, the Employee will not get paid for attending the teacher training.
The Employee needs to pay for the necessary fees for the training. The time and place, which can be different every year, for the training will be arranged by the Education Ministry. The Education Ministry will announce the time and place for the training yearly and the training can be held on weekends.

III. SERVICES PROVIDED BY THE EMPLOYER

1 The Employer will pay a monthly salary of 2,200,000 won for regularly scheduled hours. The tax will be governed by the appropriate laws of the Republic of Korea.

2 The Employer will pay a monthly salary of 2,200,000 won in the event that the Employer is unable to provide the Employee with the regularly scheduled 140 hours

3 If the Employee fails to work the regularly scheduled hours due to tardiness, absence, illness, etc.; the Employee has to pay the subbing teachers W 20,000 per class.

4 The Employer may ask the Employee to work over time (the Employee is expected to cooperate to supply better service to his or her students), and if the Employee chooses to do overtime, the Employer will pay for the overtime at the rate of W 18,000 per hour.

5 The Employer will pay a monthly salary or the total sum of amount for one full month of work on the 10th of each month.

1 The Employer will provide the Employee a studio apartment in a safe environment with certain furniture items (bed, washing machine, gas range, refrigerator, fan or air conditioner, some utensils and cookware) and the apartment will be provided at no cost to the Employee with the exception of utilities and phone bills.

2 The Employee should have the duty to preserve the housing and the furniture items provided by the employer until the termination of this contract. If they are destroyed, the Employee should restore them to the original state or pay the cost needed in purchasing the same level of the substitutes of them.

3 The Employee should clean his/her apartment the Employer provides or pay the cost needed in cleaning his/her apartment at the termination of this contract.

4 The Employee should pay W100,000 to grow a pet in the provided housing. (Cleaning

1 One-way airfare (standard economy ticket) from the Employee’s designated city to Korea before departure will be provided only for the Employee who will be fulfilling a 12-month period and who has been hired outside of Korea. This is not applicable If the Employee leaves the school before six (6) months, the employee must payback the initial airfare or the employer may deduct the amount of airfare from the teacher's

2 In the event when the airfare is paid by the Employee him/herself before departure, the airfare will be reimbursed by the Employer after the issuance of an E-2 Visa from Korean Immigration Office.  The reimbursement is subject only to the Employee who will be fulfilling a 12-month employment period.

3 In the event of the contract renewal, the Employer will not pay for the flight back to the Employee’s mother country on the basis of the previous contract. However, the Employer will pay for the flight back to the Employee’s mother country on the basis that the Employee completes his or her renewal contract.

The Employer will provide lodging, if necessary, for the Employee’s stay for the orientation and training period at a facility provided by the Employer.

5. HEALTH & PENSION PLAN

1 National Health Insurance Plan
The Employer will pay 50% of the premium for the Employee’s health plan, which is provided by the Employer and administered through the Employer (Participation in a health plan is optional). The Employee will be responsible for the rest of the costs.

The Employee and the Institute could make regular contributions to the Employee’s pension fund, as stipulated by the rules and regulations of Korean National Pension Corporation. The Employee will pay 50% of the pension while the Institute pays the rest of the pension.

The Employer will pay severance to the Employee upon completion of contract.  The amount of the severance pay will be the same of a month salary (2,200,000won), and if necessary, applicable government deductions will be subtracted.

If Employee extends his/her contract, the amount of the severance pay will be added in proportion to extended months.

The method of calculating added severance pay: A month salary divided by 12 and multiplied by the extended months

PAID VACATION

1 The employee will receive paid vacation of 7 days during the contractual period. The vacation will be in the summer and in the winter. During the aforementioned vacation, the employee’s salary is still paid without any deductions.

During national holidays, according to the ________ ’s schedule, the Employee can work, and the Employee will be paid on a daily rate.can work, and the Employee will be paid on a daily rate.

The method of calculating daily rate: Monthly salary divided by 30.

Employee has left paid vacation, that will be paid on a daily rate at the termination of this contract.

The method of calculating daily rate: Monthly salary divided by 30.

IV. RENEWAL & TERMINATION OF CONTRACT and DISMISSAL

1 The Employee must give the Employer a written 2-month notice before renewal or non-renewal of the employee's contract.

2 Both the Employer and the Employee reserve the option to renew the contract.

2. TERMINATION OF CONTRACT

1 Both parties will give at least a written 2-month notice prior to the termination date of the contract.

2 The Employer retains the right to terminate the contract immediately if:

i. The Employee is unable to discharge the responsibilities or meet the conditions such as being late for class on a continuous basis; continuous failure to keep regularly scheduled class hours and repeated absences from classes without a valid reason.

ii. The Employee teaches off the Employer’s property.

iii. The Employee uses illegal drugs or is intoxicated during working hours.

iv. The Employee participates in any type of criminal activity of corruption of
public moral that violates the laws of the Republic of South Korea.

v. The Employee receives 3 times of written notice from the Employer.

3 If, for any reason, the contract is terminated before the full completion of the contract

The Employee will not qualify for benefits such as severance pay and the airfares.

ii. The Employee will be wholly responsible for any utilities/maintenance and
phone bills remaining for the duration of their housing lease.

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.

The employer and employee agree that this agreement is fully legal and binding under the laws of the Republic of Korea and may be terminated by the employer at any time should one of the following conditions arise:

i. The employee or any of his/her dependents act in violation of Korean law.

ii. The employer discovers that any documents or information provided by the employee regarding his/her credentials or qualifications for employment has been falsified or deliberately fabricated.

iii. The employee’s conduct seriously jeopardizes any student or staff person or has drug, and/or alcoholic problems.

iv. The employee is deemed to be incapable of delivering the curriculum and

_______’s teaching method in a positive and professional manner.

v. The employee doesn’t observe the business hours more than 3 times a month.

vi. The employee is considered to be an unqualified teacher in that the Employee has customers’ complaints about his/her teaching ability more than 3 times a month.

vii. The employee doesn’t finish an assigned work within a time limit without a special reason.

viii. The employee behaves in an inappropriate manner that Korean custom expects.

ix. According to the doctor’s diagnosis, the Employee can not continue normal work.

In addition, the teacher who is dismissed before six (6) months , he/she must payback the incoming airfare and the other recruiter’s arrangement fee or the school may deduct the amount from the teacher’s last month’s pay.

Teachers are not allowed to teach private classes outside of the employment without the permission of the employer. Such action grounds for immediate dismissal, in the case, Employer will not pay the teacher the return ticket & severance payment.
Such cases will be determined by the director and the employee will get dismissed after

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 agreement 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 Section IV, 2 above.  Upon such termination, both parties will agree to remain civil and to speak honestly and fairly about their experiences and not in a disrespectful manner.

The Employer and the Employee will act in good faith toward each other. The Employer will not dismiss the Employee without what is reasonably 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 entirety of this Employment Contract 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, whether verbal or other, without the knowledge and written consent of both parties are to be considered invalid, and as such are not parts of this contract.

3. TRANSFERAL 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 Employer.

4. LANGUAGE OF CONTRACT

The language of this contract is written in English.  For convenience of the employer this contract may be translated into Korean upon request and prior to the signing of this document.  In event of a dispute, the English version of this contract will prevail.

At all times during the term of this contract, males should wear shirts and shoes, and females should wear dresses or professional pant suits unless otherwise instructed. A male employee should not wear sneakers and sandals. At no time will a female employee wear short length skirts or what may be deemed as too provocative as seen by Korean acceptable

VII. ADDITIONS TO CONTRACT

All other matters not stated above will be based on Korean relevant laws and regulations including The Labor Standard Act, regulations about employment and __________

[Coltronator]

Section 5 has lots of "can" and "optional" ask them to replace the can with "will" and remove the optional

[Fallacy]

[Keeper]

140 hours a month, 7 days vacation, 2.2 million....

Don't make the mistake that 45 minutes = 1 hour. So after 4 classes you will have taught 3 hours. Do the math.

It's bad and yeah wrong place to post.