Korean Job Discussion Forums

[clairemarie93]

I am going to Korea in February of next year and am currently trying to weigh up the pros and cons of two schools.
The first school is in Paju city. The pros are that the school has a great reputation for treating teachers well and I even skyped one of the teachers who is currently working there (another Irish!) and he gave them a great review and couldn't recommend them enough! However my problem is the location! Paju seems quite secluded to me, from what I've seen online and I had an idea in my head of being right near one of the bigger cities!
The second offer is for and ECC school in Buk-gu in Daegu. The location of this school is perfect for me exactly what I had in mind! However the school itself is what I'm having doubts about. I have seen mixed reviews online and can't seem to get a solid impression. However the director seemed great in the interview I had!
I know that there is a contract sticky somewhere but I'm new to the forum and I can't seem to find it! I hope it's ok to post the contracts here!

[clairemarie93]

Here is the ECC contract:

EMPLOYMENT AGREEMENT




This EMPLOYMENT AGREEMENT has been made this _______by and between: a Korean company having its office at Daegu, Korea (hereinafter referred to as "employer") and ___

Employer and employee, in consideration of the mutual promises and covenants contained herein, agree as follows:

1. Employee hereby accepts Employment from employer to teach the English language in the form and manner and under the terms and conditions set forth here in this agreement.

2. Term of Agreement

2.1 The "Term of this agreement" shall include twelve (12) full and consecutive teaching sessions, and all scheduled vacations and holidays, which fall between or during teaching sessions. The total term of this agreement is approximately twelve months, commencing from the End of Feb. 2016 and finishing on the last day of the session End of Feb. 2017 .
2.2 Employee agrees to discontinue residence in Korea under the visa status sponsored by employer within five days of termination of employment.
2.3 Periods of employment of employee beyond that covered by this agreement must be agreed to by employee and employer, in writing, at least two months before the expiration of the term of this agreement.


3. Duties

3.1 During the term of this agreement, the employee will be required to prepare to teach and carry out all required administrative duties connected with classes assigned by the employer such as lesson preparations, student evaluations, teacher meetings, workshops and mandatory arrival time. Employee agrees to attend meetings and training workshops scheduled by employer. In these training sessions employee will be informed of matters relating to employee’s duties and the operation of the institute and employee’s professional development. No payment in excess of or in addition to employee’s monthly salary will be made for attending meetings or workshops scheduled by employer.
3.2 To meet the minimum teaching requirement of this agreement, the number of teaching periods shall be 100 actual teaching hours (1 hour= 60 mins.) per session equal to 150 forty minute classes. The number of scheduled teaching days does not include Sundays, public holidays, scheduled vacation days.
3.3 The employer will have the authority to require employee to perform any classroom duties in excess of the minimum teaching requirement (such excess hereinafter called "overtime"), but the employer will not have the authority to require employee to teach more than 120 teaching hours each month, unless employee consents there to. Only teaching classes in excess of the minimum teaching requirement and approved by the employer are considered overtime. Employee will be paid at the rate of 20,000 Won for each teaching hour as overtime payment



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3.4 The employer has the authority to assign employee some non-teaching hours, within the limits on total work hours set forth herein above.
3.5 At all times during the term of this agreement, employee will directly adhere to and obey all the rules and regulations that have been, or may hereafter be, established by employer for the conduct of employee or generally for the conduct of instructors at the place of employment.
3.6 Employee agrees to dress appropriately at all times when teaching or when present on the premises of the place of employment and to follow the advice, directives and policies of employer regarding what constitutes appropriate dress.
3.7 Employee understands and agrees that, at all times during the term of this agreement, employee will strictly adhere to and obey all laws, regulations, provisions, instructions, and guidance from the Government of Korea or any local government or officials thereof.
3.8 Employee agrees to be present at the place of employment at least one hour before the commencement of each days allocated teaching schedule to allow time for organization of teaching materials and preparation for the days lessons. During the first 3 months of employment all first-year ECC employee (s) will be required to arrive earlier to prepare for lessons at least 2 hours per day or according to the employer’s academic standards. Failure to abide the mandatory preparation and arrival time can result in verbal or written warnings being issued to the employee. Employee(s) teaching before 10:00 am may arrive 30-minutes before their first class.
3.9 Employee will get warnings and deduction 100,000 won from payment when we get serious complains from parents by employ’s class attitude. When employee gets second warning, employ could get fired.

4. Compensation and Other Treatment of Employee

4.1 Transportation: Employer will not provide for employee an economy class ticket for passage to Korea from an international airport which is mutually agreed to by employer and employee (henceforth referred to as point of departure). On completion of the full contract period (1 year), employer will provide for the employee an economy class ticket for passage from Korea to point of departure. Air tickets provided cannot be exchanged for cash equivalents or transferred to persons other than the employee. Employer does not agree to, and is not liable for, compensation to employee, whether in cash or otherwise, for air ticket which is not used by employee.
4.2 Orientation and training: Shortly after arrival in Korea, employee will be required to undertake orientation and training intended to provide employee with the requisite familiarity with institute operation and policies and to ensure that employee possesses adequate knowledge and skills related to duties of employment.
4.3 Salary: Employer will pay employee as compensation for all services rendered a monthly salary of
2,100,000 won for each month of the contract period with employer. Salary includes legal allowance which is fixed by law. Salary will commence from the first day of teaching. Payment for part of a month of employment will be calculated on the number of days employed. Payment of the aforesaid salaries will be made in Won. Korean income taxes and Korean National Pension Scheme deductions will be withheld. Monthly salary payments will be made on or before the tenth day of the month following the month during which the employment services were provided.
4.4 Severance Payment: Dependent upon completion of the full contract period (1 year), the employee will be given an additional regular monthly salary payment. Korean severance tax will be withheld. In the event that the employee does not renew or extend employment under a subsequent employment agreement with employer, this payment will be made at the time of completion of the contract period.
4.5 Holidays and Vacation: Employee will be entitled to observe public holidays and receive vacation days during the contract term according to a yearly schedule provided by employer before the commencement of the year to which the schedule refers. There are at least 9 vacation days in each calendar year (January-December). Public holidays and vacations can only be taken as scheduled.



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4.6 Absence from Duties: Salary is not maintained when employee is absent from teaching duties. Employee is entitled to 2 paid sick days. In the event that employee is absent from duties for whatever reason, monthly salary will be reduced according to the length of the absence. Reductions will be based on basic salary rate. Transference of teaching duties by employee to persons other than employee is not possible without the permission of employer.

4.7 Emergency Leave: Employee will be eligible to receive up to five (5) days of paid emergency leave in the event of death or up to four (4) days of paid emergency leave in the event of serious illness in employees immediate family. The immediate family of employee for the purpose of this paragraph will include only parents, grandparents, grandchildren, spouse, children, brothers and sisters. Such emergency leave will be granted at the sole discretion of employer. The employee will bear the cost of transportation in the event of a need for emergency leave. Payment for emergency leave will only be made in the event that the employee resumes duties with the employer.
4.8 Medical Insurance: 50% Health Insurance Fee Sponsorship ; Employee will be covered by medical benefits. The cost of this coverage will be borne half by employer and half by employee. Due to requirements from the immigration and taxation departments, coverage will commence approximately 3-4 weeks after arrival in Korea.
4.9 Accident Compensation: In the event that employee sustains injuries from an accident or mishap during the course of normal work duties, or within the premises of place of employment, employer agrees to pay all medical and hospital costs which are in excess of those covered by medical insurance.
In the event that employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties, employee understands and agrees that employer will have no responsibility for, nor obligation to pay, medical and hospital costs which are in excess of those covered by medical insurance.
4.10 Housing
4.10.1 Employer will select and provide furnished single private studio accommodation for employee. . Furnishings provided by employer for employee will include: Kitchen table and chairs, two-burner gas hotplate, refrigerator, television, washing machine, bed, wardrobe, air-conditioner and kitchen utensils .Employer supplies pillow, bed sheet and blanket. Employee will not be held responsible for furnishings/items that need repair or replaced due to normal wear and tear. In the case items are damaged through neglect or destruction by employee or his/her visitors then the cost of repair or replacement will be borne solely by the employee. Employee will be responsible for maintaining the accommodation in the same order employee received it under which shall include cleanliness of all living quarters, kitchen, kitchen sink, bathroom and furnishings. In the event employee must hire a cleaning person to restore employee’s accommodation the cleaning fee will be deducted from employee’s salary or housing deposit.

4.10.2 Employee is responsible for all maintenance, utility and telephone and internet service charges for accommodation. Maintenance and utility charges will depend on employee’s usage.
4.10.3 Employee agrees to pay employer a housing management deposit to cover unpaid monthly service, utility, and telephone charges. Such deposit amount to 600,000 won being payable to employer in three equal installments will be deducted from the salary during the first three months of employment with employer. Dependent on written guarantee from a guarantor acceptable to employer, employer agrees that the deposit will be returned, in full, to the employee at the time of completion of employment with employer, including any period of employment beyond that covered by
this agreement.


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In the absence of such written guarantee, employer will hold the full amount of the deposit until all outstanding monthly service, utility, and telephone charges have been paid. In the event that employer makes payments covering monthly service, utility, and telephone charges on behalf of employee, the amount of such payments will be deducted from the deposit and the remainder of the deposit returned to employee. Employer agrees that payment of remaining amounts of the deposit will be made to employee within ten days after all outstanding monthly service, utility, and telephone charges have been paid.


5. Dismissal or Voluntary Resignation

5.1 Employer will have the right to dismiss employee for unwillingness or inability to meet conditions of employment as set out under this agreement, including neglect of duties. Prior to any such dismissal, employee will be warned of dissatisfaction with performance or conduct and will be afforded an appropriate period in which to remedy the same.
5.2 Employer will have the right to dismiss employee for conduct seriously jeopardizing any student or staff person, or for criminal activity. In such instances, employer has the right under this agreement to execute immediate dismissal and no warning nor time for remedy need be allotted.
5.3 In the event that the employee is dismissed, or in the event that the employee voluntarily resigns prior to the termination of the term of this agreement, employer will be obligated to pay all salary due to date of termination. Employer will have no duty and will not be obligated to pay the cost of return transportation to point of departure for employee, nor will employer be obligated to pay any severance pay.
5.4 In the event that employee resign prior to the termination of the term of this agreement, employee agree to reimburse employer liquidated damage fees in lieu of all initial cost incurred by the employer. In the event employee resign within the period of 90 days employee agree to reimburse damage fees of 2.2 million won or in the event employee resign between 90days and 180days employee agree to pay their own airfare.
5.5 In the event that war, civil disturbances, or political conditions prompt a directive from the government of the Republic of Korea or the government of employee’s citizenship to leave Korea, this employment agreement will be terminated as of the date of such directives. In such case, employer will provide to employee an air ticket to point of departure, irrespective of length of employment period. All salary due at date of termination will be paid. Pro-rated severance pay will be given for periods of employment of less than twelve months


6. Covenants

6.1 Employee hereby agrees, covenants, and undertakes that he/she will not undertake any teaching duties or employment with any persons or organizations other than the employer. Failure to comply with this article is cause for immediate dismissal.
6.2 Employee hereby agrees, covenants, and undertakes that he/she will not disclose teaching materials, syllabus details, or any other information relating to the academic program, whether verbally or in written form, to individuals or corporate entities not employed by employer.
6.3 Unless agreed to in writing, the employee understands and accepts that the rights to use, sale, distribution, or publication of all original material produced by the employee during the course of employees employment, and for which the employee is compensated as either regular pay, as overtime, or in an agreed-upon lump sum, remain the sole property of employer.





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7. Merger Clause: This agreement constitutes the entire understanding between the parties hereto with respect to the subject matter hereof, and supersedes all previous negotiations, commitments, and writings with respect hereto. No modification of this agreement will be binding or have any legal effect unless set forth in a written agreement amending this agreement and signed by both parties hereto. Furthermore, this contract nullifies and voids any previous contract between the two parties.


8. Indemnification Clause: Employee will indemnify and hold harmless employer and employers representatives from any damages which employee may sustain, in any manner, through the misconduct or negligence of employee
.
9. Waiver: The failure of either party at any time to enforce the terms, provisions, or conditions of this agreement will not be construed as a waiver of the same or of the right of such party to enforce the same.


10. Governing Language and Jurisdiction: This agreement has been drawn up and has been executed in the English language; and the English language text of this agreement will govern and prevail over any translation thereof. This agreement will be interpreted according to the internal (domestic) laws of the Republic of Korea. A competent court in the Republic of Korea will have jurisdiction in regard to any dispute or claim arising out of, or in connection with, this agreement.



Employer and employee have executed this agreement on the date indicated below. Intending to be legally bound to, and in witness of, employer and employee have appended their signatures.

[clairemarie93]

Here is the contract for the school in Paju city:




Employment Contract


Position: English Language Instructor


Employer


Employee
School’s Name:



Employee’s Name:




Mailing address :


(Hereafter to be referred to as the
Employer)
(Hereafter to be referred to as the
Employee)





The parties agree as follows:

I. TERM OF CONTRACT

This contract will be valid for a period of 12 months beginning at the end of February, 2016 and ending at the end February, 2017.

During the duration of this contract and without prior consent of the employer, the employer can deny a release letter to the employee seeking another job position elsewhere.

II. EMPLOYMENT REQUIREMENTS

The Employee will act and work in a professional manner with appropriate attitude as a teacher and be primarily responsible for conducting professional English language classes. The employee is required to respect school policies including presented dress code, language use, and general behavior.

The Employee will be required to stay at the school from 9:00 AM to 6:00 PM, Monday through Friday- 30 hours of instruction per week.

Class preparation, teachers meetings, field trips, presentation meetings for parents, open classes, events for children like Christmas party and other administrative duties including workshops from Hopeschool related to teaching are not considered as teaching hours.
The teacher must be adequately prepared for the classes in advance, preparing a detailed lesson plan for every class, every day.
The Employee is required to go through an orientation and training program nonpaid before starting Employment. They will be responsible for familiarizing him/herself with the curriculum and their duties.
The Employer may ask the Employee to work overtime, the Employer will pay for the overtime at the rate of \20,000 per hour.
The Employee may co-teach with Korean Teachers for their classes, therefore communication and bilateral support for successful performance is required.
The employee can be asked to assist in the development of teaching materials related to English language education.
The employee is required to assist in activities related to English language education and other extracurricular activities within the place of employment.
The employee is required to perform other duties as designated by the employer.

III. SERVICES PROVIDED BY THE EMPLOYER

1. PAYMENT-

The Employer will pay a monthly salary of 2,100,000won for regularly scheduled hours on the 10th of each following month. The Housing cost is paid by the employer. Total dates for a month count as 28 to 31days.

1.2 The Employer will still pay a monthly salary of 2,100,000won in the event that the Employer assigns the Employee less than 120 hours per month.

1.3 The Korea Income tax rate of 3-5% will be deducted from the monthly Employee’s salary

1.4 When the Employee fails to complete the scheduled hours due to tardiness, absence, and etc, the monthly salary will be calculated using a daily rate or an hourly rate (Daily rate: Monthly rate divided by workable days of the month multiplied by the actual work days. Hourly rate: Daily rate divided by 6).

1.5 The employee have money on monthly deposit of 30,000won for nonpayment of utilities expenses, damage of commodities and return of tax.

1.6 The employee will open a bank account at the Woori Bank for the purpose of direct deposit of monthly salary.

2. HEALTH PLAN

2.1 Ordering medical insurance is not optional. The Employer will pay 50% and the Employee will be responsible for the remainder, which is taken from the employee’s monthly salary.

3. AIRFARE (Reimbursement)-

3.1 The employer will pay the cost of a one-way ticket to Korea for the employee. The employee will be reimbursed the cost of the airfare within 4weeks of arriving to South Korea.

3.2 If the teacher leaves the school prior to completing 8 months for any reason as agreed to in this contract, the teacher must reimburse the school the cost of the airfare paid by the school or the school may deduct the equivalent amount from the teacher’s last month’s pay.

3.3 Before the employee purchases a ticket, the employee must consult the school. The employee and Hopeschool must come to an agreement before a ticket is purchased.

4. SEVERANCE PAY

4.1 The Employer will pay one additional monthly salary as severance to the Employee upon completion of a 12-month period at the end of the contract (1 year). The severance pay will be calculated as follows: the Employee’s gross income divided by twelve with government tax deductions. In order to pay severance pay, the employee should notice the date of completion day at least 20days before the last day.

5. VACATION

5.1 The Employee shall enjoy paid vacation during the contract year. The paid vacation will be normally 5 days for summer and 5days for winter but the schedule can be changed by school’s yearly schedule.

5.2 The Employee will be paid for all national holidays and not be expected to work during these days.

6. SICK DAYS

6.1 The Employee may use up to 3 paid sick days per year with a doctor’s note, and after the 3 sick days have been used, it will be counted as an absence and pay will be deducted based on the Daily /Hourly Rate. (Refer to 1.4)

7. ACCOMMODATIONS

7.1 The school will provide the teacher with furnished accommodation or a housing subsidy.
7.2 Furnishings being provided by the employer include: television, refrigerator, washing machine, bed, bed clothing, air conditional, gas stove, basic utensils,.
7.3 The deposit and monthly rent is the full responsibility of the employer. However, if employee wants to change one’s conveniences, employ has to pay additional fees including additional rent fee, etc and it will be the employee’s full responsibility if additional fees occur.
7.4 Any and all other living costs are to be the full responsibility of the teacher. (All utilities: gas, electricity, telephone, cable, internet, management fee etc.)
7.5 The Employee must leave the housing in the same clean condition as when it was first occupied and the Employee shall be liable for any damage to the furniture and/or appliances, occurring during the period occupied by the Employee. Payments for damages shall be deducted from the monthly deposit Employees must give to the Employer. "This deposit is mentioned previously in section 1.5"

IV. RENEWAL & TERMINATION OF CONTRACT

1. RENEWAL

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 at least a written 90-day notice prior to the termination date of the contract.

2.2 The Employer has the right to terminate the contract immediately if:
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.
The Employee damages the Employer’s property without the consent of the Employer
The Employee uses illegal drugs or drinks on duty.
The Employee participates in any type of criminal activity, which violates the laws of the Republic of Korea or public morals.
The Employee neglects work instruction more than three times of written warnings.
Employee has two jobs at the same time.
Employee is unable to finish contract length without a valid reason.

2.3 If a teacher fails to prepare properly up to Hopeschool standards, a written warning will be given. After three written warnings the contract could be terminated.

2.4 If, for any reason, the contract is terminated before the full completion of the contract period:
The Employee will not qualify for benefits such as severance pay and airfare.
The Employee will be wholly responsible for any utilities/maintenance, commission for real estate agent, moving expenses and phone bills remaining for the duration of their housing lease.
2.5 Within 14-days of termination the Employee is required to sign a notice of termination and accompany the Employer to the Korean Immigration Office to notify.




V. VENUE FOR DISPUTES BETWEEN EMPLOYER AND EMPLOYEE

1. The relevant 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.

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 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 both 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 otherwise, without the knowledge and written consent of both parties are to be considered invalid, and as such are not part 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 Employee.

4. LANGUAGE OF CONTRACT
The language of this contract is written in English. For the convenience of the Employer this contract maybe translated into Korean upon request and prior to the signing of this document. In the event of a dispute, the English version of this contract will prevail.

[goat]

Don't even consider this ECC school. I don't need to see the contract. I know the school, well.

I see some things that don't look good in the Paju contract but the school might be okay. I could live with the contract if all else is positive. I'm okay with most any location even though it is somewhat remote. Some people prefer only big cities.

[clairemarie93]

Is this ECC just bad in every way? :/
What doesn't look good with the Paju school?
Thanks

[tophatcat]

[clairemarie93]

Ah.. I had being banking on the Paju school being a safer offer! does anyone have recommendations for any more reputable recruiters?

[clairemarie93]

I'm not very demanding in what I'm looking for! Just somewhere near a city with daytime hours and I'm happy!

[trueblue]

[clairemarie93]

[Keeper]

In the end you will need to make the decision of where to work. It's fine to ask about a school or post their contract in the contract thread. Still the answers you get will have to be sifted through as well. Only you know what you can put up with and what are deal-breakers. Paju is not that "bad". Ten days vacation and three days sick-leave. You also do not have to work the Korean holidays and are in fact PAID for them. That is unusual to see in a contract.

The pay is bad 2.1 and the amount of hours is also quite a bit (thirty hours). I think though that is because the industry is on it's last legs. You should take the negatives told to you about this position and ask the teacher you spoke to previously what they say. Also ask about the accommodations. You should ask how far it is from the school, how you get to the school, the size of the place, etc.

[clairemarie93]

The biggest dealbreaker for me is the location and that's pretty much the only reason I'm hesitant about Paju

[northway]

[CentralCali]

Note: I asked the mods/admins to move these posts for you to the contracts thread.

[CentralCali]

I have to go downtown in a few minutes, so I'll dissect the second contract when I get back. First blush: it's not as bad as the first one, but it's still not good.