Korean Job Discussion Forums

[tessg]

CLAUSE 1 (APPOINTMENT)

a. “Employer” agrees to employ the “Teacher” during the period stipulated herein.

b. The “Teacher” agrees to accept the employment and will work in his/her full capacity for the “Employer”.

CLAUSE 2 (PERIOD OF EMPLOYMENT)

The total Agreement term is one year from September 19th. 2016 to September 18th. 2017 commencing from the first teaching day and ending on the last teaching day of the teacher's twelfth full teaching session.

CLAUSE 3 (THE EMPLOYER'S RESPONSIBILITIES)

a. The “Employer” and “Teacher” are equal individuals working together to provide quality English instruction under the terms stated in this contract.

b. The “Employer” will honor the terms and conditions of employment for the “Teacher” as stated within this contract.

c. The “Employer” will guarantee the “Teacher” a salary in consideration of the teacher's teaching hours and proper preparation for the classes.

CLAUSE 4 (THE TEACHER'S RESPONSIBILITIES AND DUTIES)

a. During the term of this Agreement, the “Teacher” must cooperate and comply with the instructions and disciplines of the “Employer”. Assisting the Supervisor of Director, he/she must carry out assignments as directed by the “Employer”.

b. At all times during the term of this contract, “Teacher” must maintain a clean and neat appearance. While suits and ties are not mandatory, a professional appearance is desirable.

c. The work of “Teacher” will include the following:

1. Teaching the English language (Target students' ages: 6 - middle School)

2. Development of educational programs and materials

3. Curriculum design and implementation

4. Indoor and outdoor classroom activities for/with students

5. Level testing, grading, evaluation, and assessment of students

6. Providing students with individualized care

7. Attending teacher's meetings and workshops

8. Other related school activities

CLAUSE 5 (WORKING HOURS)
a. During the term of this Agreement, the “Teacher” should work in cooperation with the Supervisor or Director from Monday through Friday.

b. “Teacher” will be required to attend some special events throughout the year on a Saturday. For the past few years, there has been only one Saturday activity – Sports Day in the fall. “Teacher” will not receive
additional compensation for these days, but, traditionally, the Saturday hours are compensated with time off the following Monday.

c. The “Teacher” agrees to teach a maximum of 120 teaching hours per month (maximum 30 hours per week) and to adequately prepare for classes.

d. The full school day is from 9:50 AM - 7:30 PM, Monday-Friday, but the “Teacher” will not be required to work the entire day. If the “Teacher” has the first class, he/she must arrive at 9:40. If the “Teacher” starts late, the “Teacher” should arrive five minutes before the class starts. When the “Teacher” has a break, he/she is free to leave as long as he/she is prepared for class. If the “Teacher” leaves during the break, he/she must return five minutes before the next class. If the “Teacher” finishes the day early, he/she is free to leave. If the “Teacher” starts the day late, he/she is free to arrive late as well. The “Teacher” will also be provided many breaks throughout the day and is free to leave as long as he/she is prepared.

CLAUSE 6 (SALARY AND OVERTIME RATE)

a. The “Employer” agrees to pay the “Teacher” salary of x.x million Korean won per month.

b. The payment of the salary is to be made once a month on the 2nd of the every following month. If that day falls on a holiday, or weekend, the payment is to be made on the immediately preceding business day.

c. Each hour exceeding the 120 hours per month will be considered as overtime. The payment for the overtime will be xx,000 won per hour. Attendance at scheduled staff meetings (once every Monday morning) and teacher's training workshops, along with preparation for classes is mandatory and not considered as overtime.

d. Salary, overtime pay, and fringe benefit condition should be kept confidential.

CLAUSE 7 (TAX, Etc)

a. Income tax and inhabitants' taxes will be withheld in accordance with the Korean tax law.

b. The “Employer” shall enroll the “Teacher” in the National Health Insurance Program under the Korea Health Insurance Act. The monthly premium is to be shared equally by the “Employer” and the “Teacher”, and the employee’s portion of premium shall be withheld from the monthly salary and paid to the authorities together with the employer’s portion of the premium.

c. The “Employer” shall enroll the “Teacher” in the National Pension program under the Korea National Pension Law. The monthly contribution is to be shared equally by the “Employer” and “Teacher”, and the employee’s portion of contribution shall be withheld from the monthly salary and paid to the authorities related together with the employer’s portion of the contribution.

CLAUSE 8 (VACATION and HOLIDAYS)

a. The “Teacher” will be allowed to have all national holidays (red calendar days) off.

b. The “Teacher” will receive five days paid vacation in summer and five days paid (non-holiday) in winter.

c. The summer vacation is usually scheduled for the last week of July (five uninterrupted work days) and the winter vacation is usually scheduled between Christmas and New Year. During the winter vacation, the “Teacher” may not receive five paid work days off all at once due to the holidays and the school calendar, but traditionally, the “Teacher” has received an extra day at Lunar New Year to compensate for the holiday vacation period. This occurs when Christmas and New Year fall mid-week.

CLAUSE 9 (ACCOMMODATION)

a. The “Teacher” will be provided furnished/equipped single accommodation, which will be located three minutes walk from the nearest subway station and above the school. Herald School staff will never come to the apartments unless “Teacher” is late to school. Items include, but are not limited to, single bed, sheets, table, wardrobe, chest of drawers, refrigerator, cooking range, utensils, plates, etc.

b. The monthly rent will be paid by the “Employer”.

c. The cost of utilities for the accommodations will be paid by the “Teacher”.

d. For the first three months, the “Employer” will withhold a security deposit of 200,000 won each month (600,000 Won in total) to cover any damages of the apartment. This will be returned at the completion of your contract.

CLAUSE 10 (YEAR-END BONUS)

Upon completion of this one-year contract, the “Teacher” will receive one additional 1 month salary as a bonus. Taxes will be withheld from this payment.

CLAUSE 11 (TRANSPORTATION)

a. An economy class air-line ticket from the home city of the “Teacher” to Incheon International air-port will be provided to the “Teacher”.

b. If the “Teacher” leaves the “Employer” within the first six months of the contract term, the “Teacher” will reimburse to the “Employer” the cost of the air-line ticket that has been provided by the “Employer”.

c. When the “Teacher” completes the full contract term and wishes to return to his/her home country, the “Employer” will provide an economy class air-line ticket for the “Teacher” to return to his/ her home country. If the contract is terminated or closed before the end of the contact term, the return ticket shall not be provided.

CLAUSE 12 (SICK DAY & ABSENT)

a. The “Teacher” will be allowed 3 paid sick days.

b. The “Teacher” must provide doctor's note and contact one of the school superiors.

c. If the “Teacher” is sick for more than 3 days or absent for any reason, he/she must pay for their missed classes.

d. For every missed class, “Teacher” must pay 15,000won.

e. The “Teacher” will receive a bonus of 50,000 won for every sick day that has not been used.

CLAUSE 13 (DISMISSAL OR VOLUNTARY RESIGNATION)

a. The “Employer” reserves the right to dismiss the “Teacher” from employment for the following causes:

1. Neglect or inability to perform his/her duties stipulated in this agreement

2. Frequent absences from work or lateness.

3. If the “Teacher” arrives late 5 times, he/she will receive a written warning.

4. Receiving two warning letters

5. Criminal behavior or misconduct

b. The “Employer” agrees to give the “Teacher” 30 working days notice in the event of dismissal.

c. However, in the case of a teacher's criminal behavior or misconduct, he/she will be dismissed from employment immediately with no warning or notice.

d. In the event the “Teacher” wishes to resign from his/her employment, he/she can do so by giving at least 45 working days notice to the “Employer”.

CLAUSE 14 (GOVERNING LAW & JURISDICTION)

a. This Agreement is governed by the law of the Republic of Korea.

b. This Agreement is made final and firm unless any material modification or amendment to this Agreement is executed with the full knowledge and consent of the undersigned and incorporated into this Agreement.


The only thing that really stands out to me is the 600,000 won security deposit... that seems exorbitant. But can I really do anything about that? Is there any other red flag I should be worried about? Thanks in advance!

[CentralCali]

The illegal monetary penalty doesn't stand out to you?

[tessg]

[Francis-Pax]

[TheUrbanMyth]

Things that stand out to me are (in addition to what has already been mentioned)

5(d) That is pretty clearly a split shift schedule. This can be more exhausting than a regular block schedule as the day is longer.

6(c) Make sure that the OT rate is not less than the regular rate. Korean hakwon directors love to pull this little trick. If your salary is 2 M/month 120 classes then divide salary/classes and you would get 16666 (roughly) per class. So if they offer any less per hour OT rate (in the above case) you are getting cheated.

7 (a) Be sure to get the rates for the taxes mentioned here written in BEFORE you sign.


9(a). You are living above the school...on other words IN the school or on school property? Good for the director as he can just walk over there if he needs you to teach an extra class or something but not so good for you in terms of privacy. I would want my own separate living accommodations.

[mortonclub]

Never live above/in the school.
Would you live at your workplace now?
It's good for the school in that they don't have to pay anything but you really don't want to live where you work. They will be at your door all the time.