Korean Job Discussion Forums

[editrice74]

Of course I looked for the legendary sticky contract review thread, but it doesn't seem to exist anymore!


Hi, all! I just received the contract for an academy job that I'm actually jazzed about after speaking to the foreign teacher I'd be replacing. The hagwon is part of a chain with one or two blacklisted branches in other cities, but this one just opened in January in a small city. I've seen the chain's standard contract all over ESL Cafe, and it's pretty awful, so I was surprised to receive this one the school leadership seemingly wrote itself.

It's brief, and while I love that it omits all the obscure, slave-driving minutiae that so many hagwons include in contracts, it also leaves out some key stuff (breakdown of apartment features and number of classes per day, for example) that I need to have the school include. I've put in brackets the areas I know I need to get revised; I would appreciate any insight on questions included in the brackets as well as red flags on areas I may have overlooked. This school is pretty new and I haven't found any reviews, good or bad, online, so I'd really love some feedback on this contract, especially if it needs ... more minutiae.


EMPLOYMENT AGREEMENT

1.INTRODUCTION: This is an agreement between [me] (hereinafter called `the instructor' or ‘the teacher’ or ‘ the employee’) and School Name **[This is part of a chain of schools; should I request that they specify location?]**_(hereinafter called `the institute' or `the school' or ‘employer’). The instructor agrees to teach students at the institute at the times designated by the institute management, and agrees to develop and present educational programs for the students. The instructor agrees to follow and strictly comply with the School's policies and guidelines during the period of this agreement.

2. CONTRACT DURATION:
(A) It is hereby agreed between the school and the instructor that the instructor shall teach at the school for one year, starting from Sep,1st 2016 to Aug.31.2017
(B) If the instructor wishes to renew his/her contract at the end of one year, he/she must inform the School two months prior to the end of one year's service, and the contract may, if both parties agree, be renewed at that time for another year by mutual agreement.

3. RESPONSIBILITIES OF TEACHER:
(A). The teacher is expected to devote no less than one or half hour a day at the institute for the lesson planning (class preparation) with co-teachers, student evaluations syllabuses, report cards, field trips, consultation with parents, supervision of play, maintenance of the English environment during breaks, workshops, staff meetings, and upgrading ones professional knowledge and skills without additional pay **[uhhhh, shouldn't professional development be additional pay?]*. The work week will follow the yearly academic calendar issued by the school
(B) The instructor's working hours (1pm~8:30pm) shall be determined by the School's schedule **[Can't this just say "The instructor's working hours shall be 1pm to 8:30pm," period??]**. However, the teaching schedule can be changed according to School’s schedule. **[I need to request that number of classes per day is added, no?]**
(C) The instructor is responsible for familiarizing him or herself with all institute materials relevant to teaching at the School. The instructor shall faithfully teach and train students at the School.

4. TEACHER'S SALARY:
(A) The teacher's total monthly salary shall be XX million won. The teacher's annual salary will total XX million won. A severance pay bonus equivalent to one month salary will also be paid at the end of the contract. This compensation is in exchange for working an average of 8 hours a day, five days per week, totaling 120 hours a month during the contract year. **[This math doesn't add up; seems it should be 30 hours per week, especially in light of 30+ hours being overtime as stated below.]**
(B) On completion of one responsibilities of the full contract period, the severance pay is XX million won equivalent to the monthly salary. It will be paid only at the completion of the contract.
(C) If the instructor teaches, by mutual agreement of the instructor and employer, additional teaching hours over and above 30 hours per week. Overtime compensation at XX,000 Won/hour shall be paid for those hours.
(D) The instructor's salary will be paid monthly on the regular day for payment of instructor's salaries. **["Please specify which day of the month."]**

5. AIRFARE TO KOREA:
The instructor's one-way economy class or regular class airfare to Korea will be paid by the school. **["Please specify if this will be paid upfront by the school or simply reimbursed."]**

6. HOUSING:
(A) The institute will provide a private single person apartment or house **["If it is furnished, please state what is included. Similar clauses in other contracts state: The apartment will have a bed, heating and air conditioning, closet or clothes rack, a desk and chair, a refrigerator, a washing machine, a telephone, a stove, a TV, a kitchen and a bathroom. Minor improvements (replacing light bulbs, batteries) will be the responsibility of the employee while major repairs due to age or normal wear and tear and not due to negligence (washing machine, refrigerators) will be the responsibility of the employer." (Is that last sentence overkill??)]**
(B) Costs for all utilities, including lighting, heat, and water, shall be borne by the teacher.


7. VACATION TIME:
The teacher shall enjoy 10 days of paid vacation (in addition to all Korean
national holidays and Saturdays and Sundays). The paid vacation will be normally 5 days for Summer and 5 days for winter. But the schedule can be changed by school’s schedule. Documented sick leave and emergency leave will be paid for a combined total of 2 working days a year. The teacher should provide the institute with as much advance notice as possible. The teacher should submit doctor’s prescription to the school for approving sick leaves. Unused sick leave may not be converted into any cash payment. If it is found that the hours/days of absence reported as sick leave or emergency leave were not in fact for such purposes, related costs shall be subtracted from the following months pay. The above leaves will be included in the period of medical care compensation according to the Article 78 of Korean Labor Standard Law.

8. INCOME TAX:
Approximately 3.3 % per month of the instructor's salary shall be deducted by the employer as withholding tax as provided by Korean law. **["This is the rate for independent contractors, not employees." (Where do I direct the school for correct info??)]**

9. MEDICAL INSURANCE AND NATIONAL PENSION
Instructor will be covered by medical benefits under the National Medical Insurance Act of Korea, a Government Health Organization and National Pension Corporation Act of Korea **["If the National Health Insurance System of Korea and National Pension Service are meant here, can the contract state that explicitly?"]**. The cost of this coverage will be borne half by employer and half by instructor. Instructor's share of this coverage will be deducted from instructor's monthly salary.

10. DUTY OF SECRECY:
(A) The instructor shall not disclose any of the contents of this agreement, including salary, to a third party (including other employees of the school)
(B) The instructor shall not disclose any information relating to the contents of lecturers and business operation of the School without prior permission of the School. Violation of this portion of the contract will cause the Instructor to be responsible to compensate the School for all possible losses suffered by the School.
(C) If the school is breaking Korean law or violating contract, the instructor has the right to use legal channels regardless of duty of secrecy.

11. ADDITIONAL DUTIES:
(A) The instructor is required to conduct him/herself in a professional manner and to wear neat attire while at the school. Casual clothing is acceptable, provided that it is neat and clean.
(B) The following forms of behavior will not be permitted.
1) Not following scheduled class timetables and dismissing, canceling, or starting classes late without the prior approval of the institute director.
2) Conducting class while under the influence of alcohol, while smoking, or under the influence of illegal drugs.
3) Making sexual advances towards, or entering in to relationships with students or employees of the School.
(C) The institute shall have the right to terminate this contract if the instructor violates the contract or fails to conduct him/herself in a professional manner. At least 30 days termination notice will be given to the instructor in such case. In this case, the institute has no duty to give the severance pay bonus and return airfare to the instructor.
(D) If the Employee wishes to voluntarily resign from employment before the completion of this contract the employee must provide written notice to the Employer at least 2 months before the resignation
(E) For a dismissal or voluntary resignation within this Contract’s period, the employee
agrees to reimburse to school the cost of airfare which school paid to the employee plus
additional costs that school provided.(hiring other new teacher-recruiting fee) **[I know reimbursing recruitment fees is bogus, but how do I state that I want this line struck?]**
(F)The teacher cannot work for other schools or companies without the consent of the school.

12. Both parties have carefully read this contract; They have agreed to its terms in good faith; and they will attempt to resolve any disputes which may arise in accordance with the terms of the contract, and in a reasonable manner. All disputes which cannot be resolved by the parties to this contract will be resolved through the legal system of Korea in accordance with Korean law. I duly agree on the contract stated above.

**[I read somewhere that school contracts must show the school's street address -- true?]**


Date Aug. . 2016

Director Teacher
Name : Name :
Signature: Signature:

[TheUrbanMyth]