Korean Job Discussion Forums

[Us in DC]

Hi All. Please advise on the following contract.

I apologize in advance to those who are irritated about the excess of contracts that have been posted here as of late, but I have seen some very important information pointed that which I don't think I would have caught.

Please be as specific as possible about why you think certain issues are inappropriate. Further, say whether or not you would negotiate or drop it all together.

Thanks for taking the time to help.

EMPLOYMENT CONTRACT

This contract is made between:
________________________to be referred to as the Instructor and
________________________to be referred to as institute from this point forth.

TERMS AND CONDITIONS
Job Description;
The �employee� will work for the �employer� as an English Instructor. The duties of the �employee� will be as follows:.
a. Curriculum design and implementation.
b. Development of educational programs and materials.
c. Grading and evaluation of students.
d. Attendance at teacher�s meetings and workshops.
e. TTP Workshop can take place on Saturdays. Participation is mandatory.
f. Other activities directly related to teaching.

Place of employment:
The �employee� will work for the �employee at the following address:
Institute: �����___________________________________________________.

The �employee� will not be expected to work outside the place of employment except with a written approval from a Korean Immigration Official, and work outside the place of employment meets with the approval of the �employee� as well as the
�employer� Place of employment is defined as _________________________________ or
one of its affiliates.


3.Period of Employment:

Pending the issuance of an E2 visa from the Korean Immigration, the �employee� will work for the �employer� for a period of not exceeding one year in accordance with the E2 visa. The period of employment will begin on ___/___/200__ and end on ___/___/200____.

4. Regular Hours of Employment;

Each class will consist of approximately 40 to 50 minutes in length and will cover all of the duties mentioned in Section 1 above. 30 hours per week.
The �employee� will work from Monday through Friday (excluding Saturdays and Sundays),


Overtime Hours of Employment;

The �employee� may choose to work overtime hours at the following rate of ______________ won per hour.

Salary:

The base salary paid for regular hours of employment will be _______ million won per month. The pay period will begin on the ____th day of each month, and payable on the ____th day of every month following. Any errors should be brought to the attention of the director within one week.,



Income Tax
Income tax will be deducted 5% from the base salary in accordance to the Korean tax laws.



Health Insurance
The �employer� will provide adequate health insurance for the �employee� during the duration of this contract. The �employer� and �employee� will each share 50% of the total cost of the health insurance. Upon request the �employer� will provide the �employee� proof of health insurance coverage. The �employee� is also entitled to 3
paid sick days per year.




Housing

The �employer� will provide the �employee� with a furnished apartment consisting of, but not limited to, basic appliances. (TV, Microwave oven, refrigerator, washing machine, bed, linen, kitchen utensils,). The apartment will be provided at no cost to the �employee� with the exception of utilities, TV, and telephone bills. If the apartment is shared, then the bills incurred will be split between the persons sharing the apartment. The �employer� will ensure that the apartment is clean. In return for a furnished apartment, the �employee� agrees to respect and care for the apartment, with the exception of normal repairs. Any outstanding bill belonging to the �employee� will be the sole responsibility of the �employee�. In the event that the apartment is shared, the outstanding bill will be split evenly between all residents of the apartment.



10. Airfare

The �employee� will be provided with round trip airfare to from the Airport nearest their home to South Korea. The airfare will be provided to the �employee� prior to departure to South Korea. In the event that the �employee� decides to terminate this contract prior to 12 months of completion for reasons not in accordance with this contract, they will be required to reimburse the �employer� the full amount of the airfare.


11. Holidays

The �employee� will be paid for all Korean national holidays and not be expected to work during these days. The �employee� will only be provided with days off for Korean Holidays.


Vacation

The �employee� will receive 10 paid vacations days per year. The 10days will be taken at the end of July and at Christmas time. These are the days when school will not be in session. Days in which the �employee� does not regularly work (i.e. Saturday and Sunday) are not to be considered as part of the vacation period.



Severance Pay

Upon completion of this contract, the �employee� will receive one month�s salary as severance pay in accordance with Korean Labor Laws. Under no circumstances will this severance pay be withheld from the �employee�, with the exception of non-fulfillment of contract. If at anytime the �employee� terminates this contract for any reason prior to fulfillment, the contract is void and the severance pay will not be paid.

Rights and Responsibilities

Both the �employer� and the �employee� are to considered professionals and as such will treat each other with mutual respect and dignity. However, since the �employee� is working under contract for the �employer�. The �employee� will make every reasonable effort to follow the direction, training, and supervision of the �employer� and those appointed by him/her. The �employee� will also carryout the teaching assignments given by the �employer� in a professional manner.



Dismissal

The �employer� may dismiss the �employee� from employment under the following conditions:

i. Violation of the laws of the Republic of South Korea.
ii. Teaching classes while under the influence of drugs or alcohol.
iii. Being late for a class on a continuous basis.
iv. Continuous failure to keep regularly scheduled class hours.
v. Repeated absences from classes without a valid reason.


With the exception of 15.a and 15.b above, the �employer� must first bring the problem to the attention of the �employee� in writing and make every effort to resolve the situation. The �employee� will then follow the direction of the �employer� also and make every attempt to correct the problem. However, circumstances beyond the control of the �employee� are exempt from Section 15. Circumstances may include, but are not limited to accident, death, and illness or unpredicted events.

Termination of the Contract

With the exception of Section 15 of this contract, the �employer� or �employee� may cancel this contract with 30 days written notice. In the event that the �employee� seeks release from this contract, the �employer� must issue a letter of release to the �employee� upon request, without delay or fee being charged to the
�employee� or potential employers. Under no circumstances shall the �employer� refuse the �employee� a letter of release or hinder the �employee� from securing future employment in Korea.


Resolving Disputes:

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 15 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.

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�.

Changes to the Contract

There will be no changes or additions to this contract without the written consent and approval of 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 other, without the knowledge and written consent of both parties are to be considered invalid, and such are not part of this contract.


Release from Contract

With the exception of Section 16, both the �employer� and the �employee� are released from this contract in the case of:
vi. Death, war, accident, or unforeseen events.
vii. Failure to obtain an E2 visa from Korean Immigration.
viii. Failure to meet any or all of the terms and conditions of this contract.


Language of this Contract

The language of this contract is written in English. For the 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.
Both the �employer� and the �employee� have read and understood all the terms and conditions of this contract and do hereby enter into this contract, which will be binding upon all by all parties concerned and do so by mutual agreement.


Employment Period: ( ~ )

(starting date may change pending visa approval)



EMPLOYER: EMPLOYEE:



____________________________ ____________________________
Employer�s Signature Employee�s Signature



_____________________________ ____________________________
Employer�s Name Employee's Name



____________________________ ____________________________
Date Signed Date Signed

[Dalton]

[Us in DC]

Okay. That was definately not one of the things I saw. Thanks for pointing it out.

Is there anyway I can negotiate these terms to my advantage? Believe it or not this is the best offer we have thus far (I think).

Also, what do you think about the section about paying back my airline ticket, it that pretty common?

Thanks again.

[Saxiif]

[mog]

If you are terminated you have to reinburse them for flying you out to Korea? I haven't seen that.

[osangrl]

my tax is only 3%

[Dalton]

[mog]

So it's just a scare tactic?

I don't see the use. Those who probably would run would ignore it, and those who don't run don't need that clause in the contract. Right?

[Us in DC]

Okay here is another one that I am considering. This one is very long and I won't blame you if you don't want to read it.

If make a general comment let me know which contract you are referring to.

Employment Contract

This Employment Contract has been made by and between xxxxxx and xxxxxxxxx for one year employment from September 20th 2004 to September 20th 2005.

Schedule
The regular teaching time will be 120 hours a month (for example: 144classes of 45 minutes class), Monday through Friday. It includes 5 minutes regular short break time after class but doesn�t include times that are for class preparation, meal, staff meeting and seminar for training. Classes and teaching schedules will be organized by employer and will be flexible in accordance with the special needs and situations of the school and children

Pay/ Overtime
The Employer agrees to pay the Employee a basic salary 2.0 Million won per month. The salary will be regularly paid every month to the Employee.

As for the overtime teaching beyond 120 hours a month, the Employee will be paid 20,000 Korean won per hour (60 minutes). Overtime work except emergency should be informed to employee at least 7 days in advance and employee is to be positive to take it.

Although the Employer taught less than the regular 120 hours per month, the Employee will still be paid a base salary of 2.0 Million won per month.

Severance Payment
The Employee will be given a bonus of one month salary, 2.0 Million won as bonus (this means severance payment) for completing one year contract period. This amount will be paid at the time of, and is dependent on, the completion of the full contract term.

Air Ticket
Economy class air ticket from the nearest international airport ( Washington DC) to the employee to Korea will be provided on condition of arrival at the working place in Korea. A returning air ticket will be provided to the Employee�s home upon completing of the full contract period. Regardless of the point of departure, the return ticket will be provided to the nearest international airport(Washington DC) to the Employee�s home, and not to the point of departure, should they differ.

In the event that the Employee continues employment under a subsequent employment agreement with the Employer, the return air ticket will be provided at the time of completion of the subsequent contract period(s).

When the Employee resigns within 6 months from his/her arrival in Korea because of the Employee�s faults, the Employee shall reimburse the Employer the airfare paid at the time of arrival in Korea.

When the Employee resigns after 6 months from the Employee�s arrival in Korea and not completed 1 year contract, the Employer shall not give the Employee a returning ticket to his/ her home country.

Housing
The Employer will provide the furnished housing for the employee with the rental at the Employer�s cost as agreed upon by both parties and stated below.

* A private furnished 2 bed rooms apartment to be shared with Ms xx.

Running cost of the accommodation (including electricity, gas, water bills, telephone and other utility charges) other than the rental of the housing will be paid by the Employee. In the event that teachers are sharing accommodation, the running costs will be divided between the teachers equally. The Employee is not responsible for the previous occupant�s unpaid bills.

The Employer will deduct 150,000 Korean Won from the Employee�s monthly payment for first three months to make 450,000 Korean Won in total as housing management deposit. This deposit is to cover unpaid monthly service, utility, and telephone charges which will be billed at following or next following month after the Employee�s contract period. Dependent on a written guarantee from a guarantor acceptable to the Employer, the Employer agrees to return the deposit in full to the Employee at the time of completion of the Employee�s period of Contract including any period of employment beyond that covered by this agreement. In the absence of such written guarantee, the Employer will hold the full amount of the deposit until all outstanding monthly service, utility, and telephone charges have been paid.

Medical Insurance
The Employer agrees to join employee Korean national medical insurance scheme in compliance with Korean labor law. It doesn�t include dental insurance.

Accident Compensation
In the event that the Employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties, the Employee understands and agrees that the Employer will have no responsibility for, nor obligation to pay, medical and hospital costs which are in excess of those covered by medical insurance.

Teaching Materials
The Employee will be given materials to teach to the class. And very little reparation time may be given. The Employee may be expected to work alone without a Korean English teacher�s assistance.

Holidays/ Sick days/ Lateness/ Absence
During the school year, there are Korean national holidays. And besides these national holidays the employee can have leave for 10 days ( 5 days in the first six months and 5 days in the second six months) subject to the arrangement by the employer and being requested by the employee more than four weeks in advance and approved subject to convenience of re-arranging the teaching schedules by the employer.

School holidays will be included in above employee�s holidays.

The Employer will allow the teachers 3 sick days paid a year. In case of exceeding 3 days of illness, the Employer may deduct a day�s pay for every day the Employee is absent from work or deduct days from holidays. The Employee must notify the Employer at least five hours before class time of illness with the doctor�s diagnosis.

Lateness: If the Employee is late to the class 10 minutes without notification, one hour rate of payment may be deducted.

The Employee�s Obligation
The Employee shall observe the Employer�s work system and regulations concerning administration of foreign experts and shall accept the Employer�s arrangement, direction, supervision and evaluation in regard to his/ her work.

Without the Employer�s consent, the Employee shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with the Employer.

The Employee shall complete the tasks agreed on schedule and guarantee the quality of work.

Professional dress and grooming in the work are essential to maintain the desired reputation to the school. The Employer shall establish general guidelines for this.

The Employee shall be expected to prepare daily topics for the class beforehand.

The Employee can be required to attend all the staffs� meeting. If the Employee must be absent, he/she informs the Employer prior to the meeting.

The Employee must behave in professional manner during class or when socializing with students after class.

The Employee can be required to interview new students and evaluate their placement level.

The Employee shall not be absent without the Employer�s permission 2 days in advance notice.

The Employee shall respect the Korean people�s moral standards and customs.

The Employee shall not sexually harass students in his/ her charge.

Any form of physical punishment to students cannot be tolerated.

At all times during the term of this agreement, the Employee will directly adhere to and obey all the rules and regulations that have been or may hereafter be established, by the Employer for the conduct of the Employee or generally for the conduct of instructors at the place of employment.

Taxes
Taxes and deductions in compliance with Korean Law shall be withheld automatically from the Employee�s monthly salary. The deductions will be income tax, residence tax, medical insurance (50%) and so forth if any, from monthly and severance payment. Income tax rates will not exceed 4% of the monthly salary.

Relocation and Orientation Time
The Employee will be allowed several days from the date of arrival in Korea for adjustment and school orientation before beginning regular teaching duties. Computation of initial pay period of the Employee will commence from the first teaching day.

Termination
The Employer and the Employee may terminate the contract with the written notice 40 days in advance. The proper reasons and adequate grounds must be provided in order for the contract to be dissolved. In the event that this contract is canceled the employer must issue a letter of release, without delay or any undue fee being charged to the employee or potential employers.

Arbitration
The two parties shall consult with each other and mediate any disputes which may arise about the contract. If all attempts fail, the two parties can appeal to the organization of arbitration for foreign experts affairs in Korea according to the Korean Regulations and Codes. In the event that no solution is deemed proper to both parties and either party decides to terminate this contract, they must do so in accordance with Section 14 above. Additionally, the employee may seek annulment in case where the employer does not complete the terms of the contract as required of them according to the contract.

Sympathy
In the event of death of an immediate family member of the employee arrangements will be made to excuse the employee from work. These days missed will be unpaid days but will not be counted as sick or vacation days.

This contract is signed in duplicate on the 01th day of August , 2004 in English for each party�s perusal and keeping.

Employee�s full name

Employee�s signature

Employer�s full name

Employer�s full signature

[mog]

In that second one, overtime hours are based on 60 minutes=1 hour. Not a huge difference, but one nonetheless.

[FUBAR]

Some advice for you:

Cut out the sections that are redundent. Most of the contracts are similiar, so you only need to show us the half the contract. It would make it much easier on the eyes.

[Us in DC]

[Dalton]

Nothing is that simple.
Basically it's a deal breaker.
Why should I pay you back a dime if I quit?
Maybe you're the one that's making me quit?
It's a stupid clause.
Just like the YBM clause that says you have to pay them back if they fire you.

Never agree to anything that costs you 1 won less than the value of the contract. How much money do you think you'll have to pay them if you quit? Do you know? Do you have the receipts? So you'd agree and comply with a clause that stipulates an undisclosed fine to you?

You'd do this knowing that the next contract wouldn't have that clause in it?
You'd do that at home? You'd pay back your training wages for instance if you quit the job before a year? With what money?

[FUBAR]

[Us in DC]