Korean Job Discussion Forums

[jkuban]

I'm a newbie and have questions about a contract I was offered. I have wrote questions CAPITALIZED IN BOLD PRINT about things that concern me. Please comment on any other areas that may seem shady to you. Also any info about Jin Ju, like where is it, is appreciated.

EMPLOYMENT CONTRACT
.
This Employment Agreement has been made this ........................ by and between ****** School having its office at Jinju city in Korea(hereinafter referred to as employer) and .............................................., a citizen of .............................(hereinafter referred to as employee).

Employer and Employee agree as follows :
1. Employee accepts employment from employer to teach the English language under the term and conditions set forths here in this agreement for a period of full and consecutive teaching sessions(a session does not exceed one month). Employment commences from the first day of orientation(............................) and finishes on the last teaching day of employee's twelfth teaching session.

2. Duties
2.1 During the term of this agreement, the employee will be required to prepare for teaching, WILL YOU BE EXPECTED TO PREPARE COMPLETELY ON YOUR OWN OR PROVIDED WITH MATERIALS? and carry out all required administrative duties WHAT ADMINISTRATIVE DUTIES? connected with classes assigned by the employer in Monday through Friday. The minimum teaching requirement are 100 teaching hours per month(1 hour is 60 minutes). WHEN ARE THE EXACT TEACHING TIMES? ARE THERE SPLIT SHIFTS OR WEEKENDS?

2.2 Total teaching hours in excess of minimum requirement is calculated each session as overtime payment. employee is expected to work overtime hours as requested. Failure to do so constitues violation of the contract.

2.3 Payment made for assigned teaching hours is inclusive of payment for preparation and administrative duties connected with those assigned classes. Employee agrees to take orientation and training, attend meetings and workshops scheduled by employer with no extra pay. IS THIS INCLUDED IN THE MINIMUM 100 HOURS OR IN ADDITION TO? DOES ��NO EXTRA PAY�� MEAN THAT YOU WILL BE PAID FOR ORIENTATION?

2.4 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 and generally for the conduct of instructors at the place of employment. Conditional on the employee sighting to and agreeing upon the rules and regulations.


3 Compensation and Other Treatment of Employee
3.1 Salary : Employer will pay employee monthly salary of 1,900,000 Won. Overtime payment is made at rate of 19,000 Won/actual teaching hour. Teaching salary will commence from the first day of teaching. When an employee is absent from scheduled teaching duties salary will be deducted accordingly. DOES KOREAN LAW SPECIFY HAVING SICK DAYS? 5 % Korean incom taxes will be withheld. SHOULD BE 3.5% TAXES? Salary payment will be made on the twelfth day of the following month the teaching session during which the employment services were provided. WHAT DOES THIS MEAN? IS THIS SPECIFIC TO THE OCT. 28TH START DATE, AND THAT YOU��LL BE PAID 11/12/04? OR DOES IT MEAN YOU��LL WORK 5 OR 6 WEEKS AND THEN GET YOUR FIRST CHECK?

3.2 Orientation and Training : Shortly after arrival in Korea, employee will be required to undertake orientation and training before commencing teaching. HOW LONG IS ORIENTATION, AND, AGAIN, WILL YOU BE PAID?

3.3 Severance Payment: Dependent upon completion of the full contract period, the employee will be given an additional 1,900,000won. 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. WHAT IS KOREAN SEVERANCE TAX, IS IT LEGITIMATE, AND HOW MUCH?

3.4 Transportation : Employee will purchase an economy class ticket for passage to Korea at an international airport mutually agreed to by employer and employee(henceforth referred to as point of departure). Employer will fully reimburse the cost of the ticket within 11 day from the arrival date. On completion of the full contract period, employer will provide for the employee a ticket for passage from Korea to point of departure.

3.5 Holidays and Vacation : Employee will be entitled to observe public holidays and ten 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. Employeer will set the dates for vacation

3.6 Sick days : There are two sick days in a year COMPARE TO 3.1 ��When an employee is absent from scheduled teaching duties salary will be deducted accordingly.�� CONTRADICTION?

3.7 Medical Insurance : Employee will be covered by medical benefits under the Korea Medical Insurance Union, a Government Health Organization. The costs of this coverage of 3 % of the employee's monthly salary will be borne half by employer and half by employee. Employee's share of this coverage will be deducted from employee's salary, monthly.

3.8 Accident Compensation : 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 Dismissal or Voluntary Resignation
4.1 Employer will have the right to dismiss employee for unwillingness or inability to meet conditions of employment as set out under this agreement, for conduct seriously jeopardizing any student or staff person, or for criminal activity.

4.2 In the event that the employee is dismissed, or in the event that the employee voluntarily terminates this agreement, employer will pay salary due to date of termination. Employee agrees to give minimum of two months notice of voluntary termination in writing. Employer will not pay the cost return transportation to point of departure for employee, nor will employer pay severance. Further, employer will be entitled to withhold an amount less than or equivalent to, but not exceeding, the cost of air fare for travel to Korea.

4.3 Emergency Leave : Employee will be eligible to receive up to seven days(including Saturdays and Sundays) of emergency leave will be granted at the sole discretion of employer.

4.4 General conditions not included in this contract are subject to employer`s discretion

5. Covenants
5.1 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. To undertake such employment is a breach of Korean Immigration law and can have serious consequences.
5.2 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 employee's 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.

6. Jurisdiction : This agreement will be interpreted according to the internal(domestic) law 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.

7. Housing
7.1 Employer shall provide a rent free accommodation for employee. Furnishings provided by employer by employee include: A kitchen table and chairs, a two burner gas, STOVE? hotplate, a refrigerator, a television, and a washing machine. Furnishings provided to employee included a bed, a wardrobe ???, IS THERE A DRESS CODE? and a fan. Employee will have to supply his or her own pillow, pillowcase and sheets.

7.2 Employee is responsible for all damage employee causes to accommodation, utility and telephone charges for accommodation provided by employer.

7.3 Employee agrees to a total deduction of 600,000 Won A FAIR SUM?? over the period of 1st 3 months of employment as housing management deposit. This deposit is to cover any unpaid monthly service, utility and telephone charge at the completion of this contract and/or resignation or dismissal of the employee befor the termination of this contract.. Employer agrees that payment of remaining amount of the deposit will be made to employee within ten days after all outstanding monthly service, utility, and telephone charges have been paid.

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.

Date .......................... Employer's Signature ..............................................................

Date .......................... Employee's Signature .............................................................

[peppermint]

2. Duties
WILL YOU BE EXPECTED TO PREPARE COMPLETELY ON YOUR OWN OR PROVIDED WITH MATERIALS?
Chances are that you'll be provided with teaching materials, but will still have to do some prep work, and gather a few games and things to make the class interesting.

WHEN ARE THE EXACT TEACHING TIMES? ARE THERE SPLIT SHIFTS OR WEEKENDS? Ask the school

2.2 Total teaching hours in excess of minimum requirement is calculated each session as overtime payment. employee is expected to work overtime hours as requested. Failure to do so constitues violation of the contract. This clause could get ugly. There have been days when Ive taught close to 12 hours spread out over a fifteen hour shift cause of clauses like this. It's not the norm, but it's possible.

2.3 IS THIS INCLUDED IN THE MINIMUM 100 HOURS OR IN ADDITION TO? DOES ��NO EXTRA PAY�� MEAN THAT YOU WILL BE PAID FOR ORIENTATION? Sounds to me like the 100 hours is actual teaching time- anything school related that's not teaching isn't paid time.

3 Compensation and Other Treatment of Employee
DOES KOREAN LAW SPECIFY HAVING SICK DAYS? Doubt it but ask Gord.

SHOULD BE 3.5% TAXES? It usually is around 3.5% but you can get around it but you can file for an income tax return in February..

WHAT DOES THIS MEAN? IS THIS SPECIFIC TO THE OCT. 28TH START DATE, AND THAT YOU��LL BE PAID 11/12/04? OR DOES IT MEAN YOU��LL WORK 5 OR 6 WEEKS AND THEN GET YOUR FIRST CHECK?
Normally you work for 5 or 6 weeks before getting paid, but most schools are willing to give an advance in the first month.- ask about that.

3.2 Orientation and Training HOW LONG IS ORIENTATION, AND, AGAIN, WILL YOU BE PAID? Depends on the school- At all the jobs I've had it's never been more than a day, but I've heard of some that have a full week

3.3 Severance Payment: Dependent upon completion of the full contract period, the employee will be given an additional 1,900,000won. Korean severance tax will be withheld. WHAT IS KOREAN SEVERANCE TAX, IS IT LEGITIMATE, AND HOW MUCH?Your severance should be the average pay of the last 3 months worked- including overtime. The severance is taxable, but I forget how much- maybe the same as regular taxes?

3.5 Holidays and Vacation : you'll know vacation times before you start? WOW! ( means you'll have a great chance at actually getting a flight at vacation time)

3.6 Sick days : There are two sick days in a year COMPARE TO 3.1 ��When an employee is absent from scheduled teaching duties salary will be deducted accordingly.�� CONTRADICTION? Ask the school.


3.7 Medical Insurance : standard- though ask about pension, cause they're usually tied together. ( pension is refundable for people from some countries, but not for others)


4.2 In the event that the employee is dismissed, or in the event that the employee voluntarily terminates this agreement, employer will pay salary due to date of termination if you've worked there for six months, th school is obligated to either give you 30 days notice, or a month's pay.

Employee agrees to give minimum of two months notice of voluntary termination in writing. One month is standard, and beware of that clause about refundiing airfare.

7. Housing
7.1 Employer shall provide a rent free accommodation for employee. Furnishings provided by employer by employee include: A kitchen table and chairs, a two burner gas, STOVE? hotplate, a refrigerator, a television, and a washing machine. You probably won't have a stove and oven, just two gas burners on your counter, but that's the norm for Korea.

Furnishings provided to employee included a bed, a wardrobe ???, IS THERE A DRESS CODE? What they mean by that is a stand alone closet - they aren't normally built into Korean apartments. Asking about a dress code is a good idea though.

7.3 Employee agrees to a total deduction of 600,000 Won A FAIR SUM?? This seems to be becoming standard, though the sum is a bit steep. See if you can convince them that the deposit should be lower, and make sure that repayment is not contingent on finishing the contract.

[Zyzyfer]

The severance tax isn't that high in and of itself, but schools usually pay it in a lump sum along with your final paycheck, which bumps most people up to the next pay bracket and the tax is quite a bit higher.