Korean Job Discussion Forums

[Zenpickle]

I received an email from someone about to come here. He wants some advice on this contract, but he hasn't been able to successfully register yet. So I'm posting it here for him. I noted some details about the health insurance and making sure that they take out pension. Here's the contract:

*********

Hereafter referred to as the "employer" as an English instructor.

The duties of the "employee" will be as follows;

1. Job Description:
This "employee" will work for the "employer" as an English Instructor. During the term of this agreement, the instructor will accept, obey, and comply with the instructions, supervision, training, and discipline of the employer and will carry out such assignments as the employer directs. The duties of the "employee" will be 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. Other activities directly related to teaching


2. Place of Employment:
The "employee" will work for the "employer" at the following address:
************

The "employee" will not be expected to work outside the place of employment except with a) written approval from a Korean Immigration Official and b) work outside the place of employment meets with the approval of the "employee".

3. Period of Employment
Pending the issuance of an E2 visa from the Koran Immigration, the "employee" will work for the "employer" for a period not exceeding one year in accordance with the E2 visa. The period of employment will begin on _________________ and end on ____________________.

4. Regular Hours of Employment
The "employee" will work from Monday to Friday (excluding Saturdays and Sundays) for 30 hours per week. All classes exceeding 30 hours per week will be considered as overtime classes.

5. Overtime hours of Employment
The "employee" may choose to work overtime classes at the following rate of 20,000 won per hour.

6. Salary
The base salary paid for regular hours of employment will be 2.0 million per month for the given classes ( hours per week), payable at the end of each month worked by the "employee". The salary will be paid to the "employee" once per month without delay for a period of 12 months. Overtime classes will be calculated and paid per month at a rate of 20,000 won per hour.

In the event that the "employer" is unable to provide the "employee" with the regular hours per week, the "employee" will still be paid a base salary of 2.0 million won per month.

7. Income Tax
Income tax will be deducted from the base salary in accordance with Korean Tax laws.

8. 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 health insurance.

9. Housing
The "employer" will furnish the "employee" with a furnished apartment consisting of basic appliances. The apartment will be provided at no cost to the "employee" with the exception of utilities and telephone. The "employer" will also ensure that the apartment is clean, quiet, and safe so that the "employee" can live comfortably while in Korea. In return for a furnished apartment, the "employee" agrees to respect and care for the apartment in a respectful manner, with the exception of normal repairs. Any outstanding bills belonging to the "employee" will be the sole responsibility of the employee.

10. Airfare
The cost of the flight will be reimbursed in Korean Won according to a F/X basic rate.

a) Coming from the U.S. and Canada: The least expensive round trip airline ticket (Northwest, CA...) will be purchased by the employee. After arriving in Korea, the cost of the flight will be reimbursed with a purchasing receipt within a week.

b) Coming from Asia or other country: The employee will purchase one way ticket to Korea, that will be reimbursed by the employer with a purchasing receipt within a week. A one way ticket to the U.S. or Canada will be provided by the employer after completing a one year contract.

c) Signing contract in while living in Korea : In the case where a employee is living in Korea and signs a contract with the employer, the employee will need to obtain an E-2 visa. The employee may have to travel to Japan, and acquire the proper visa before beginning teaching at this school. The round trip ticket from and to Japan for the visa will be provided by the employer. And, a one way ticket to the U.S. or Canada will be provided by the employer after completing a one year contract.

11. Holidays
The "employee" will be paid for all national holidays and not be expected to work during these days.

12. Vacation Pay
The "employee" will receive 10 paid vacation days per year. Vacations are taken according to a schedule provided by employer before the commencement of the year to which the schedule refers. Vacations can only be taken as scheduled.

13. Severance Pay
Upon completion of this contract, the "employee" will receive 2.0 million won salary as severance pay in accordance with Korean Labor laws. Under no circumstance will this severance pay be withheld from the "employee".

14. Rights and responsibilities
Both the "employer" and the "employee" are to be 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 directions as training and supervision of the "employer". The "employee" will also carry out the teaching assignments given by the "employer" in a professional manner.

15. Dismissal
The "employer" may dismiss the "employee" from employment under the following conditions.

a) Violation of the laws of the Republic of South Korea.

b) Teaching classes while under the influence of drugs or alcohol.

c) Private teaching outside the place of employment without the written approval of the employer����

d) Constantly late for work.

e) Inability or unwillingness to teach, including neglect of duties to attend to classes.

f) Conduct or criminal activity seriously jeopardizing any student or staff person.

g) The teacher has caused irreparable damage to the reputation of the school or themselves.

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

16. Termination of Contract
With the exception of Section 15 of this contract, the "employer" or "employee" may cancel this contract with 45 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.

17. Resolving Disputes
While both parties enter into this agreement with total honesty and integrity, disputes may sometimes occur, 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, both parties will agree to remain civil and to speak honestly and fairly about their experiences and not in a disrespectful manner.

18. Transfer of Contract
Under no circumstances can the "employer" exchange, give, sell, or transfer this contract of the services of the "employee" to another part or Institute without the written consent of the "employee".


19. Changes to Contract
There will be no changes or additions to the contract without the written consent and approval of both parties. Any changes made must be written 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 as such are not part of this contract.


20. Release from Contract
With the exception of Section 16, both the "employer" and the "employee" are released from the contract in the case of :

a) Death, war, accident, or unforseen events.

b) Failure to obtain an E2 visa from Korean Immigration

c) Failure to meet any or all of the terms and conditions of this contract


21. Language of Contract
The language of this contract is written in English. For convenience of the employer this contract may be 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. Both the employer and the employee have read and understood all the terms and conditions of this contract and do hereby enter into contract which will be binding upon all parties, their successors.

[peppermint]

Looks pretty solid to me. The only thing I'd ask about is the 30 hours/week. How many classes and how long are they?

[Grotto]

[the eye]

aw.
it looks fine.
i agree with peppermint.
i would just ask for the definition of 1 class hour. 1 class = 1 hour?? if the classes are 45minutes and you are responsible for 30 hours, it's a big difference in workload.

[billyg]

The contract was actually mine. I finally had my account activated. What a resource this discussion board is! I have a million questions, being that I'm a few weeks away from making the flight, so nervous.
Thanks for the responses, and to zenpickle