Korean Job Discussion Forums

[time for adventure]

Hey all !!
Would you be kind enough to have a look at the contract attached and give me feedback please??

The things that stuck out for me (being a newbie) are instead of 30 hours a week outlining how long a class hour is eg 50 mins.. Also I didn't like how they indicated that the employee may have to do overtime but didn't include with their agreement. What about the return ticket, does it sound like the empoyer could just give 500, 000 instead of a ticket home as this would not cover the cost os an airplane ticket. Lastly what about the penalty if you were to leave early? Is this standard to be fined 100, 000 won a month?

Thanks so much. It will help me out a great deal!!







Employment Contract

Employer

Employee : Employee��s Name (hereafter referred to as the ��employee��)
Address:

Passport number

Terms and Conditions:
1. Job Description:
The ��employee�� will work for the ��employer�� as an English Instructor. The duties of the ��employee�� will be as follows:
a. Implementing curriculum given by the school
b. Finding and using materials and resources to better teach the curriculum
c. Grading and evaluation of students
d. Attendance at teacher��s meetings and workshops
e. Reporting to work 1 hour before the first class
f. Other activities directly related to teaching
g. Monthly student management meetings with academic counselors


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

XXX(hereafter referred to as the ��employer��)

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

3. Period of Employment
Pending the issuance of an E2 visa from Korean 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 --- ---, 2005 and end on --- ---, 200 . If this contract ends in the middle of a monthly term, then the ��employee�� agrees to teach until the last teaching day of that monthly term.

4. Regular Hours of Employment and Salary:
As a full time instructor, the ��employee�� will work Monday to Friday (excluding Saturday and Sunday) for a total of 30 or less hours a week. All classes exceeding 120 hours per month will be considered OVERTIME, and will be paid with the properly issued overtime salary of 20,000won/hour.
The base salary paid for regular hours of employment will be 2,000,000 won per month. The salary will be paid to the ��employee�� once per month without delay on the tenth of each month. The payment will include services rendered from the first day to the last day of the previous month.
 The ��employee�� may be required to teach overtime

5. Income Tax
Income Tax will be deducted from the monthly salary according to the Korean Tax Law.

6. Orientation
If circumstances permit, there will be a 3-5 day orientation before the ��employee�� begins the first teaching month. At this time, the employee will be observing another teacher teaching the class. There will be a small compensation for these activities:
4,000 won per hour.

7. Housing
A single apartment is offered to the ��employee��. The ��employer�� will be responsible for the key money and rent and will provide the following furnishings for the apartment: a bed and comforter, a gas hotplate, a kitchen table and chairs, a refrigerator, and television for the living room, kitchen utensils, a washing machine and a clothes rack. The ��employee�� is expected to acquire all other essentials related to the apartment. The ��employee�� is expected to pay for maintenance, utilities, and telephone expenses (including the deposit) from the date the ��employee�� enters the apartment to the date the ��employee�� vacates.
The furniture provided to the ��employee�� is clean and nice, and must be returned in the same condition on the last day of this contract. Maintenance of and repairs to the apartment, appliances within and heating system will be the responsibility of the ��EMPLOYER.�� In return the ��employee�� agrees to respect and care for the apartment.

8. Airfare
The ��employee�� will be provided with a FREE economy class ticket from the nearest major International airport from their home to South Korea. The plane ticket will be provided to the ��employee�� before departure to South Korea. If the ��employee�� decides to resign or terminate the contract for whatsoever reason and did not finish at least six months of the agreed one year contract, then the ��employee�� must reimburse the ��employer�� for the cost of the plane fare to Korea. At the end of the contract, the ��employee�� will be provided with a one way return ticket home or a 500,000 won relocation bonus.

9. 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�� upon completion of the contract.

10. Vacation
The ��employee�� will be paid for all national holidays and is not expected to work during these days.
The ��employee�� will receive a two-week paid vacation (one week in the summer and one week in the winter) in a one-year contract year. The exact dates will be determined at the ��employer��s�� convenience. National holidays falling during the two week paid vacation will not be compensated separately. No deduction will be made to the regular monthly salary of the teacher during these vacation periods.

11. Health Insurance
The ��employer�� will provide the ��employee�� with the National Health Insurance upon request from the ��employee��. The ��employer�� and ��employee�� will each share 50% of the total cost of health insurance.
In accordance with standard sick leave policies in Korea, the ��employee�� may miss up to three workdays with pay during the contracted year as a result of sickness. The ��employee�� must notify the school in a timely fashion and provide a doctor��s note stating the nature and severity of the illness. In the event the ��employee�� is unable to come to work for more than three days as a result of sickness, the ��employee�� would lose the workday��s pay or dealt with on a case-by-case basis. Long term or severe illnesses will also be dealt with on a case-by-case basis and may end as a cancellation of the contract in which the ��employee�� and ��employer�� agrees together.

12. 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 the contract for the ��employer��, the ��employee�� will make every effort to follow the direction, training and supervision of the ��employer��. The ��employee�� will also carry out the teaching assignments given by the ��employer�� in a professional manner.

13. 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. Being late for work or class on a repeated basis
d. Repeated failures to follow the teaching guidelines
e. Absence from work without valid reason
With the exception of Section 13a and 13b, the ��employer�� will bring the problem of attention to the ��employee�� and make every attempt to resolve the situation. The ��employee�� will then follow the direction of the ��employer�� and make every attempt to correct the problem. However, circumstances beyond the control of the ��employee�� are exempt from Section 13.
Resignation can take place if the teacher perceives:
a. Continuous disrespect, or negligence of his/her human rights
b. Negligence of the points of this contract by the school
c. Death or severe sickness of a immediate family member or severe illness of the teacher

14. Termination of Contract
With the exception of Section 13 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�� will issue a letter of release to the ��employee�� upon request, without delay. A penalty fee of W100,000 will be charged to the ��employee�� for each unfinished month of the contract. The ��employee�� must also reimburse the school for the paid month vacation if the ��employee�� received the two-month paid holiday and does not finish the contract.

15. 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 in 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 13 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.

16. Transfer of Contract
Under no circumstances can the ��employer�� exchange, give, sell, or transfer this contract or the service of the ��employee�� to another party or institute without the written consent of the ��employee��.

17. Changes to 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 as such are not part of this contract.
18. Release from Contract
With the exception of Section 15, both the ��employer�� and the ��employee�� are released from this contract in the case of:
a. Death, war accident, or unforeseen events
b. Failure to obtain an E2 visa from the Korean Immigration
c. Failure to meet any or all of the terms and conditions of this contract

19. Language of 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 the event of a dispute, the English version of this contract will prevail.
Both the ��employer�� and ��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 parties, their heirs and successors.



Date :

[Grotto]

o0ps double post

[Grotto]

Terms and Conditions:
1. Job Description:
The ��employee�� will work for the ��employer�� as an English Instructor. The duties of the ��employee�� will be as follows:
a. Implementing curriculum given by the school
b. Finding and using materials and resources to better teach the curriculum
c. Grading and evaluation of students
d. Attendance at teacher��s meetings and workshops
e. Reporting to work 1 hour before the first class
f. Other activities directly related to teaching
g. Monthly student management meetings with academic counselors

Deal breaker for me would be coming to work for one hour before class(unless it is paid time)
d and g are grey areas that cause me concern. how often, how long.
2. Place of Employment:
The ��employee�� will work for the ��employer�� at the following address:

XXX(hereafter referred to as the ��employer��)

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

This is okay

3. Period of Employment
Pending the issuance of an E2 visa from Korean 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 --- ---, 2005 and end on --- ---, 200 . If this contract ends in the middle of a monthly term, then the ��employee�� agrees to teach until the last teaching day of that monthly term.

Oops that does violate Korean law. Your contract is only good for one year...period...365 days. They cant extend the contract legally.

4. Regular Hours of Employment and Salary:
As a full time instructor, the ��employee�� will work Monday to Friday (excluding Saturday and Sunday) for a total of 30 or less hours a week. All classes exceeding 120 hours per month will be considered OVERTIME, and will be paid with the properly issued overtime salary of 20,000won/hour.

I would change this to 'all classes exceeding 30 hours a week will be considered overtime. Too often hogwans try to scam you out of your overtime by claiming national holidays dont count towards your weekly teaching hour alotment.

The base salary paid for regular hours of employment will be 2,000,000 won per month. The salary will be paid to the ��employee�� once per month without delay on the tenth of each month. The payment will include services rendered from the first day to the last day of the previous month.
 The ��employee�� may be required to teach overtime.

I dont have a problem teaching overtime, but just change the word required to asked. That way you can always say no.

5. Income Tax
Income Tax will be deducted from the monthly salary according to the Korean Tax Law.

6. Orientation
If circumstances permit, there will be a 3-5 day orientation before the ��employee�� begins the first teaching month. At this time, the employee will be observing another teacher teaching the class. There will be a small compensation for these activities:
4,000 won per hour.

No way! 4,000 won an hour so you basically sit around for a week for 120,000 NO WAY

7. Housing
A single apartment is offered to the ��employee��. The ��employer�� will be responsible for the key money and rent and will provide the following furnishings for the apartment: a bed and comforter, a gas hotplate, a kitchen table and chairs, a refrigerator, and television for the living room, kitchen utensils, a washing machine and a clothes rack. The ��employee�� is expected to acquire all other essentials related to the apartment. The ��employee�� is expected to pay for maintenance, utilities, and telephone expenses (including the deposit) from the date the ��employee�� enters the apartment to the date the ��employee�� vacates.
The furniture provided to the ��employee�� is clean and nice, and must be returned in the same condition on the last day of this contract. Maintenance of and repairs to the apartment, appliances within and heating system will be the responsibility of the ��EMPLOYER.�� In return the ��employee�� agrees to respect and care for the apartment.

Again demand Air conditioning it is hellishly hot and humid in Korea during the summer

8. Airfare
The ��employee�� will be provided with a FREE economy class ticket from the nearest major International airport from their home to South Korea. The plane ticket will be provided to the ��employee�� before departure to South Korea. If the ��employee�� decides to resign or terminate the contract for whatsoever reason and did not finish at least six months of the agreed one year contract, then the ��employee�� must reimburse the ��employer�� for the cost of the plane fare to Korea. At the end of the contract, the ��employee�� will be provided with a one way return ticket home or a 500,000 won relocation bonus.

I would change this to read 'a 500,000 won relocation bonus if the employee does not return to their home country

9. 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�� upon completion of the contract.

10. Vacation
The ��employee�� will be paid for all national holidays and is not expected to work during these days.
The ��employee�� will receive a two-week paid vacation (one week in the summer and one week in the winter) in a one-year contract year. The exact dates will be determined at the ��employer��s�� convenience. National holidays falling during the two week paid vacation will not be compensated separately. No deduction will be made to the regular monthly salary of the teacher during these vacation periods.

Sneaky...I would be willing to bet that your '2 weeks vacation' will fall during Chuseok and Solel. I dont like this section at all!

11. Health Insurance
The ��employer�� will provide the ��employee�� with the National Health Insurance upon request from the ��employee��. The ��employer�� and ��employee�� will each share 50% of the total cost of health insurance.
In accordance with standard sick leave policies in Korea, the ��employee�� may miss up to three workdays with pay during the contracted year as a result of sickness. The ��employee�� must notify the school in a timely fashion and provide a doctor��s note stating the nature and severity of the illness. In the event the ��employee�� is unable to come to work for more than three days as a result of sickness, the ��employee�� would lose the workday��s pay or dealt with on a case-by-case basis. Long term or severe illnesses will also be dealt with on a case-by-case basis and may end as a cancellation of the contract in which the ��employee�� and ��employer�� agrees together.

Standard sick leave is 4 days. Request that the health insurance be provided ASAP as they wil retroactively charge you the premium if you sign up a month or two down the road.

12. 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 the contract for the ��employer��, the ��employee�� will make every effort to follow the direction, training and supervision of the ��employer��. The ��employee�� will also carry out the teaching assignments given by the ��employer�� in a professional manner.

13. 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. Being late for work or class on a repeated basis
d. Repeated failures to follow the teaching guidelines
e. Absence from work without valid reason
With the exception of Section 13a and 13b, the ��employer�� will bring the problem of attention to the ��employee�� and make every attempt to resolve the situation. The ��employee�� will then follow the direction of the ��employer�� and make every attempt to correct the problem. However, circumstances beyond the control of the ��employee�� are exempt from Section 13.
Resignation can take place if the teacher perceives:
a. Continuous disrespect, or negligence of his/her human rights
b. Negligence of the points of this contract by the school
c. Death or severe sickness of a immediate family member or severe illness of the teacher

14. Termination of Contract
With the exception of Section 13 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�� will issue a letter of release to the ��employee�� upon request, without delay. A penalty fee of W100,000 will be charged to the ��employee�� for each unfinished month of the contract. The ��employee�� must also reimburse the school for the paid month vacation if the ��employee�� received the two-month paid holiday and does not finish the contract.

The penalty clause is illegal under Korean labour laws. Delete it and dont agree to it. No you do not have to reimburse for vacation time either that is also baloney. Also are they on crack? I dont recall seeing a month or two month vacation mentioned anywhere
15. 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 in 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 13 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.

Again if they want total honesty and integrity they should not place illegal clauses in the contract.

16. Transfer of Contract
Under no circumstances can the ��employer�� exchange, give, sell, or transfer this contract or the service of the ��employee�� to another party or institute without the written consent of the ��employee��.

Change that to written consent of the employee and immigration


17. Changes to 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 as such are not part of this contract.
18. Release from Contract
With the exception of Section 15, both the ��employer�� and the ��employee�� are released from this contract in the case of:
a. Death, war accident, or unforeseen events
b. Failure to obtain an E2 visa from the Korean Immigration
c. Failure to meet any or all of the terms and conditions of this contract

19. Language of 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 the event of a dispute, the English version of this contract will prevail.
Both the ��employer�� and ��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 parties, their heirs and successors.


I dont particularly like this contract due to the penalty clauses as well as the one hour before work. There is also the clause where your vacation time is at the mercy of the employer....that is something I would want to know ahead of time! Then there is the orientation time which is a joke in itself 4,000 won an hour...why isnt anyone laughing?

There ya go Chronic in the format even you can understand

[kimchi_is_people_!!!]

time, i have sent you a pm on this. check it out and let me know...

[Captain Corea]

I love it when Grotto goes after one of these

[chronicpride]

[Grotto]

I try

[time for adventure]

Thanks very much Grotto!!

Your comments were very helpful. I have returned the contract with many of the areas you had suggested to be changed. I'm not sure what the response will be.

Anyway thanks alot. All the best for now!

[peppermint]

I wouldn't whine too much about the penalty for leaving. Most contracts now want you to repay the airfare ( especially if you leave in the first six months) and in some cases the recruiter fees too. When I left a hagwon last year, they wanted 5,000,000W ( I talked them down to my last months pay- still not great.. )

[Grotto]

Hogwans may want stuf Pep. That doesnt make it right morally or legally.

And people wonder why teachers do midnight runs with bullcrap like this happening.

Agree to pay back recruiter fees? Never.

Agree to pay back airfare, okay but on a prorated base. Airfare/6xmonths left before 6 months are up.

[Real Reality]

time for adventure,
Good luck.

Grotto,
Good job.

peppermint,
That is unfortunate. You should not have had to pay.

Foreigners Experience Difficulties in Living in Korea
Overall living conditions, including education, housing, medical care, transportation, immigration, and access to the Internet are pointed to as inconveniences. Not only inconveniences caused by different systems and customs in Korea, but also special discriminating practices, such as the practice of submitting two years of monthly rent in advance like a deposit, which is required of foreigners just because they are foreigners, are ubiquitous.

"Even though Korea has achieved some degree of globalization in going abroad, it has still a long way to go for globalization in embracing foreigners inward," said foreigners residing in Korea. An official in the International Cooperation Division of Seoul City admitted, "The same complaints regarding visas, transportation, education, and environment are raised every year without being solved, due to the lack of cooperation from government agencies involved and their passive attitudes."
by Jae-Dong Yu and Soo-Jung Shin, Domg.com (July 4, 2004)
http://english.donga.com/srv/service.php3?biid=2004070522448