Korean Job Discussion Forums

[R. S. Refugee]

Well I studied your advice to Time-for-Adventure and made some changes to the contract I'm negotiating. My school is using the same contract template as his, but doesn't have some of the onerous clauses that you identified. I've put the changes that I will be suggesting (based on your comments and some of the text found in his, but not in mine) in red.

If you can bear to look at another one, I'll be happy to take you out for drinks when I get over there (whether you're still sane or not). Your avatar is great. I see that it's from Lord of the Rings.

Cheers.

I told the school owner/manage that I would get back to her by Monday noon Korea time.

Oh, yeah. I just remembered. One sharp-eyed person who looked at this noted that there was no mention of the national pension scheme in this contract. Should there be?

-----------------------------------------------------------
EMPLOYMENT CONTRACT


A. XXX School
B. Name : ___R. S. Refugee____________________
Address living in Korea : Gimpo City, KyungKi-do, South Korea

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:
XXX School , Gimpo City, Kyungki-do, South Korea.

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" [in the form of the National Health Insurance ]during the duration of this contract. 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 four 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 four 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.]

9. Housing

The "employer" will furnish the "employee" with a furnished apartment consisting of basic appliances, [including an air conditioner, 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 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. [do you know what "F/X basic rate" means?]
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. [or a relocation bonus of 500,000 won if the employee chooses.]
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". [and immigration.]

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.

Dated this ____________________ day of ____________________ 2005

Employee's Full Name : _____________________________________
Employee's Signature : ____________________________________

Employer's Full Name :_______________________________
Employer's Signature : ____________________________

[Grotto]

B. Name : ___R. S. Refugee____________________
Address living in Korea : Gimpo City, KyungKi-do, South Korea

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

delete e...all too often this is used as a carte blanche for anything they decide(just delete it dont tell them) I also have some personal problems with the sections c and d. How often are evaluations done and how often are these meetings and workshops(paid or unpaid)
2. Place of Employment:

The "employee" will work for the "employer" at the following address:
XXX School , Gimpo City, Kyungki-do, South Korea.

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.

Get a set time 2-8 or whatever....otherwise you will most likely be looking at split shifts. Also get them to define a work hour as 50 minutes. 30X60=1800 1800/50=36 36 fifty minute classes is a rough load 7+ per day.

5. Overtime hours of Employment

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

Well worded overtime section

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.

Get them to state clearly what day is payday. It should read the employee shall be paid on the 10'th or whatever day

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" [in the form of the National Health Insurance ]during the duration of this contract. The "employer and "employee" will each share 50% of the total cost of health insurance. Approximately 1.8% of employees salary

[In accordance with standard sick leave policies in Korea, the ��employee�� may miss up to four 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 four 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.]

There should be mention of pension 4.5% of your salary matched by your employer

9. Housing

The "employer" will furnish the "employee" with a furnished apartment consisting of basic appliances, [including an air conditioner, 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 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.
you did a good job on this section
10. Airfare

The cost of the flight will be reimbursed in Korean Won according to a F/X basic rate. [do you know what "F/X basic rate" means?]
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.

F/X most likely is a reference to foreign exhcange rate. You could ask them to clarify it. A little cause for concern....change the 'least expensive' to an economy ticket. You may be able to get a cheaper ticket by traveling an extra 6 or 7 hours but at 10-12 hours the flight is long enough already. Reimbursment is alright.

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. [or a relocation bonus of 500,000 won if the employee chooses.]
Change US or Canada to employees airport of origin...Doesnt help you if they give you a ticket to LA and you live in New York!

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.
Again same as above airfare back to home town

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. Ask to see the schedule....if the days are important to you
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.

g is an interesting section...who decides if irreparable damage has been done? Not a deal breaker or anything just interesting
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". [and immigration.] Almost missed this one...transfer of contract may be illegal...you visaE2 is with the one school and employer.
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.

Dated this ____________________ day of ____________________ 2005

Employee's Full Name : _____________________________________
Employee's Signature : ____________________________________

Employer's Full Name :_______________________________
Employer's Signature : ____________________________

No glaring red flags it looks like a pretty good contract honestly. Ask about pension, see when the holidays are and modify the airfare.
Good luck