Korean Job Discussion Forums

[spinner]

I kind of got this contract today and wanted some input. It is very much appreciated.

2006�⵵ ����� ��������� �����༭

CONTRACT FOR 2005 ENGLISH PROGRAM IN KOREA

This Employment Contract (hereinafter this ��Contract��) is made by and entered into between the Superintendent of Busan Provincial Office of Education, the Republic of Korea (hereinafter ��Employer��), and the native English speaker (Name) (hereinafter ��Employee��) a(an) citizen residing at .

Article 1 (Purpose) This contract is made for the purpose of setting forth the terms and conditions of employment for native English speakers who participate in the English Program in Korea.

Article 2 (Status of Employment) Employee shall be hired pursuant to this Contract as a [�� 1st level English Language Instructor(ELI) / �� 2nd level ELI / �� 3rd level ELI].


Article 3 (Duties) ELIs shall perform the following duties:

1. To assist Korean teachers with their English class(es) and/or jointly conduct English class(es);

2. To prepare teaching materials for English class(es);

3. To assist with the development of teaching materials related to English language education;

4. To assist with activities related to English language education and other extracurricular activities within the place of employment;

5. To conduct English conversational class(es)/course(s) for Korean teachers and students, and

6. To perform other duties as designated by Employer.


Article 4 (Supervision) Employee shall carry out the duties set forth in the foregoing Article 3 pursuant to and under specific instruction and supervision of the Supervisor of the Work Place designated by Employer.



Article 5 (Term of Employment) ��The Term of Employment shall commence on , 2006 and end on , 2007.

�� This employment period is not continuance and should not be considered as continuance of any former employment in other city/province. Hence, Employer shall hire Employee as a new ELI, commencing on , 2006.


Article 6 (Resignation) �� Employee shall perform the duties set forth under Article 3 hereof during the Term of Employment set forth under Article 5 hereof.

However, if Employee should desire to resign from the English Program In Korea and thereby terminate this Contract, he/she must give Employer a thirty (30) day prior written notice of resignation stating a date of and a reason for resignation.

In the case of Employee's resignation, the airfare for the return flight shall be borne by Employee, and his/her visa shall be cancelled.

Article 7 (Work Place) �� Employee shall work at a Work Place as designated by Employer, and the Work Place may be a school, Provincial Office of Education, training center, or any other educational institute located in Busan Metropolitan City/Province.

�� Employer may designate multiple Work Places for Employee.

�� Employer may designate Employee to work at a Provincial Office of Education, training center or other educational institute while school is in recess. In this case, Employee shall not claim for any additional pay.


Article 8 (Work Hours) �� Employee shall work eight ( hours per day (excluding lunch hour) for five (5) calendar days per week from Monday to Friday and shall not work on Saturdays, Sundays and any national holidays of the Republic of Korea.

The Work Hours of Employee may follow the normal work schedule of civil servants of the Korean Government; however, such Work Hours may be adjusted by Employer as he/she deems appropriate.

Actual class instruction hours of Employee shall not exceed twenty two(22) hours per week. If, however, Employee's actual weekly class instruction hours exceed twenty two(22) hours due to supplementary class instruction, Employee shall be entitled to a supplementary class instruction pay at the rate applicable to Korean teachers for the supplementary class instruction hours.

Employer may require Employee to work overtime in addition to normal Work days and Work Hours. In this case, overtime pay will be provided.


Article 9 (Salary) �� Employee shall be paid the total amount of Korean Won per month. However, the Korean income tax and the national pension contribution (non refundable payment), as required under Korean law, shall be withheld each month from Employee's salary.

�� Employee's salary shall be paid on the 25th of each month. If this day falls on a national holiday, Saturday or Sunday, the salary will be paid on the immediately preceding business day.

�� When Employee has not worked a full month, salary for that month shall be paid on a pro rata basis either from the first day or until the last day of work.

�� If Employee should be absent from work without having obtained a prior approval, Employee's salary for that month shall be lessened by the amount calculated on a pro rata basis for the number of unauthorized absent days.

�� Employee shall not claim, against Employer, any compensation and/or payment other than those provided for in this Contract.



Article 10 (Renewal) �� The Term of Employment stated in Article 5 hereof may be renewed by the mutual written agreement between Employer and Employee, provided that each renewed employment term does not exceed one (1) year.

�� In the case of renewal of this Contract pursuant to the foregoing ��, Employee shall be given two weeks for a home leave which shall take place 2 calendar weeks prior to the contract end date specified in Article 5 hereof until the day immediately preceding the commencement of the renewed term. This two week home leave will be counted as part of the contract term, and accordingly salary will be paid.

�� In the event that the employee travels to his/her home country pursuant to the foregoing ��, Employee's round trip airfare shall be reimbursed by Employer after Employee's return to Korea. The round trip airfare for Employee's flight shall be based on rate provided for in Article 11 �� hereafter.


Article 11 (Airfare) �� The airfare for Employee's flight, actual purchasing price, to Korea shall be loaned by Employer based on an economy class airfare of the most direct flight available from his/her permanent residence to Incheon Airport. In case of the termination of this Contract within six (6) months, including renewals, regardless of course or ground therefore, Employee shall immediately pay back Employer the above mentioned loan. If Employee works more than six (6) months during the term of Employment from the date of commencement, Employee's obligation to pay back the loan provided pursuant to this provision shall be waived by Employer.

�� If Employee works fully until the end of the Term of Employment and returns to his/her home country within 10 days from the expired date of the Term of Employment, Employer shall pay for Employee's return flight based on the rate provided for in the foregoing ��.


Article 12 (Housing) �� Employer shall provide Employee with housing selected by Employer. Housing selected by Employer may be, including but not limited to, a leased house, a studio-type room, or an apartment. Any and all fees, charges, costs, taxes, expenses, etc. incurred in using the housing shall be borne by Employee.

�� If Employer is not able to provide housing for Employee, Employer shall provide Employee with 300,000 Korean Won per month, as a rent subsidy, in lieu of the housing set forth in the foregoing ��.

�� Employer may provide temporary housing until the appropriate housing for Employee becomes available.

�� Employer shall decide whether to provide Employee with housing or a rent subsidy after discussion with the employee. Once decided, Employer's decision shall not be subsequently changed during the term of Employment.

�� If Employer provides housing to Employee, Employer may provide, appliances and furniture such as a bed, table and chairs, a closet, a gas range, a refrigerator, a washing machine, a microwave, and a TV set. Employee shall not request or demand any other appliances or furniture than those provided by Employer.


Article 13 (Other Benefits) �� Employee shall be entitled to one time only settlement allowance of 300,000 Korean Won, when he/she first arrives in Korea. In case of the termination of this contract within six (6) months, regardless of course or ground therefore, Employee shall immediately pay back Employer the fore mentioned allowance.

�� Employer shall provide Employee with half of the medical insurance pursuant to the National Medical Insurance Act of Korea. In the event Employee has his/her family living with him or her in Korea, Employer will also provide and pay for medical insurance premium for Employee's family.

�� Employee who is working for a province other than Seoul, the 6 Metropolitan Cities, or Gyeonggi Province shall be entitled to be paid provincial allowance of 100,000 Korean won every month.

�� Employees with the exception of Canadians, shall be eligible for exemption from paying Korean income tax during the period of the first two years if he/she provides the following documents to the employer before the first payment of salary:

1)"Residence Certificate" issued by a competent authority of employee's resident country 2) ��an Application for Tax Exemption" on non-resident's Korean source income provided under the Korean Tax Treaty. If employee has already worked more than two years in Korea, he/she shall not be eligible for tax exemption.

�� The employer shall provide employee with half of the national pension plan deduction(approximately 4.5% of salary) pursuant to the National Pension Corporation Act of Korea. American or Canadian employee is eligible for a pension distribution refund if he/she submits the required documents to the Korean National Pension Corporation when he/she leaves Korea after the completion of his/her contract.

�� Employee who completes more than a one-year contract shall be entitled to receive severance pay(approximately equivalent to the amount of one month salary)

�� Employee who renews the contract after two years of service with the same employer as a first level ELI shall be entitled to special allowance of 200,000 Korean won per month.


Article 14 (Vacation) �� Employee shall be entitled to a vacation period of total of a fourteen (14) workdays during the Term of the Employment set forth in Ariticle 5 hereof, provided that employees working in a school system shall take the leave up to seven workdays each during the summer and winter recess and employees working in a training center shall take the leave up to seven workdays each, during each semester, not interfering with the training sessions. If the requested vacation period interferes with smooth work operations, employer/employee alternate vacation dates.

�� Employee shall apply for and obtain Employer's consent to take a leave at least fifteen (15) days in advance.


Article 15 (Sick Leave) �� Employee shall be entitled to a paid sick leave if an illness or injury prevents him/her from performing the duties under this Contract, provided, however, that he/she obtains Employer's prior consent.

�� When Employee takes a sick leave for more than seven (7) days (inclusive of a national holiday, Saturday and Sunday), Employee shall submit a practicing doctor's medical report to Employer.

�� Employee's paid sick leave during the Term of Employment shall not exceed fifteen (15) calendar days. If Employee requires a sick leave for more than fifteen (15) calendar days, Employee may take a further sick leave without pay.



Article 16 (Special Leave) �� Employee may take a Special Leave for a number of days as set forth below for each of the following events:

1. Seven (7) calendar days for Employee's marriage.

2. Seven (7) calendar days for the death of Employee's parent or spouse; five (5) calendar days for the death of Employee's child.

3. In case of a female Employee, ninety (90) calendar days for a maternity leave.

�� Special leaves specified in items �� are available with pay. However, maternity leave shall be available with pay for only the first sixty days.


Article 17 (Codes of Conduct) �� Employee shall not behave in any manner which may damage or tarnish the reputation of the teaching profession. Employee shall comply with and observe any codes of conduct applicable to Korean teachers.

�� Employee shall not engage in any other job (including a part-time job) during the Term of Employment set forth under Article 5 hereof.

�� Employee shall not be involved in any activities which may cause harm to the students or be of detriment to the reputation of the school.

�Article 18 (Termination of the Contract) �� Employer may terminate or cancel this Contract upon occurrence of any one of the following events:

1. If Employee violates the laws of the Republic of Korea.

2. If Employee fails to perform or unsatisfactorily perform any of the duties stipulated in this contract.

3. If Employee fails to perform continuously his/her duties for more than a week without any excuse.

4. If any of the information provided in Employee's application is neither true nor accurate.

5. If it is determined that Employee is prevented from or incapable of performing his/her duties set forth in Article 3 hereof for a medical reason, whether it is a physical or psychological ailment. (If requested by Employer, Employee must be immediately available for a medical examination.)

6. If the sick leave used by Employee pursuant to Article 15 hereof exceeds thirty (30) days.

�� In the event that this Contract is terminated pursuant to the foregoing ��, Employer shall pay Employee a prorated salary based on the number of days actually worked by Employee. In such event, Employee shall be responsible for the return flight to his/her home country. Employee's visa will subsequently be cancelled.

�� In the event of termination of this Contract pursuant to any of the provisions set forth in the foregoing ��, Employee shall immediately refund the loan to Employer pursuant to Article 11�� .



�Article 19 (Matters not explicitly stated in the Contract) Matters not explicitly stated in the Contract shall be determined by Employer by taking Employee's concerns into consideration .


Article 20 (Condition of Employment) �� Employee shall complete a 1 week orientation conducted by the Education Training Institute at Busan Metropolitan City Office of Education immediately before the commencement of the Term of Employment provided under Article 5 hereof.

�� The orientation period shall not be included in the Term of Employment as under Article 5. Thus, Employee will not be entitled to any compensation.

�� If Employee fails to fully complete the orientation, this Contract shall be subsequently terminated and Employee must return to his/her home country. In that case, the return airfare shall be borne by Employee, and the loan for the flight to Korea provided for in Article 11 �� shall not be available to Employee. Employee's visa shall be cancelled.

�
Article 21 (Indemnity) Employee shall indemnify for and keep Employer harmless from any liability or damages arising from or in relation to any negligent, intentional or illegal activity of Employee during the Term of Employment under this Contract.


Article 22 (Governing Law, Language and Venue) �� The terms of this Contract and the rights and obligations of the parties hereto shall be construed, interpreted and determined in accordance with the laws of the Republic of Korea.

�� The Governing language of the Contract shall be Korean. The English translation of this Contract is made for the purpose of convenience.

�� If a dispute or disagreement should arise in connection with or out of this Contract, the parties hereto shall first try to resolve it in accordance with a principle of good faith. However, if the parties fail to mutually resolve such disputes or disagreements or come to amicable settlements, their disputes or disagreements shall be finally resolved by arbitration in Seoul, Korea in accordance with the Commercial Arbitration Rules of the Korean Commercial Arbitration Board.


Article 23 (Signature) In witness whereof, the parties hereto sign the Contract in triplicate on the date entered below with each party retaining one copy and submitting the third copy for Employee's visa application.

[peppermint]

um, dude, EPIK contracts are pretty standard.

[Grotto]

An okay contract.

[ontheway]

If this contract was posted as a hogwan contract, most of the Dave's posters would howl at how horrible it is. Since it's a government school, they give it a pass.

This is a great contract for lawyers and for the school.

A real teacher would be much better off in a good hogwan.

[Grotto]

While this contract does have its problems its still miles above the crap most hogwans offer!

[ontheway]

Again. This horrid government contract has:

unpaid training time
mandatory overtime
40 hour workweek for basic pay
no paid return airfare UNLESS you actually go home. (no cash in lieu of ticket)
furnishings, if any, are fully optional to the EMPLOYER
housing is a crap shoot (shared or single and size up to the employer)
complaints about furnishings and housing changes are prohibited

The vacation and sick leave are good.


My hogwan.
Training/orientation is paid.
Overtime is voluntary, set up by agreement with teacher and school.
Class hours are fixed.
Established OT is paid even on holidays
2 or 3 bedroom furnished single (never shared) housing
Classes are so small that teachers teach fewer students per day than government school teachers must face per hour.
No Korean teachers.
All native English materials.
Bad students are kicked out. Bad mothers are kicked out.
severance paid annually when you renew
cash in lieu of airfare if you stay in Korea or renew
and if you want to do 40 hours per week, much more mooolah, baby.

only 2 weeks vacation though

[TheUrbanMyth]