Korean Job Discussion Forums

[kscouse]

How does this contract look.

EMPLOYMENT CONTRACT

The following contract is an employment contract between ___________________ to be referred to as the instructor and __________ to be referred to as the institute from this point on both parties agree to the following:

*CONDITIONS OF EMPLOYMENT

The instructor's job description shall consist primarily of the followings;

A. ESL instructor in any all phases of the institute's program that ranges from the elementary school to adult level classes
B. Curriculum design and implementation

*Article 1. EMPLOYMENT OF INSTRUCTOR
The institute wants to employ the instructor as an English teacher for the institute and the instructor agrees to work for the institute as an English teacher.

*Article 2. PERIOD OF EMPLOYMENT
The period of the contract is one year beginning from the contract period of April 1 ,2006 to March 31, 2007.

*Article 3. SALARY, SEVERANCE PAYMENT AND WORKING HOURS
A monthly salary of 1.9 million won will be paid for 27 teaching hours per week.
And on the completion of the one year contract, the institute will provide the instructor 1.9 million won for severance payment.

Korean income tax will be deducted from the salary of the instructor each month according to the Korean tax law (currently 4%). The tax shall be deducted from the salary of the instructor each month. No other deduction of any type whatsoever shall be deducted from instructor's salary without prior written consent from instructor.

*Article 4. OVER-TIME PAY
If the instructor teaches more than 27 teaching hours a week, he/she will be paid 20,000 won per hour in week

*Article 5. POLICES
The following policies have been established to assist instructors in the expected performance of their duties. The institute will have the right to dismiss the instructor for clear and frequent neglect of duties under this agreement.

A. The instructor will set a good positive example of him/herself and his/her institute at all times. Furthermore the instructor will follow the directions of his/her director.

B. The instructor is required to attend all staff meetings as requested by the director. If the instructor has to be absent he/she must inform the director or asst. director prior to the meeting.

C. The instructor will follow set class schedule and will not dismiss class, cancel classes, or start classes late without the approval of the Institute Director.

D. The instructor shall prepare teaching materials for each class beforehand and will be honest and diligent in teaching students in all classes. The institute agrees to furnish all curricula textbooks and other teaching materials.

E. The instructor is required to dress in a professional manner. Professional dress and grooming in the work place are essential to maintain the desired reputation of the institute. The institute shall establish guidelines for professional dress.

G. The instructor agrees not to partake in the following activities since they may damage the reputation of the institute.

(1). Conducting class while under the influence of alcohol while smoking or under the influence of illegal drugs.
(2). Conducting any private classes or accepting any funds outside of the institute.

I..Any damages that are the direct result of negligence on behalf of the instructor either at the institute or residence will be paid for by the instructor. Furthermore, the instructor will be held liable under Korean law.

J. If the instructor seeks release from the contract for cultural differences homesickness of personal problems, he/she will report to the institute and agrees to work until the replacement instructor is positioned within 4-6weeks.

K. If the Instructor fails to conduct him/herself in a professional manner, resulting in damage the image of the institute the institute has the right to terminate this contract, but must provide at least a two-week notice to the instructor. and, if the institute violates the contract, the instructor also has the right to terminate the agreement, but a two-week notice must be provided as well.


*Article 6. BENEFITS

A. Housing
The institute will arrange and pay for furnished accommodation for the period of the contract. This will be a private studio apartment which includes a western style bathroom, kitchen, a bed and some necessary furniture and the instructor shall pay the fair share of the utilities, including electricity, water, gas, oil, phone bills, etc. Meals are not provided.



B. Medical insurance
The institute shall pay one-half of the instructor's medical insurance premium. Other half paid for by the instructor.

C. Airfare
The institute shall reimburse one way airfare. As soon as the employee arrives, the airfare will be reimbursed. A return ticket will be provided back to the nearest international airport to the employee's home upon completion of the Employee's 1-year contract. In case the Employee fails to complete the contract by his or her own fault/reason, the Employee shall pay back to the Institute the total amount of the airfare.

D. Holidays
About 12-15 Korean national holidays and designated 7-day summer vacation are observed each year. 7 day winter vacations are observed.

*Article 7. GOVERNING LAW AND JURISDICTION
Both parties have read the above conditions and agree to the terms in good faith and will attempt to resolve any dispute in a reasonable manner. Any dispute arising in connection with this contract shall be resolved in a Korean court of law according to Korean Regulations and codes.

The Employee agrees that any release from an employment contract for the purpose of teaching elsewhere in Korea cannot be approved without written permission by the institute and then must be approved by the Korean immigration Authorities and that only rarely are such requests permitted. This is an important issue and the instructor must realize that Civil Action under Korean law may be followed.

DIRECTOR INSTURCTOR
Name:
Name:

DIRECTOR'S INSTURCTOR'S
SIGNATURE SIGNATURE


March 1, 2006

[Yu_Bum_suk]

Email them telling them you've had an offer of 2.0 and won't accept theirs unless they match it. Everything else seems very typeical.

[cruisemonkey]

Interesting... it seems you can conduct classes while under the influence of alcohol - as long as you don't smoke (or are under the influence of illegal drugs) as well.

[Grotto]

EMPLOYMENT CONTRACT

The following contract is an employment contract between ___________________ to be referred to as the instructor and __________ to be referred to as the institute from this point on both parties agree to the following:

*CONDITIONS OF EMPLOYMENT

The instructor's job description shall consist primarily of the followings;

A. ESL instructor in any all phases of the institute's program that ranges from the elementary school to adult level classes
B. Curriculum design and implementation

Honestly....B is a load of crap! It shouldnt be in these contracts but it is.

*Article 1. EMPLOYMENT OF INSTRUCTOR
The institute wants to employ the instructor as an English teacher for the institute and the instructor agrees to work for the institute as an English teacher.

*Article 2. PERIOD OF EMPLOYMENT
The period of the contract is one year beginning from the contract period of April 1 ,2006 to March 31, 2007.

*Article 3. SALARY, SEVERANCE PAYMENT AND WORKING HOURS
A monthly salary of 1.9 million won will be paid for 27 teaching hours per week.
And on the completion of the one year contract, the institute will provide the instructor 1.9 million won for severance payment.

Never agree to hours, you should state 27 classes of 50 minutes each. Minimum wage is 2.0. You also should have a set block schedule...3-9, 2-8 etc.

Korean income tax will be deducted from the salary of the instructor each month according to the Korean tax law (currently 4%). The tax shall be deducted from the salary of the instructor each month. No other deduction of any type whatsoever shall be deducted from instructor's salary without prior written consent from instructor.

Not even close! Taxes on 1.9 are only 25,000 won a month not anywhere near the 4% they are less than 2%
There should also be mention of pension and health care(both required by law)

*Article 4. OVER-TIME PAY
If the instructor teaches more than 27 teaching hours a week, he/she will be paid 20,000 won per hour in week

Again change hours to classes of 50 minutes(no split shifts)

*Article 5. POLICES
The following policies have been established to assist instructors in the expected performance of their duties. The institute will have the right to dismiss the instructor for clear and frequent neglect of duties under this agreement.

A. The instructor will set a good positive example of him/herself and his/her institute at all times. Furthermore the instructor will follow the directions of his/her director.

B. The instructor is required to attend all staff meetings as requested by the director. If the instructor has to be absent he/she must inform the director or asst. director prior to the meeting.

C. The instructor will follow set class schedule and will not dismiss class, cancel classes, or start classes late without the approval of the Institute Director.

This is where you really want to see the class schedule! Split shifts suck!



D. The instructor shall prepare teaching materials for each class beforehand and will be honest and diligent in teaching students in all classes. The institute agrees to furnish all curricula textbooks and other teaching materials.

The instructor will come to school 20-30 minutes before his/her shift in order to prepare for their classes. No other preparation should be necessary.Any more prep time than 20-30 minutes is bull! If they want you for more time than that then they should pay for it!

E. The instructor is required to dress in a professional manner. Professional dress and grooming in the work place are essential to maintain the desired reputation of the institute. The institute shall establish guidelines for professional dress.

Then they should be listed here clearly. If its not stated in the contract clearly then it doesnt apply!

G. The instructor agrees not to partake in the following activities since they may damage the reputation of the institute.

(1). Conducting class while under the influence of alcohol while smoking or under the influence of illegal drugs.
(2). Conducting any private classes or accepting any funds outside of the institute.

I..Any damages that are the direct result of negligence on behalf of the instructor either at the institute or residence will be paid for by the instructor. Furthermore, the instructor will be held liable under Korean law.

? interesting clause...but who decides if the teacher was negligent?
I would delete it. If they think you damages things through your negligence they can take you to court.

J. If the instructor seeks release from the contract for cultural differences homesickness of personal problems, he/she will report to the institute and agrees to work until the replacement instructor is positioned within 4-6weeks.

4 weeks is plenty. You might also want to add that the instructor will be paid in full for his time and no penalties will be withheld from his/her pay.

K. If the Instructor fails to conduct him/herself in a professional manner, resulting in damage the image of the institute the institute has the right to terminate this contract, but must provide at least a two-week notice to the instructor. and, if the institute violates the contract, the instructor also has the right to terminate the agreement, but a two-week notice must be provided as well.

30 days notice is the relevant number!


*Article 6. BENEFITS

A. Housing
The institute will arrange and pay for furnished accommodation for the period of the contract. This will be a private studio apartment which includes a western style bathroom, kitchen, a bed and some necessary furniture and the instructor shall pay the fair share of the utilities, including electricity, water, gas, oil, phone bills, etc. Meals are not provided.

You really want to find out exactly what this 'necessary' furniture consists of! Having a TV, vcr, microwave, ricecooker, drying rack, pots and pans, knives, forks and spoons, etc is nice...having to spend a couple of hundred dollars for stuff you will be leaving behind sucks!

B. Medical insurance
The institute shall pay one-half of the instructor's medical insurance premium. Other half paid for by the instructor.

Ahhh here's the medical insurance...2.2% each. Considering that earlier they said the only deduction from your pay would be taxes....hmmmmm

C. Airfare
The institute shall reimburse one way airfare. As soon as the employee arrives, the airfare will be reimbursed. A return ticket will be provided back to the nearest international airport to the employee's home upon completion of the Employee's 1-year contract. In case the Employee fails to complete the contract by his or her own fault/reason, the Employee shall pay back to the Institute the total amount of the airfare.

After 6 months you shouldnt be held libel for the airfare to Korea.

D. Holidays
About 12-15 Korean national holidays and designated 7-day summer vacation are observed each year. 7 day winter vacations are observed.

I would find out if they count weekends in these 7 day vacation periods! Otherwise I would assume that they allow you 7 working days off in summer and 7 off in winter....a bit of difference!

*Article 7. GOVERNING LAW AND JURISDICTION
Both parties have read the above conditions and agree to the terms in good faith and will attempt to resolve any dispute in a reasonable manner. Any dispute arising in connection with this contract shall be resolved in a Korean court of law according to Korean Regulations and codes.

The Employee agrees that any release from an employment contract for the purpose of teaching elsewhere in Korea cannot be approved without written permission by the institute and then must be approved by the Korean immigration Authorities and that only rarely are such requests permitted. This is an important issue and the instructor must realize that Civil Action under Korean law may be followed.

Hogwash! If the institute is screwing you around you have every right to file a complaint with the labour board and resign if necessary. Finding a new job in Korea shouldnt be too hard!


DIRECTOR INSTURCTOR
Name:
Name:

DIRECTOR'S INSTURCTOR'S

Typical hogwan crap contract.

Problems? No set schedule. Pay is low. Taxes are high. No mention of pension(hey that rhymes). Dress code. Airfare clause!

[Pak Yu Man]