Korean Job Discussion Forums

[lazuli]

Hello

I'm a new timer to this game. I've done ESL before but only in relatively easy France...so, my Asia experience is nil. Thus, I was hoping that you experts could review this contract....and tell me any experiences you've had/heard/etc...about:



Thanks in advance!

ENGLISH ACADEMY
School Tel:053-744-8200 / Cell: 011-514-9088

EMPLOYMENT AGREEMENT

THIS EMPLOYMENT AGREEMENT has been MADE between ........................., owner/ principal/ director;of

This EMPLOYMENT AGREEMENT has been made this........................day of...................... .

Contract conditions are:

1. TREATMENT & TEACHING HOURS
The employer and employee are individuals of equal value and respectability coming together to respectfully exchange their services.
The service of the employee is to offer certain agreed-upon hours of work in the way agreed upon here.
The employer will return the employee's energy and efforts with material and service supports such as proper housing, salary, etc, as mutually agreed upon here.
CLASS TIME: General employee's class is working between 4:00PM and 10:00PM. If necessary the employee should be required to teach morning classes during korean school vacation
The employee will get paid overtime for any hours exceeding working hours beyond 34 units of 40-minute classes.

2. WORKLOAD, HOURS, DAYS
1) The workload is thirty-four (34) Units per week (Monday through Friday) when one hour equals a 40 minute teaching session.( 30 Units for 45 minute / 27 Units for 50 minute.)


3. PERIOD OF EMPLOYMENT
1) The total Agreement term is one year, commencing from .................. to ...................


4. PAYMENT
1) The period of a calendar month is accounted for a payment session.
2) Teacher's pay is��2,200,000... Korean Won per month to be paid on each pay day.
3) Income tax and residence tax (5%), and 50% of health insurance premium, will be deducted from employee's salary. No other deduction of any type whatsoever shall be deducted from employee's salary.
4) Over time pay is 15,000 won for 40 minute classes, 18,000 won for 50 minute classes. It is paid on the same pay day on basis of calendar month.
5) The salary will be paid plus 7 days when the teacher has completed 30 days teaching.. The plus 7 days pay is paid to the teacher on the last day of this contract regardless. However the payment for the last month plus the annual bonus will be made on teacher's last workday.


5. DRESS CODE
Clean and neat dress such as shirts, sweater or casual clothes are to be acceptable as work clothes.

6. FREE, FURNISHED HOUSING 
1) Housing is a private one-room accommodation with basic furnishings. The housing is clean and sunny.
2) Furnitures and other appliances will include: air conditioner, bed, bedding, sheets, desk, table, dining set, TV, washing machine, clothes rack, pots, pans, dishes, phone, fridge, stove.
3) The teacher shall be responsible for the payment of the utilities.
4) The housing will be provided at no cost to the Employee with the exception of electric fee and phone bills.
  
7. SAME DAY RESPONSE
Should the teacher report a problem with the heating system, fridge, stove, air conditioning etc, or asks for medical help, on the same day the school will hire help and respond to the need.

8. PAID HOLIDAYS
The Employee may have 10 days as paid vacation per year (This is includes Win school summer vacation 2-3 days.) Sundays and National Holidays are not to be considered as part of the vacation period. Convenient times for vacations should be agreed by both employee and employer. The vacations and holidays are paid (the teacher will not be asked to work extra hours to make up for his free days). If the teacher agrees to stay for an additional year, he can ask for two weeks unpaid vacation before he starts the next year's contract. The vacation days can be taken by agreement between the school and the teacher.

9. MEDICAL INSURANCE
The employee wil be provided Medical Insurance by the Win School. The insurance provider and plan is chosen by WIN School.

10. PAID AIRFARE, VISA AND RESIDENCE CARD
1) The employer is to provide tickets for the teacher and his closest international airport to his new residence.
Upon the completion of the contract, the teacher will be provided return tickets to the closest international airport to his/her original residence.
2) In case the teacher leaves the school before his/her contract period ends, the school will not pay for the return ticket. If the teacher breaks the contract within 6 months of the contract then the teacher will pay for the airfares and recruiting fee.
3) Should the school need to send the teacher and his dependants to another country for obtaining work visa, the school will cover all costs of transportation, hotel, and stay in that country.
4) The school covers visa/residence card's (alien registration card) costs at the local immigration office.
.
.
11. ANNUAL BONUS (SEVERANCE PAY)
&; One-year work comes with one-month bonus for the teacher if he has stayed to the end of his contract. The annual bonus is paid to the teacher on the last day of this contract regardless from renewing his contract for another year or not.


12. DISMISSAL OR VOLUNTARY RESIGNSATION
1)&;If the instructor seeks release from this AGREEMENT, he/she has to inform the institute director at least 30 days in advance. (And the release shall not take place until a suitable Substitute or successor has begun work.)
2) If the instructor is evaluated as not faithful (habitual absence or tardiness, non-observance of working hours, inability related to teaching, etc.) by the institute, the institute director can discharge the instructor after Notification in writing 15 days in advance. 
3) It is agreed hereby that a copy of teachers resignation or dismissal notice' will be his legal release paper
4)In case of dismissal or resignation, the teacher is paid up to his last day of work
All payments on either side must be settled by the last day of the teacher's work.
5) If the instructor participates or is involved in the following things they may damage the reputation of the institute and consequently be dismissed employment terminated by the institute.
A.Conducting class while under the influence of alcohol and illegal drugs, or smoking in class.
B.Making sexual advances towards, or entering into sexual relationships with students of the institute.
C.Conducting any private classes or accepting any funds without the permission of the institute.
D. Not conducting his / her responsibility and employee's treatment following the instructions of institute.

13. GOVERNING LAW & JURISDICTION
A. The laws of the country that the college is located govern this agreement   
B. This agreement is made final and firm unless any material modification or amendment to this agreement is executed with the full knowledge and consent of the undersigned and incorporated into this agreement.
Date & Place :..............................................................
The school's name :................................................
The owner/principle/director : ............................
Signature of the school's owner/principal/director :...........................
Teacher' name :
Teacher's signature: ...........................................

[Homer]

A pretty clear contract.

I agree with the suggestions made by da bear here...

I would ad that the overtime pay is a bit low (it shoudl be around 20 000 won).

[Big Mac]

It looks like a really solid contract.

I would just get them to add percentages for things like health insurance. You should only pay 2.4 per cent of your monthly pay and that amount is matched by your employer. It sounds like they are offering you private medical insurance though, which they aren't allowed to do. It is mandatory that you be enrolled in the National Medical Plan.

There is also no mention of pension, which would be 4.5 per cent a month for you. I wouldn't push that though if you are from England, Australia or New Zealand, since you can't get a lump sum refund when you leave Korea like North Americans can.

Also, I noticed that they want you to agree that your own resignation letter will be your legal release paper. I don't think immigration would accept a release letter that you wrote yourself...your employer has to write one. It's possible that he's telling you here that if you decide to leave this job for whatever reason, he will not give you a release letter. This would prevent you from working anywhere else in Korea until your Visa expires.

[Grotto]

WINSCHOOL ENGLISH ACADEMY
Win School English Academy, 93-67, Beum-Eu dong,  Su-sung gu, Dae-gu city, S.Korea
Tel:053-744-8200 / Cell: 011-514-9088

EMPLOYMENT AGREEMENT

THIS EMPLOYMENT AGREEMENT has been MADE between ........................., owner/ principal/ director;of

This EMPLOYMENT AGREEMENT has been made this........................day of...................... .

Mention of duration of contract...from day/year to day/year

Contract conditions are:

1. TREATMENT & TEACHING HOURS
The employer and employee are individuals of equal value and respectability coming together to respectfully exchange their services.
The service of the employee is to offer certain agreed-upon hours of work in the way agreed upon here.
The employer will return the employee's energy and efforts with material and service supports such as proper housing, salary, etc, as mutually agreed upon here.
CLASS TIME: General employee's class is working between 4:00PM and 10:00PM. If necessary the employee should be required to teach morning classes during korean school vacation


I would delete the bolded part. I would state clearly that any time teaching outside of the 4-10:00 PM would be overtime!

The employee will get paid overtime for any hours exceeding working hours beyond 34 units of 40-minute classes.

Again....change it to: The employee will be paid overtime for any work falling outside of the 4-10PM hours!

2. WORKLOAD, HOURS, DAYS
1) The workload is thirty-four (34) Units per week (Monday through Friday) when one hour equals a 40 minute teaching session.( 30 Units for 45 minute / 27 Units for 50 minute.)

This is quite unclear and needs to be clarified....units/hours/wtf? How many classes are you expected to teach? Teaching more than 5-6 classes a day is excessive!


3. PERIOD OF EMPLOYMENT
1) The total Agreement term is one year, commencing from .................. to ...................


4. PAYMENT
1) The period of a calendar month is accounted for a payment session.
2) Teacher's pay is��2,200,000... Korean Won per month to be paid on each pay day.
3) Income tax and residence tax (5%), and 50% of health insurance premium, will be deducted from employee's salary. No other deduction of any type whatsoever shall be deducted from employee's salary.

Tax is not anywhere near 5%....I would never agree to this...taxes will be taken off according to NTS monthly withholding tax!

4) Over time pay is 15,000 won for 40 minute classes, 18,000 won for 50 minute classes. It is paid on the same pay day on basis of calendar month.

Overtime pay is 20,000 won an hour(50 minute class) minimum!

5) The salary will be paid plus 7 days when the teacher has completed 30 days teaching.. The plus 7 days pay is paid to the teacher on the last day of this contract regardless. However the payment for the last month plus the annual bonus will be made on teacher's last workday.

? so they pay you 7 days into the next month? Or are they paying you a weeks bonus per month? Confusing...needs to be clarified!


5. DRESS CODE
Clean and neat dress such as shirts, sweater or casual clothes are to be acceptable as work clothes.

6. FREE, FURNISHED HOUSING 
1) Housing is a private one-room accommodation with basic furnishings. The housing is clean and sunny.

One room? or is it one bedroom? Needs to be clarified!

2) Furnitures and other appliances will include: air conditioner, bed, bedding, sheets, desk, table, dining set, TV, washing machine, clothes rack, pots, pans, dishes, phone, fridge, stove.
3) The teacher shall be responsible for the payment of the utilities.
4) The housing will be provided at no cost to the Employee with the exception of electric fee and phone bills.
  
7. SAME DAY RESPONSE
Should the teacher report a problem with the heating system, fridge, stove, air conditioning etc, or asks for medical help, on the same day the school will hire help and respond to the need.

8. PAID HOLIDAYS
The Employee may have 10 days as paid vacation per year (This is includes Win school summer vacation 2-3 days.) Sundays and National Holidays are not to be considered as part of the vacation period.

Change it to Saturdays, Sundays and National holidays are not considered to as part of the vacation period! May should be changed to will!

Convenient times for vacations should be agreed by both employee and employer. The vacations and holidays are paid (the teacher will not be asked to work extra hours to make up for his free days). If the teacher agrees to stay for an additional year, he can ask for two weeks unpaid vacation before he starts the next year's contract. The vacation days can be taken by agreement between the school and the teacher.

9. MEDICAL INSURANCE
The employee wil be provided Medical Insurance by the Win School. The insurance provider and plan is chosen by WIN School.

By law they must provide NHIC. They can no longer offer private health insurance!

10. PAID AIRFARE, VISA AND RESIDENCE CARD
1) The employer is to provide tickets for the teacher and his closest international airport to his new residence.
Upon the completion of the contract, the teacher will be provided return tickets to the closest international airport to his/her original residence.
2) In case the teacher leaves the school before his/her contract period ends, the school will not pay for the return ticket. If the teacher breaks the contract within 6 months of the contract then the teacher will pay for the airfares and recruiting fee.
3) Should the school need to send the teacher and his dependants to another country for obtaining work visa, the school will cover all costs of transportation, hotel, and stay in that country.
4) The school covers visa/residence card's (alien registration card) costs at the local immigration office.
.
.
11. ANNUAL BONUS (SEVERANCE PAY)
&; One-year work comes with one-month bonus for the teacher if he has stayed to the end of his contract. The annual bonus is paid to the teacher on the last day of this contract regardless from renewing his contract for another year or not.


12. DISMISSAL OR VOLUNTARY RESIGNSATION
1)&;If the instructor seeks release from this AGREEMENT, he/she has to inform the institute director at least 30 days in advance. (And the release shall not take place until a suitable Substitute or successor has begun work.)

Or the 30 day notice period has passed. They cannot hold you past that 30 days if they havent gotten off their butts and found a replacement!

2) If the instructor is evaluated as not faithful (habitual absence or tardiness, non-observance of working hours, inability related to teaching, etc.) by the institute, the institute director can discharge the instructor after Notification in writing 15 days in advance. 

30 days notice should be given...labour laws!

3) It is agreed hereby that a copy of teachers resignation or dismissal notice' will be his legal release paper

Will be his legal letter of release paper!


4)In case of dismissal or resignation, the teacher is paid up to his last day of work
All payments on either side must be settled by the last day of the teacher's work.
5) If the instructor participates or is involved in the following things they may damage the reputation of the institute and consequently be dismissed employment terminated by the institute.
A.Conducting class while under the influence of alcohol and illegal drugs, or smoking in class.
B.Making sexual advances towards, or entering into sexual relationships with students of the institute.
C.Conducting any private classes or accepting any funds without the permission of the institute.
D. Not conducting his / her responsibility and employee's treatment following the instructions of institute.

13. GOVERNING LAW & JURISDICTION
A. The laws of the country that the college is located govern this agreement   
B. This agreement is made final and firm unless any material modification or amendment to this agreement is executed with the full knowledge and consent of the undersigned and incorporated into this agreement.
Date & Place :..............................................................
The school's name :................................................
The WINSCHOOL owner/principle/director : ............................
Signature of the school's owner/principal/director :...........................
Teacher' name :
Teacher's signature: ...........................................

Could be much worse. Needs some clarification as to work hours, deductions and vacation time.