Korean Job Discussion Forums

[samaza]

I have found a job opening in the place i was looking for Seocho/gangnam, with good working hours... but I'm completely new to contracts and was wondering if someone could look over it for me?

thanks for any help!



W Language Academy

EMPLOYMENT AGREEMENT FOR TEACHER

This EMPLOYMENT AGREEMENT has been made on this day between W Institute with its principal office at: Namjun Bd. 6F Bangbae-dong 795-21 Seocho-gu, Seoul, Korea (hereinafter referred to as the "Employer") and , a citizen of _ _, passport No.: , (hereinafter referred to as the "Employee"). The Employee will teach English at W branch located at: same as above. (hereinafter referred to as the ��Institute��). The Employer hereby hires the Employee and both parties agree on the following terms and conditions:


I. Period of Employment

1. The total agreement term is ___12_____ months, commencing from the date of teaching in Korea and finishing on .
2. The term of this Agreement includes an orientation period, six (6) consecutive teaching sessions, and all scheduled vacations and holidays that fall between or during teaching sessions.
3. The Employee will discontinue residence in Korea under the visa status sponsored by the Employer upon the completion of this contract unless the both parties agree to renew the contract.




II. Conditions of Employment

1. Employee��s Duties:



During the term of this Agreement the Employee will perform the following duties:

1. Instruction in any phase of the Institute's program.
2. Curriculum design and implementation.
3. Development of educational programs and materials.
4. Extracurricular activities for/with students when needed.
5. Grading, evaluating and counseling of students.
6. Attendance at teachers' meetings and workshops.
7. Class preparation
8. Cooperation with the Principal/ Vice-Principal/ Academic Director in all aspects of employment.
9. Participation in other related activities.



2. Working hours



1. Classes will be held from Monday to Friday during regular sessions and two intensive sessions during summer (July-August) and winter (December-January). It may vary from branch to branch upon needs of the Institute.
2. The Employee will be required to work at the times the Employer shall direct.
3. Working hours is from 3pm to 9pm for regular sessions. For two intensive sessions, from 9am to 6pm (it may change on the needs of the the Institute). However total teaching hours will not exceed 30 hours per week. The Employee is required to arrive at school at least 40 minutes before the first class.
4. Working hours may be modified from time to time at the sole discretion of the Employer depending upon a session and needs of the Institute.



3. Salary and Overtime



1. The Employee will be guaranteed ( ) Won per month (before taxes for teaching 110 hours per month
2. This is to be considered as the Employee��s contract hours.
3. Only the time worked in excess of contract hours will be considered as overtime. The Employee��s overtime pay will be ( 20,000 ) Won per (60) minutes. Attendance at scheduled teachers meetings, workshops and class preparation (which is mandatory) will not be considered as overtime.
4. The salary will be paid on the 15th day of each teaching month.
5. Computation of the initial (first month of employment) salary will commence from the 1st day of actual teaching at the Institute and, therefore, will not include the orientation period necessary for familiarization with the Institute��s curriculum and the Employee��s duties.



4. Severance Pay



Upon successful completion of a full contract period (12 months), the Employee will be given severance pay which is equivalent to his/her monthly salary of ( ) Won. It will be paid in one month.

5. Benefits



5.1. Housing

(a) The Employer will select and provide free furnished living accommodation for the Employee usually located not far from the Institute (about 20-25 min. subway ride). (b) The accommodation may be a private apartment (bachelor/studio) or a two-three room apartment shared with other Employees with a private bedroom for each Employee and a shared kitchen and bathroom. (c) The Employer will also provide furnishings which will include: a single bed, table, two chairs, two-burner gas hot plate, refrigerator, wardrobe, washing machine, TV set, toaster and some bedding (pillow, comforter, sheets). (d) The costs of all utilities (gas, water, electricity, cable TV, and telephone charges) and a monthly maintenance fee will have to be paid by the Employee. In the case of shared accommodation, the costs will be divided between the housemates.

5.2. Vacation, Holidays and Emergency Leave

The Employee will have: (a) paid short-term breaks between sessions as determined by the Employer .in total approximately 15 days and national holidays. If the Employee wishes to take additional (unpaid) vacation, he/she must give the Employer at least a two-month notice before taking a vacation; (b) paid statutory/ public holidays detailed in a yearly calendar; (c) up to 5 days of paid emergency leave in a year in the event of a death or serious illness of an immediate family member, such as grandparent, parent, spouse, children, brother or sister. The emergency leave will be granted and/or extended after a close consultation with the Principal. The Employee will bear the cost of transportation.

5.3. Health Insurance

The Employee will be provided with health insurance coverage from the designated public health insurance corporation with 50% of the premium paid by the Employer and 50% - by the Employee.

5.4. Transportation

The Employer will purchase for the Employee a one-way economy class air ticket to Korea from a main international airport in the country/city where the Employee resides and from which he/she was hired. After completing a one-year contract the Employee will be provided with a return economy class air ticket.

5.5. Visa Sponsorship

If the Employee does not obtain work visa in the country of his/her residence, the Employee will receive full visa sponsorship from the Employer upon arrival in Korea. This will include a paid round trip air ticket to Japan (to obtain work visa there) and money to cover travel expenses.


III. Taxes and Other Deductions

The following taxes and deductions will be withheld from the Employee��s monthly salary:

1. Income tax required by the Korean Tax Law (approximately 5%, which may be adjusted pursue on the changes of the Korean Tax Law);
2. National Pension Contribution according to regulation (approximately 5%, which may be adjusted pursue on the changes of the regulation).

NOTE: Upon completion of the contract (agreement), pension contributions will be fully reimbursed to the Employee from USA
& Canada by the Korean government;

3. Health Insurance (at present 4.48%);
4. 200,000 Won per month for the first three months as a security deposit for unpaid utilities and phone charges even if the Employee pays them each month. This deposit WILL BE refunded to the Employee one month after this contract is completed.



IV. Employee��s Conduct and Dress Code

1. During the term of this Agreement the Employee is expected to conduct himself/herself in a professional manner that would project a good image of the Institute. Therefore, the following forms of behavior will NOT be permitted:

1. Coming to the Institute and conducting class under the influence of alcohol or illegal drugs and while smoking;
2. Making sexual advances towards or entering into relationships with the students or employees of the Institute;
3. Using bad language in class that would offend or discredit students, the staff and the Institute.
4. Not following scheduled class timetables, canceling, starting classes late without the prior approval of principal.



2. The Employee should present himself/herself to students as a professional. Casual attire, provided it is clean and neat, is acceptable. However, NO blue jeans, sneakers and T-shirts will be allowed (unless otherwise instructed).


V. Duty of Confidentiality

1. The Employee shall not disclose information relating to the contents of lectures, teaching material and business operation of the Institute to any third party.
2. The Employee shall not disclose information regarding his/her salary, overtime payment, and contract hours to any third party, including other Employees of the Institute.



VI. Outside Employment and Conflicts of Interest

1. According to Korean Immigration Law, foreign workers are allowed to work legally in Korea ONLY for the Employer/Institute for which they have received a work visa.
2. By signing this Agreement, the Employee agrees to devote his expertise, time and attention to discharge his duties to his legal Employer and not to engage in any other activity that would in any manner whatsoever compete with the Employer and pose any conflict between the interest of the Employer and the other party and/or interfere with the performance of the Employee��s duties.
3. If the Employee wishes to accept any other employment, such as private or part-time teaching, editing and so on, he/she must get the Principal��s approval before doing so. Failure to comply with this rule may result in immediate dismissal.




VII. Dismissal, Voluntary Resignation and Liquidating Damages

1. The Employer will have the right to dismiss the Employee if or when:

1. The Employee repeatedly fails to perform his/her duties stated under this Agreement including but not limited to frequent absences from the place of Employment/Institute without approval of the Principal/ Vice-Principal.
2. The Employee fails to conduct himself/herself in a professional manner (as described in Employee��s Conduct and Dress Code section of this Agreement) resulting in damaging the image of the Institute.
3. The Employee places any student or a staff person in jeopardy or causes significant material damage to the Employer as a result of his/her negligence or reckless behavior.
4. The Employee commits any criminal act inside or outside the place of employment/Institute. This will result in immediate dismissal with neither warning nor time for remedy being given to the Employee.
5. The Employee has already received three (3) reprimands (warnings) from the Employer of dissatisfaction with the Employee��s performance, and the Employee has not rectified the situation.

2. The Employee may not earlier terminate this Agreement without a good reason. If required, 45 days prior notice must be given to the Employer before termination of the contract.

3. In any case of dismissal or voluntary resignation, the Employer will not provide a return ticket and will not give the severance pay. In addition, if the Employee voluntarily terminates this contract before six (6) months of employment, he/she will have to reimburse to the Employer the initial airfare and other expenses that the Employer has incurred in the process of hiring of the Employee, such as recruiter��s fee, housing utilities deposit and other expenses (if applicable).

VIII. Understanding

1. Both parties have read the above terms and conditions and agree to fulfill them in good faith and will resolve any dispute in a reasonable manner.
2. All issues that cannot be solved by the two parties above will be solved in accordance with the appropriate laws of the Republic of Korea.

c. The contents of W Teachers�� Manual are to be incorporated to be part of this employment contract.

The employer will evaluate the employee every semester. The employer may

dismiss or transfer the employee to other branch, if employee fails to observe his/her duties stated above.

The Employer and the Employee have executed this agreement and appended their signatures on the date below:







what do you think?

[laogaiguk]

[samaza]

Thanks for that... extremely helpful! I shall reply with a list of things that I wish to change. It seems 2.1 Won is reasonable but is it worth trying to push higher? Also, What should the correct tax rate be?

[laogaiguk]

[Homer]

It seems 2.1 Won is reasonable but is it worth trying to push higher?

Depends if you have the credentials and/or experience to warrant asking for more. If you do then go for it but don't ask just for the sake of asking (thats a bad negociation tactic in my opinion).

[samaza]

[Homer]

Is it normal for all the extra curricular activities to be mandatory and unpaid?

No...and...yes!


Sorry.

It really depends on the schools and on the activities.


For example, some schools ask their teachers to organize activities for the students, that is considered part of your teaching duties (much like back in Canada when I was a HS teacher we had to do tutoring and it was not paid extra but included in teaching related duties).

See what I mean?

[Dan The Chainsawman]

Another thing to consider is the horrible reputation the W language school chain has since they began franchising out their branches due to financial difficulties.

From what I gather the Big Dubbya is the new Wonderland.

[samaza]

[Hobophobic]

Training...muhahahahahaha!

Honestly though, I worked for them for 4 years, and it was not bad....but it is true many branches have had a drop in students and cash...get in touch with current teachers if at all possible....

...the winter and summer sessions can be intense....but they can be really lax and routine, and you are paid for the overtime, but they tend to break up the time frame so the session spans over 2 pay periods, thus bringing down your overtime..

..my first winters session saw me teaching 9am to 9pm in 2002....my last summer session (2004) was 9am to 330....it is truly touch and go....and varies by the day, enrollment etc....

"Mr. Hobo, today you rest take, tomorrow you teach..." when I arrived after a 26 hour journey....

all in all I wouldn't have stayed as long as I did had it been truly bad...I found it to be an easy enough hogwon gig...

....again, try to get some contacts' email adds and/or ph#s...best of luck in any case...

[Angelus]

This school is the franchise formerly known as EWHA LANGUAGE SCHOOL or AMERICAN LANGUAGE SCHOOL. They changed their name because they were being sued by teachers for various contractual infringements and they were on the blacklist at that time.

[samaza]

Ok due to all this various feedback i've sent an email negotiating certain points of the contract.... If they don't adjust it, back to the drawing board.

[ajgeddes]

[Homer]

To be fair (and realistic about what it means to be a teacher in general)

1. Instruction in any phase of the Institute's program.

Par for the course

2. Curriculum design and implementation.

Par for the course

3. Development of educational programs and materials.

Par for the course (i.e. improving your lessons!)

4. Extracurricular activities for/with students when needed.

Slippery slope here...

5. Grading, evaluating and counseling of students.

Shocking...a teacher grading and evaluating then counseling students! The horror of it all...

6. Attendance at teachers' meetings and workshops.

Everytime this comes up and someone balks it makes me laugh. That is just part of the job...meetings go with almost everyjob on the planet and none of them are paid extra for...

7. Class preparation

Wow..shocker.

8. Cooperation with the Principal/ Vice-Principal/ Academic Director in all aspects of employment.

Slippery slope here....

9. Participation in other related activities.

Vague but again...part of many teaching jobs...would need to be better defined.

[Grotto]

EMPLOYMENT AGREEMENT FOR TEACHER

This EMPLOYMENT AGREEMENT has been made on this day between W Institute with its principal office at: Namjun Bd. 6F Bangbae-dong 795-21 Seocho-gu, Seoul, Korea (hereinafter referred to as the "Employer") and , a citizen of _ _, passport No.: , (hereinafter referred to as the "Employee"). The Employee will teach English at W branch located at: same as above. (hereinafter referred to as the ��Institute��). The Employer hereby hires the Employee and both parties agree on the following terms and conditions:


I. Period of Employment

1. The total agreement term is ___12_____ months, commencing from the date of teaching in Korea and finishing on .

Start and finish days should be set in stone!

2. The term of this Agreement includes an orientation period, six (6) consecutive teaching sessions, and all scheduled vacations and holidays that fall between or during teaching sessions.

The term of the agreement is 12 months....the way this is worded is: if you show up halfway through (or partially into) a teaching period it does not count towards your contract....so they could make you stay an extra 2 months.

3. The Employee will discontinue residence in Korea under the visa status sponsored by the Employer upon the completion of this contract unless the both parties agree to renew the contract.




II. Conditions of Employment

1. Employee��s Duties:



During the term of this Agreement the Employee will perform the following duties:

1. Instruction in any phase of the Institute's program.
2. Curriculum design and implementation.
3. Development of educational programs and materials.
4. Extracurricular activities for/with students when needed.

Just say no! Extracurricular activities dont really fall within the realm of ESL teaching. It would be different if it was something you planned as a teaching aide but any activities they would make you attend would most likely not!

5. Grading, evaluating and counseling of students.

Grading, how often? Counseling? Not a chance!

6. Attendance at teachers' meetings and workshops.

How often? When?

7. Class preparation

What is expected?

8. Cooperation with the Principal/ Vice-Principal/ Academic Director in all aspects of employment.

Cooperation in all aspects of ESL.

9. Participation in other related activities.

Delete this stupidity!



2. Working hours



1. Classes will be held from Monday to Friday during regular sessions and two intensive sessions during summer (July-August) and winter (December-January). It may vary from branch to branch upon needs of the Institute.
2. The Employee will be required to work at the times the Employer shall direct.

Never agree to this crap! Hours are set from 3-9! Anything outside of that will be overtime(for working 9-6 only 3 hours will be overtime! If you let them leave this clause in then clause 3 is meaningless!

3. Working hours is from 3pm to 9pm for regular sessions. For two intensive sessions, from 9am to 6pm (it may change on the needs of the the Institute). However total teaching hours will not exceed 30 hours per week. The Employee is required to arrive at school at least 40 minutes before the first class.

It already has exceeded 30 hours per week! 3-9 is 6 hours a day + the 40 minutes per day you have to arrive= 33.3 hours a week. If you have to work from 9-6 during intensive how can the hours possible remain the same? Remember this is for 4 months of the year.....if they want you there 9 hours a day they can pay 3 hours overtime per day for intensives! Write it into the contract like that otherwise you will bust your butt for nothing!

4. Working hours may be modified from time to time at the sole discretion of the Employer depending upon a session and needs of the Institute.

Again: NO FREAKIN WAY! In a contract hours are to be stated clearly! Not adjusted to the whim of the Korean dictator in charge!



3. Salary and Overtime



1. The Employee will be guaranteed ( ) Won per month (before taxes for teaching 110 hours per month

Hate to break this to you but you will already be teaching 133 hours a month...hope they plan on paying that extra 23 hours a month in overtime!

2. This is to be considered as the Employee��s contract hours.
3. Only the time worked in excess of contract hours will be considered as overtime. The Employee��s overtime pay will be ( 20,000 ) Won per (60) minutes. Attendance at scheduled teachers meetings, workshops and class preparation (which is mandatory) will not be considered as overtime.


Overtime will be 20,000 won per 50 minutes. Meetings and workshops will be scheduled in regular classtimes....anything outside of 3-9 is overtime!

4. The salary will be paid on the 15th day of each teaching month.

Salary is paid at the end of the month....by the 5'th at the latest! Crooked hogwans keep a month and a half of your salary to prevent midnight runs...not a good sign!

5. Computation of the initial (first month of employment) salary will commence from the 1st day of actual teaching at the Institute and, therefore, will not include the orientation period necessary for familiarization with the Institute��s curriculum and the Employee��s duties.

So what compensation is provided for orientation or familiarization? How long is this period?



4. Severance Pay



Upon successful completion of a full contract period (12 months), the Employee will be given severance pay which is equivalent to his/her monthly salary of ( ) Won. It will be paid in one month.

It will be paid in full at the end of the contract! Not in one month!

5. Benefits



5.1. Housing

(a) The Employer will select and provide free furnished living accommodation for the Employee usually located not far from the Institute (about 20-25 min. subway ride).

Too far! It should be withing 5-10 minutes walking distance!

(b) The accommodation may be a private apartment (bachelor/studio) or a two-three room apartment shared with other Employees with a private bedroom for each Employee and a shared kitchen and bathroom.

Demand single housing!

(c) The Employer will also provide furnishings which will include: a single bed, table, two chairs, two-burner gas hot plate, refrigerator, wardrobe, washing machine, TV set, toaster and some bedding (pillow, comforter, sheets).

Demand Air con and some dishes

(d) The costs of all utilities (gas, water, electricity, cable TV, and telephone charges) and a monthly maintenance fee will have to be paid by the Employee. In the case of shared accommodation, the costs will be divided between the housemates.

5.2. Vacation, Holidays and Emergency Leave

The Employee will have: (a) paid short-term breaks between sessions as determined by the Employer

Which is what? When? How long?

.in total approximately 15 days and national holidays. If the Employee wishes to take additional (unpaid) vacation, he/she must give the Employer at least a two-month notice before taking a vacation; (b) paid statutory/ public holidays detailed in a yearly calendar; (c) up to 5 days of paid emergency leave in a year in the event of a death or serious illness of an immediate family member, such as grandparent, parent, spouse, children, brother or sister. The emergency leave will be granted and/or extended after a close consultation with the Principal. The Employee will bear the cost of transportation.

5.3. Health Insurance

The Employee will be provided with health insurance coverage from the designated public health insurance corporation with 50% of the premium paid by the Employer and 50% - by the Employee.

5.4. Transportation

The Employer will purchase for the Employee a one-way economy class air ticket to Korea from a main international airport in the country/city where the Employee resides and from which he/she was hired. After completing a one-year contract the Employee will be provided with a return economy class air ticket.

Always add in a clause allowing for cash in lue of a ticket. You may want to go to Thailand, Phillipines or any number of other locals when you return home or you may want to stay in Korea at another school.

5.5. Visa Sponsorship

If the Employee does not obtain work visa in the country of his/her residence, the Employee will receive full visa sponsorship from the Employer upon arrival in Korea. This will include a paid round trip air ticket to Japan (to obtain work visa there) and money to cover travel expenses.


III. Taxes and Other Deductions

The following taxes and deductions will be withheld from the Employee��s monthly salary:

1. Income tax required by the Korean Tax Law (approximately 5%, which may be adjusted pursue on the changes of the Korean Tax Law);

Depending on the salary it can vary. Tax on 2 mil is 1.5% That 5% is way way too high!

2. National Pension Contribution according to regulation (approximately 5%, which may be adjusted pursue on the changes of the regulation).

There are no approximations! It is .5% from you and another 4.5% from your cheapass employer!

NOTE: Upon completion of the contract (agreement), pension contributions will be fully reimbursed to the Employee from USA
& Canada by the Korean government;

3. Health Insurance (at present 4.48%);

Yes of which 2.24% is paid by you and a matching 2.24% is paid by the employer.

4. 200,000 Won per month for the first three months as a security deposit for unpaid utilities and phone charges even if the Employee pays them each month. This deposit WILL BE refunded to the Employee one month after this contract is completed.

Delete this! Dont allow them to take deposits! IF you tell them no its illegal for them to try to take it from you!



IV. Employee��s Conduct and Dress Code

1. During the term of this Agreement the Employee is expected to conduct himself/herself in a professional manner that would project a good image of the Institute. Therefore, the following forms of behavior will NOT be permitted:

1. Coming to the Institute and conducting class under the influence of alcohol or illegal drugs and while smoking;
2. Making sexual advances towards or entering into relationships with the students or employees of the Institute;
3. Using bad language in class that would offend or discredit students, the staff and the Institute.
4. Not following scheduled class timetables, canceling, starting classes late without the prior approval of principal.



2. The Employee should present himself/herself to students as a professional. Casual attire, provided it is clean and neat, is acceptable. However, NO blue jeans, sneakers and T-shirts will be allowed (unless otherwise instructed).


V. Duty of Confidentiality

1. The Employee shall not disclose information relating to the contents of lectures, teaching material and business operation of the Institute to any third party.
2. The Employee shall not disclose information regarding his/her salary, overtime payment, and contract hours to any third party, including other Employees of the Institute.

Too late now



VI. Outside Employment and Conflicts of Interest

1. According to Korean Immigration Law, foreign workers are allowed to work legally in Korea ONLY for the Employer/Institute for which they have received a work visa.

Not true...with permission from your employer and immigration you are able to work at a secondary site.

2. By signing this Agreement, the Employee agrees to devote his expertise, time and attention to discharge his duties to his legal Employer and not to engage in any other activity that would in any manner whatsoever compete with the Employer and pose any conflict between the interest of the Employer and the other party and/or interfere with the performance of the Employee��s duties.
3. If the Employee wishes to accept any other employment, such as private or part-time teaching, editing and so on, he/she must get the Principal��s approval before doing so. Failure to comply with this rule may result in immediate dismissal.

didnt you say in clause 1 that you couldnt do this?



VII. Dismissal, Voluntary Resignation and Liquidating Damages

1. The Employer will have the right to dismiss the Employee if or when:

1. The Employee repeatedly fails to perform his/her duties stated under this Agreement including but not limited to frequent absences from the place of Employment/Institute without approval of the Principal/ Vice-Principal.
2. The Employee fails to conduct himself/herself in a professional manner (as described in Employee��s Conduct and Dress Code section of this Agreement) resulting in damaging the image of the Institute.
3. The Employee places any student or a staff person in jeopardy or causes significant material damage to the Employer as a result of his/her negligence or reckless behavior.
4. The Employee commits any criminal act inside or outside the place of employment/Institute. This will result in immediate dismissal with neither warning nor time for remedy being given to the Employee.
5. The Employee has already received three (3) reprimands (warnings) from the Employer of dissatisfaction with the Employee��s performance, and the Employee has not rectified the situation.

2. The Employee may not earlier terminate this Agreement without a good reason. If required, 45 days prior notice must be given to the Employer before termination of the contract.

You may terminate this crappy contract with 30 days notice...no reason needs to be given!

3. In any case of dismissal or voluntary resignation, the Employer will not provide a return ticket and will not give the severance pay. In addition, if the Employee voluntarily terminates this contract before six (6) months of employment, he/she will have to reimburse to the Employer the initial airfare and other expenses that the Employer has incurred in the process of hiring of the Employee, such as recruiter��s fee, housing utilities deposit and other expenses (if applicable).

VIII. Understanding

1. Both parties have read the above terms and conditions and agree to fulfill them in good faith and will resolve any dispute in a reasonable manner.
2. All issues that cannot be solved by the two parties above will be solved in accordance with the appropriate laws of the Republic of Korea.

c. The contents of W Teachers�� Manual are to be incorporated to be part of this employment contract.

The employer will evaluate the employee every semester. The employer may

dismiss or transfer the employee to other branch, if employee fails to observe his/her duties stated above.

They cannot transfer you and they cannot dismiss you without proper notice(30 days or 30 days pay)

The Employer and the Employee have executed this agreement and appended their signatures on the date below:


Keep on looking this is a crappy contract!