Korean Job Discussion Forums

[earthling]

Hello forum beings.
I'm in need of your help. Take a look at this contract and tell me what's missing and what needs to be "fixed."
Thank you in advance.

EMPLOYMENT CONTRACT FOR INSTRUCTOR

The following contract is an employment agreement between ___ __to be referred to as the instructor and ____to referred to as the institute from this point tenth.

Ⅰ. Period of Employment

The instructor will be employed by the institute for the following dates.

From June 2006 To June 2007

Ⅱ. Schedule

The number of regular teaching hours will be 30 hours per week. Class will be held from Monday to Friday class and teaching are scheduled in accordance with the needs of the Institute; however, reasonable efforts will be made to accommodate Employee's requests.

Ⅲ. Pay

Employer agrees to pay Employee monthly salary 2.0 million Korean Won.

Pay period begins on the first day and ends on the last day of each month, and the monthly salary is payable on the 10th of the month following each pay period. However, on the last month of the contract term, the monthly salary and severance pay is to be paid on the last day of the contract term.

B. Overtime rate for the each hour worked over and above 30 hours per week is 20,000 won per hour.

C. Bonus/Severance Payment: Employee will be given an additional one/twelfth of annual salary for completing the contract period. This amount will be paid at that time of completion of the full contract term.

D. Korean income tax will be deduced from the salary according to Korean tax law

(currently 3～5%)

Ⅳ. Airfare

Employer agrees to provide Employee a round trip ticket. However, in the event the Employee fails to complete6 months term of the contract employee agree to reimburse Employer the cost of the said initial one way portion of the airfare. For a local hire Employer will provide a visa run cost and the return ticket at the end of the contract.

Ⅴ. Accommodation

Employer agrees to provide non-shared studio housing for Employee. Employee is not responsible for the payment of the utilities.

Ⅵ. Insurance

ANationional Pension and medical insurance plan from an insurance company or Koreang overnment willbe offered to the instructor. Employer further agrees to pay 50% of the monthly premium. Employee is responsible for the other 50%, and Employee's portion of the monthly premium is made through deduction from salary. Dental and pre-existing conditions are not included.

Ⅶ. Instructor's duties

A. English teacher/ Instructor:

Employee as an English teacher, will direct and guide the students in conversational English, and as such, minimal class preparation is required. Employee will be provided with the books and teaching materials necessary to conduct the class. Employee is expected to conduct the class without assistance.

B. Native English speaker:

Employee, as a native speaker, will instruct the students in pronunciation exercises. Employee will be provided with the necessary material to conduct such exercises. Employee may be assisted by a Korean English teacher. Employee also agrees to participate in the monthly field trip.

C. The instructor will set a good positive example at all times. Theinstructorwillfollowsetclassschedulesandwillnotdismissclass,cancel classes, start classes late without the approval of the director. The instructor should be good health.

Ⅷ. Holidays/annual leave/tardiness notification procedures:

A. Holidays : There are 13～15 Korean holidays per year. Employee will be off with pay on those days.

B. Annual leave : Employee is permitted 10 days of paid leave per year. Employee agree to give at least 7 days notice in advance.

C. Unpaid leave : Unpaid leave is permitted only under extreme and unusual circumstance. Extreme and unusual circumstance includes, but not limited to, death or serious illness of self or immediate family member. Upon presentation of proper notice and proof to the Employer, Employee may be granted up to seven days of unpaid leave.

3 of 3

D. Sick leave : Employee is permitted up to 3 days of paid sick leave per year. Unused sick leave may not be taken as annual leave. In order to be eligible for paid sick leave, when Employee is unable to attend class due to illness, he or she shall notify Employer, with an accompanying proof of illness from a physician, at least a half an hour prior to the commencement of the class. If Employee fails to notify Employer with proper of illness, the employer has the right to deduct one day's pay for every day the employee is absent from work.

E. Tardiness : If Employee is more than 10 minutes late without notification, one hour of pay may be deducted.

Ⅸ. Release from contract

Both parties have the right to make the contract null and void under one of the following circumstances:

A. The health of the Employee is such that it is deemed impossible for the Employee to continue work

B. Blatant misconduct by Employee either professionally or otherwise

C. Employee or dependants violate Korean law

D. In the event of war, civil strife, or other disturbances or matters that are deemed by either the Employee's government or Korean government as being unusual and of adequate reason for leaving the country, provided that official document from respective embassies presented.

Notification Requirement : Employer or Employee may annual the contract by giving a minimum of one month advance notice in writing. In the case of Employer seeking annulment, reasonable and adequate grounds must be provided in order for the contract to be dissolved. Reasonable and adequate grounds for annulment includes. but not limited to, persistent blatant and gross misconduct, conducting classes under the influence of intoxicants, continual absence and/or tardiness for classes. If Employee desires arbitration, a mutually agreed upon third party must be provided to settle the matter. Employee may seek annulment in cases where the employer does not complete the terms as they are required to complete according to the contract.

Ⅹ. Legal action

If there is a dispute between the parties involved in this contract, parties agree to the final judgement of a Korean civil court, or Korean civil law, whatever the final decision may be. If at anytime Employee leaves Institution without giving prior notice and without going through the appropriate procedures, Employer has the right to pursue legal actions, for damages and attorney fees, against Employee. If Employee has left Korea altogether, Employer has the right to pursue legal actions outside of Korea.

[sheba]

Pension is listed under Insturance in your contract. The contract seems pretty standard to me, nothing stands out as being unreasonable. In fact its almost identical to my contract.

If youre sick enough to take a day off work then you should probably see a doctor anyway, so a note is no big ask.

[earthling]

Thanks for the input. You're right about the pension thing.

[ttompatz]

[Grotto]

EMPLOYMENT CONTRACT FOR INSTRUCTOR

The following contract is an employment agreement between ___ __to be referred to as the instructor and ____to referred to as the institute from this point tenth.

Ⅰ. Period of Employment

The instructor will be employed by the institute for the following dates.

From June 2006 To June 2007

June? to June? date?

Ⅱ. Schedule

The number of regular teaching hours will be 30 hours per week. Class will be held from Monday to Friday class and teaching are scheduled in accordance with the needs of the Institute; however, reasonable efforts will be made to accommodate Employee's requests.

as San Dureo says: you want a clause stating that "the teacher will not be asked or required to spend more than 8 hours a day at that institute" I personally think you should say 7 hours.


Ⅲ. Pay

Employer agrees to pay Employee monthly salary 2.0 million Korean Won.

Pay period begins on the first day and ends on the last day of each month, and the monthly salary is payable on the 10th of the month following each pay period. However, on the last month of the contract term, the monthly salary and severance pay is to be paid on the last day of the contract term.

Pay should be at the end of the month....by the 5'th at latest!

B. Overtime rate for the each hour worked over and above 30 hours per week is 20,000 won per hour.

C. Bonus/Severance Payment: Employee will be given an additional one/twelfth of annual salary for completing the contract period. This amount will be paid at that time of completion of the full contract term.

D. Korean income tax will be deduced from the salary according to Korean tax law

(currently 3～5%)

On 2 mil its closer to 2%...dont accept anything more!

Ⅳ. Airfare

Employer agrees to provide Employee a round trip ticket. However, in the event the Employee fails to complete6 months term of the contract employee agree to reimburse Employer the cost of the said initial one way portion of the airfare. For a local hire Employer will provide a visa run cost and the return ticket at the end of the contract.

Ⅴ. Accommodation

Employer agrees to provide non-shared studio housing for Employee. Employee is not responsible for the payment of the utilities.

Furnishings? Utility free

Ⅵ. Insurance

ANationional Pension and medical insurance plan from an insurance company or Koreang overnment willbe offered to the instructor. Employer further agrees to pay 50% of the monthly premium. Employee is responsible for the other 50%, and Employee's portion of the monthly premium is made through deduction from salary. Dental and pre-existing conditions are not included.

the amount deducted is 2.24% each.

Ⅶ. Instructor's duties

A. English teacher/ Instructor:

Employee as an English teacher, will direct and guide the students in conversational English, and as such, minimal class preparation is required. Employee will be provided with the books and teaching materials necessary to conduct the class. Employee is expected to conduct the class without assistance.

B. Native English speaker:

Employee, as a native speaker, will instruct the students in pronunciation exercises. Employee will be provided with the necessary material to conduct such exercises. Employee may be assisted by a Korean English teacher. Employee also agrees to participate in the monthly field trip.

field trip? How long? When? Sometimes they slip these in on Saturdays which is unacceptable IMO

C. The instructor will set a good positive example at all times. Theinstructorwillfollowsetclassschedulesandwillnotdismissclass,cancel classes, start classes late without the approval of the director. The instructor should be good health.

Ⅷ. Holidays/annual leave/tardiness notification procedures:

A. Holidays : There are 13～15 Korean holidays per year. Employee will be off with pay on those days.

B. Annual leave : Employee is permitted 10 days of paid leave per year. Employee agree to give at least 7 days notice in advance.

Get some clarification here....can you take all ten days at once? you really want some clarity here.

C. Unpaid leave : Unpaid leave is permitted only under extreme and unusual circumstance. Extreme and unusual circumstance includes, but not limited to, death or serious illness of self or immediate family member. Upon presentation of proper notice and proof to the Employer, Employee may be granted up to seven days of unpaid leave.

3 of 3

D. Sick leave : Employee is permitted up to 3 days of paid sick leave per year. Unused sick leave may not be taken as annual leave. In order to be eligible for paid sick leave, when Employee is unable to attend class due to illness, he or she shall notify Employer, with an accompanying proof of illness from a physician, at least a half an hour prior to the commencement of the class. If Employee fails to notify Employer with proper of illness, the employer has the right to deduct one day's pay for every day the employee is absent from work.

You shouldnt need a doctors note unless you miss more than one day in a row due to illness.

E. Tardiness : If Employee is more than 10 minutes late without notification, one hour of pay may be deducted.

Stupid clause...so if you're late.....sit back, have a coffee and show up for your next class....you're not being paid for this class anyways

Ⅸ. Release from contract

Both parties have the right to make the contract null and void under one of the following circumstances:

A. The health of the Employee is such that it is deemed impossible for the Employee to continue work

B. Blatant misconduct by Employee either professionally or otherwise

C. Employee or dependants violate Korean law

D. In the event of war, civil strife, or other disturbances or matters that are deemed by either the Employee's government or Korean government as being unusual and of adequate reason for leaving the country, provided that official document from respective embassies presented.

Notification Requirement : Employer or Employee may annual the contract by giving a minimum of one month advance notice in writing. In the case of Employer seeking annulment, reasonable and adequate grounds must be provided in order for the contract to be dissolved. Reasonable and adequate grounds for annulment includes. but not limited to, persistent blatant and gross misconduct, conducting classes under the influence of intoxicants, continual absence and/or tardiness for classes. If Employee desires arbitration, a mutually agreed upon third party must be provided to settle the matter. Employee may seek annulment in cases where the employer does not complete the terms as they are required to complete according to the contract.

Ⅹ. Legal action

If there is a dispute between the parties involved in this contract, parties agree to the final judgement of a Korean civil court, or Korean civil law, whatever the final decision may be. If at anytime Employee leaves Institution without giving prior notice and without going through the appropriate procedures, Employer has the right to pursue legal actions, for damages and attorney fees, against Employee. If Employee has left Korea altogether, Employer has the right to pursue legal actions outside of Korea.

Lack of a set schedule is enough of a deal killer for me.

[Homer]

I agree with Grotto except for two points.


1- Field trips are not unacceptable... They need to be defined (how long, how often, how much....). That being said these trips can be a fun activity with the students or they can become a drain to you...

2- The schedule thing needs to be clarified but it would not be a deal breaker for me. Instead, just ask for a clear schedule and understand that the schedule may shift sometimes due to enrollment or other factors.

I agree the late clause is retarded....

[jacl]

June 5, 2006 to June 4, 2007 (or the like)

Teaching hour needs to be defined (i.e. one teaching hour = 50 minutes).

You need a schedule (from said hour to said hour). You don�t want to work split shifts. Anyway, they can�t just leave the schedule hanging. Which comes to the next point: overtime. Overtime is calculated daily. So, if you work a determined shift of, let�s say, 2 to 9, anything before 2 and anything after 9 is OT. Anything more than 6 teaching hours within the 7 hr schedule is also OT. That way, if you only teach 3 or 4 classes on Tuesdays and Thursdays, it�s not your problem. You don�t want to have to make up for it on Mondays, Wednesdays and Fridays. By law, it�s only 6 teaching hours/day. Your contract should also state 30 hrs or less per week. Teacher doesn�t need to make up for it.

The 10th is a little late. I�d go for the 5th.

Yes, the contract should state that you will be taxed according to Korean Law, but 3 to 5% is way too high. Should be in the 2% range. If you work overtime, the tax will be higher.

They're going to have to provide you with details of what�s included in the accommodation. Usually a stove, fridge, air con, washer, bed, armoire, table, kitchen chairs, kitchen utensils, pans, rice cooker, etc., dresser, pillows, blankets, TV, telephone, VCR. Shoot for a couch.

Free utilities is good. That increase your salary by at least 100,000, but it's too vague in many areas. I'd pass this one up big time.

[alabamaman]

1. Period of Employment

The instructor will be employed by the institute for the following dates.
From June 2006 To June 2007

Dates? I'm picky about these clauses, and think there should be a line in the clause stating in a round about way, "The worker will not work for the employer until the worker has been issued an E2 Visa from Korean Immigration."

For example:

The worker shall not work for the employer until Korean Immigration has issued the worker an E2 Visa. When the worker has been issued an E2 Visa from Korean Immigration, the period of employment will begin on _______/_______/_______ and end on _______/________/________.
The period of employment shall not exceed a period longer than one year.

II. Schedule (No specified hours and this clause had a good change for split shifts!)

The number of classroom hours will be 30 hours per week. Class will be held from Monday to Friday class and teaching are scheduled in accordance with the needs of the Institute; however, reasonable efforts will be made to accommodate Employee's requests.

It's important to have the your hours that you will be working each day. That way you don't have to work split shifts unless you want to. I suggest you stick with a 2p.m.-8p.m., or 3p.m. type schedule. This clause did not say how long each class hour was going to be.

For example:

The worker shall work Monday through Friday, 2p.m. through 8p.m., no split shifts, and classes taught consecutively throughout the contract period. Furthermore, the worker shall teach Korean Students 45 minutes per class throughout the contract period.

Ⅲ. Pay (Original clause's pay date was not appropriate!)

Employer agrees to pay Employee monthly salary 2.0 million Korean Won.

Pay period begins on the first day and ends on the last day of each month, and the monthly salary is payable on the 10th of the month following each pay period. However, on the last month of the contract term, the monthly salary and severance pay is to be paid on the last day of the contract term.

The worker's guranteed monthly salary throughout the contract period will be 2,000,000 Korean Won. Furthermore, the employer will pay the worker the last working day of each month throughout the contract period.

B. Overtime rate for the each hour worked over and above 30 hours per week is 20,000 won per hour. (Original clause was not specific enough)

The worker may work overtime classroom hours at the rate of 23,000 Korean Won when the worker has worked 120 classroom hours during any month throughout the contract period. Both parties must mutually consent before overtime classroom hours are worked. Overtime classroom hours shall consist of 45 minutes of teaching English to Korean Students. The worker shall also be paid 23,000 Korean Won per hour worked on Saturdays throughout the contract period.

C. Employee will be given an additional one/twelfth of annual salary for completing the contract period. This amount will be paid at that time of completion of the full contract term. (Numbers should always be in a severance clause and not this fraction garbage! Details are what you need.)

Upon completion of the worker's contract, severance pay in the amount of one months salary, 2,000,000 Korean Won, will be paid to the worker on the last working day.


D. Korean income tax will be deduced from the salary according to Korean tax law (Original clause was not specific enough)

The employer will deduct 28,950 Korean Won as a monthly withholding from the worker's monthly salary per month throughout the contract period.

V Accomodation: Original clause wasn't detailed enough!

The employer will provide the worker single housing, and rent. The worker is responsible for paying utility bills, including electricity, water, gas, cable, internet and telephone. Any and all damage caused by worker will be paid by worker. The employer will provide furnitures and other appliances. They will include an air conditioner, bed, bedding, sheets, desk, table, dining set, TV, washing machine, clothes rack, pots, pans, dishes, phone, fridge, and a stove. In return for a furnished apartment, the worker agrees to respect and care for the apartment, with the exception of normal repairs, in a respectful manner. Any outstanding bills belonging to the worker will be the sole responsibility of the worker.


Ⅵ. Insurance (This clause isn't specific enough)

ANationional Pension and medical insurance plan from an insurance company or Koreang overnment willbe offered to the instructor. Employer further agrees to pay 50% of the monthly premium. Employee is responsible for the other 50%, and Employee's portion of the monthly premium is made through deduction from salary. Dental and pre-existing conditions are not included.

You should have how much both parties are going to be paid, and when your going to be presented with your insurance card. It should have the Korean National Insurance Plan in the clause. Numbers! Lump sums!

For example:

The employer will enroll the worker in the Korean National Healthcare Insurance Plan. The worker will be physically presented with his medical insurance card on __________/__________/__________. The sum of 3 months contribution, 134,400 Korean Won, will be prepaid by 3 month intervals (the contribution payment duty is retroactive to the day the worker registered for his/her residence in Korea) except for the permanent foreign resident. Responsibility to pay the said sum of 3 months contribution is upon the employer. The employer will deduct 44,800 Korean Won (2.24%) from the worker's monthly salary and pay it to the National Health Insurance Corporation per month throughout the contract period.


(This had more details)
The employer will deduct 90,000 Korean Won (4.5%) per month from the worker's monthly salary, and contribute it towards the Korean Pension Fund throughout the contract period.


Posted: Mon May 15, 2006 8:38 pm Post subject: Newbie needs help with contract

--------------------------------------------------------------------------------

Hello forum beings.
I'm in need of your help. Take a look at this contract and tell me what's missing and what needs to be "fixed."
Thank you in advance.

EMPLOYMENT CONTRACT FOR INSTRUCTOR

The following contract is an employment agreement between ___ __to be referred to as the instructor and ____to referred to as the institute from this point tenth.

Ⅰ. Period of Employment

The instructor will be employed by the institute for the following dates.

From June 2006 To June 2007

Ⅱ. Schedule

The number of regular teaching hours will be 30 hours per week. Class will be held from Monday to Friday class and teaching are scheduled in accordance with the needs of the Institute; however, reasonable efforts will be made to accommodate Employee's requests.

Ⅲ. Pay

Employer agrees to pay Employee monthly salary 2.0 million Korean Won.

Pay period begins on the first day and ends on the last day of each month, and the monthly salary is payable on the 10th of the month following each pay period. However, on the last month of the contract term, the monthly salary and severance pay is to be paid on the last day of the contract term.

B. Overtime rate for the each hour worked over and above 30 hours per week is 20,000 won per hour.

C. Bonus/Severance Payment: Employee will be given an additional one/twelfth of annual salary for completing the contract period. This amount will be paid at that time of completion of the full contract term.

D. Korean income tax will be deduced from the salary according to Korean tax law

(currently 3～5%)

Ⅳ. Airfare

Employer agrees to provide Employee a round trip ticket. However, in the event the Employee fails to complete6 months term of the contract employee agree to reimburse Employer the cost of the said initial one way portion of the airfare. For a local hire Employer will provide a visa run cost and the return ticket at the end of the contract.

Ⅴ. Accommodation

Employer agrees to provide non-shared studio housing for Employee. Employee is not responsible for the payment of the utilities.

Ⅵ. Insurance

ANationional Pension and medical insurance plan from an insurance company or Koreang overnment willbe offered to the instructor. Employer further agrees to pay 50% of the monthly premium. Employee is responsible for the other 50%, and Employee's portion of the monthly premium is made through deduction from salary. Dental and pre-existing conditions are not included.

Ⅶ. Instructor's duties

A. English teacher/ Instructor:

Employee as an English teacher, will direct and guide the students in conversational English, and as such, minimal class preparation is required. Employee will be provided with the books and teaching materials necessary to conduct the class. Employee is expected to conduct the class without assistance.

B. Native English speaker:

Employee, as a native speaker, will instruct the students in pronunciation exercises. Employee will be provided with the necessary material to conduct such exercises. Employee may be assisted by a Korean English teacher. Employee also agrees to participate in the monthly field trip.

If these field trips are outside your 2-8 hours then you should get paid overtime rate!


B. Annual leave : Employee is permitted 10 days of paid leave per year. Employee agree to give at least 7 days notice in advance.

How many days can you take off in a row? How much notice do you have to give? Are there a certain amount of days you can take off in a month?

Unpaid leave : Unpaid leave is permitted only under extreme and unusual circumstance. Extreme and unusual circumstance includes, but not limited to, death or serious illness of self or immediate family member. Upon presentation of proper notice and proof to the Employer, Employee may be granted up to seven days of unpaid leave.

This is called "Emergency Leave." It should be a little more specific. For example:

The worker will be granted up to 6 consecutive days (including weekends) of emergency leave if a member of the worker's immediate family dies, sustains life-threatening injuries, or becomes life-threateningly ill, throughout the contract period. For the purpose of this contract, immediate family includes parents, grandparents, siblings, children, spouse, or common-law partner. This leave is unpaid. Proof of an above-described situation may be requested by the employer. The worker agrees to provide as much notice as possible when requesting such leave.

He did not even say how many days you had either! Not good.....

Both parties have the right to make the contract null and void under one of the following circumstances: (You get terminatied for justifiagle reasons which are neglecting ones duties) You can rephrase B, and stick it in employee duties. You could also stick C in employee duties: employee will abide by Korean Laws

A. The health of the Employee is such that it is deemed impossible for the Employee to continue work

B. Blatant misconduct by Employee either professionally or otherwise

C. Employee or dependants violate Korean law

Good termination clause! (If you can swing a third written letter then hats off to ya!)

The employer shall not dismiss, lay off, terminate, or suspend the worker without "justifiable reasons." In addition, the employer will not dismiss the worker during a period of temporary interruption of work for medical treatment of an occupational injury or disease and within 30 days thereafter. Justifiable reasons shall be defined as neglicting one's "duties" as outlined in clause (>).

The employer will bring problems to the worker in writing. Both parties will communicate respectfully, and work out a solution to the problem. If the problem still has not been solved then the employer may take the following steps:

a) If a problem has not been rectified to the employer's satisfaction, the worker will receive an official verbal warning from the employer.
b) If a problem has not been rectified to the employer's satisfaction, the worker will receive his first official written warning from the employer.
c) If a problem has not been rectified to the employer's satisfaction, the worker will receive his second official written warning from the employer.
d) If a problem has not been rectified to the employer's satisfaction, the worker will receive his third official written warning from the employer.
e) If a problem has not been rectified to the employer's satisfaction, the worker will receive an advance notice of dismissal in writing from the employer.




The employee will have 5 paid sick days during the contract period. A doctors note will be required by the employer when the employee missess more than two days in a row due. Absences due to illness in excess of 5 paid sick days per year will result in deduction from the employee's salary.

Sick leave : Employee is permitted up to 3 days of paid sick leave per year. Unused sick leave may not be taken as annual leave. In order to be eligible for paid sick leave, when Employee is unable to attend class due to illness, he or she shall notify Employer, with an accompanying proof of illness from a physician, at least a half an hour prior to the commencement of the class. If Employee fails to notify Employer with proper of illness, the employer has the right to deduct one day's pay for every day the employee is absent from work.



The employee will have 4 paid sick days during the contract period. A doctors note will be required by the employer when the employee missess more than two days in a row due. Absences due to illness in excess of 4 paid sick days per year will result in deduction from the employee's salary in accordance with the rules of employment.

Throw the LOR clause in to. It's a must!
??) Letter of Release

In the event that the worker seeks release from this contract, the employer must issue a letter of release to the worker upon request, without delay or fee being charged to the worker or potential employers. Under no circumstances shall the employer refuse the worker a letter of release or hinder the worker from securing future employment in Korea. Furthermore, the employer will write a letter of release upon the worker's request. The employer, worker, and one witness shall sign the letter of release. The employer shall stamp the institutional seal upon the letter of release. Under no circumstances will the employer refuse the worker a letter of release, withhold the worker's pay, or hinder the worker from securing future employment in Korea.


Dress Code or did I miss it?


Visa Run Clause: Who's going to pay for what?

??) Visa Run

Make sure you manage to slip this in by accident The worker shall have a 12 hour rest period before actively teaching after returning from the E2 Visa run.

[earthling]

thanks guys. I'll demand changes be made or look else where.