Korean Job Discussion Forums

[Loza]

Hello Forum people,

Please can I get some advice for the below Public elementary school contract?
I�m in Korea and have had a long phone conversation with current native Teacher (he�s been there a year and finishes in 2 weeks) He said it�s a pretty good position, positives for him included large officetel close to school and transport, long holidays, his own classroom/office. Negatives were: the suburb�s an hour from central Seoul (OK with me) and general lack of input from Korean co- Teacher (although he said her English is decent and she�s very pleasant).

Employment Contract

This employment contract (herein after this �contract�) is made by and entered into between the Principal of (name of school) xxx elementary school (herinafter �employer�) and the native speaker (name) xxxx (hereinafter �employee�) a New Zealand citizen residing in South Korea

Article 1. Purpose
This contract is made for the purpose of setting forth the terms and conditions of employment for native English speakers who participate in the xxx(name of area) elementary, middle and high school.

Article 2. Duties
ESLs shall perform the following duties:
1. Employee has duties to fulfill the job condition of this contract faithfully
2. Employee should not work for other companies or institutes with out prior written permission by the employer
3. to co operate with Korean Teacher for English classes
4. to assist with the development of teaching materials related to English language education
5. to assist with activities related to English language education and other extracurricular activities
6. to perform an open class once a year

Article 3 . Supervision
Employee shall carry out the duties set forth in the forgoing article 2 pursuant to and under specific instruction and supervision of the Supervisor of the work place designated by employer.

Article 4. Term of employment
1. The term of employment will be one year (12 months) as long as employee act up to the contract fully (2006.6.19- 2007.6.1
2. Employer should decide to extend the term 2 months before this contract is completed

Article 5. Resignation
1. Employee shall perform the duties set forth under article 4 herof during the term of employment set forth
2. If the Employee should desire to resign and thereby terminate the contract, he/she must give employer a 60 day written notice of resignation stating a date of and a reason for resignation
3. In the case of employee�s resignation his/her visa will be cancelled

Article 6. Working Hours
1. Employee shall work 25 hours per week from Monday to Friday and prepare the class thoroughly
2. Employee is required to comply with the class schedules set by the employer

Article7. Salary
1.Employee will be paid the total amount of 2,000,000 Korean won on the 25th of each month
2. Tax, medical insurance premium and national annuity is employer�s share
3. When employee has not worked a full month, salary for that month shall be paid on a pro rata basis either from the first day or until the last day of work.
4. Half of a round trip airfare economy class will be reimbursed upon employee�s arrival to Korea. The other half will be paid on completion of 1 year contract. The total amount should not exceed 1,500,000won
5. in case of the termination of this contract with in 6 months, employee shall immediately pay back 100% of the one way airfare to employer

Article 8. Sick Leave
1. Employee shall be entitled to paid sick leave if an illness or injury prevents him/her from performing the duties under this contract, provided however that he/she obtains employer�s prior consent
2. When employee takes sick leave for more than 7 days inclusive of a national holiday, Saturday, Sunday) Employee shall submit a practicing doctor�s medical report to Employer
3. Employer�s paid sick leave during the term of employment shall not exceed 15 calendar days. Employee may take a further sick leave with out pay.

Article 9. Vacation
1. Employee is granted vacation for 2 weeks per year(1 week for winter vaction/1 week for summer vacation).
2. Employee can have his/her vacation after the School vacation English programs for students
3. Employee shall apply for and obtain employer�s consent to take a leave at least 15 days in advance

Article 10.Special leave
Employee may take a special leave for a number of days as set forth below for each of the following events:
1. 7 calendar days for employee�s marriage
2. 7 calendar days for the death of employee�s parent or spouse
3. 5 days for the death of employees child

Article 11. Legal obligation of paying taxes
Employee should pay taxes in accordance with the laws of the Republic of Korea. It is the inhabitants tax.

Article 12. Housing
1. Employer will provide employee with a single apartment with furnished accommodation in down town xxx (Name of area)not shared
2. Utility bills (with in the amount of 150,000won per month) will be paid by employer. Exceeding amount will be paid by employee.

Article 13. Termination to the contract
1. Employer reserves all and every right to dismiss employee for neglect of duties or for unwillingness or inability to meet employment conditions as set out under this contract. Employer should let employee know in a written form a minimum of one month prior to the time the employer wants employee to discontinue employment
2. criminal activity or other conduct which could jeopardize any student, staff member or reputation of employer will be cause for immediate dismissal no warning will be allotted
3. employees disharmony with students , unprepared lessons or unwillingness to co operate with administrative responsibilities may be cause for dismissal
4. employer can fire employee when he or she is found to work for companies or institutes other than the school with out prior written permission by employer
5. employee may be also released from the contract when employee is defined by employer as incapable of teaching due to his/hew health problems, injury or any other incapacitating emergency
6. If any of the information provided in employee�s applicatino is neither true nor accurate

Article 14. Telephone expenses
Telephone expenses should be paid by employee

Article 15. Completion bonus
Completion bonus of 2,000,000 will be made if employee successfully completes the one year contract

Article 16. Matters not explicitly stated in the contract
Matters not explicitly stated in the contract shall be determined by the employer by taking employee�s concerns into consideration

Article 17.Indemnity
Employer shall check the leased facilities and financial matters arising from the use of them by employee before the term of employment is completed. If any liability or damages are found these shall be confirmed in written form by employee who will be indemnified from the security deposit pursuant to the foregoing. In the case of the insufficient security of indemnity pursuant to the foregoing employer shall demand further compensation. In the case of protecting employer from any liability or damages employee shall get refunded the whole amount of money secured in advance before termination of contract.

Article 18. Governing language and translation
1. This contract has been drawn up and been executed in the Korean language and English and the Korean language version of this contract will govern and prevail over any translation threof
2. details of this contract can be changed in accordance with the laws of the republic of Korea
3. employer certifies that this English language version is a direct and faithful translation of the Korean version.

Article 19. Signature

Employer and employee make sure of having no objection and hereto sign the contract.

Date of signing:
Signatures of both parties:

END

I need to talk to recruiter about the following:

Regarding Article 7, 2. �Tax, medical insurance premium and national annuity is employer�s share�
Recruiter said employer will pay all of the above, so is inhabitants tax(see below) a different tax I need to pay?
Article 11. Legal obligation of paying taxes
�Employee should pay taxes in accordance with the laws of the Republic of Korea. It is the inhabitants tax�

Article 6. �Working hours are 25 per week�. I thought 22 teaching hours was normal for public schools. There is nothing about overtime pay although current Teacher says he has never been asked to do overtime.

Article 7. I need this changed to PAID leave

I�d really appreciate any advice and feedback you can offer.

Thank you

[Grotto]

Article 6. Working Hours
1. Employee shall work 25 hours per week from Monday to Friday and prepare the class thoroughly
2. Employee is required to comply with the class schedules set by the employer

You really want a schedule listed here: 5 hours per day between X and X o'clock

Article7. Salary
1.Employee will be paid the total amount of 2,000,000 Korean won on the 25th of each month
2. Tax, medical insurance premium and national annuity is employer�s share
3. When employee has not worked a full month, salary for that month shall be paid on a pro rata basis either from the first day or until the last day of work.
4. Half of a round trip airfare economy class will be reimbursed upon employee�s arrival to Korea. The other half will be paid on completion of 1 year contract. The total amount should not exceed 1,500,000won
5. in case of the termination of this contract with in 6 months, employee shall immediately pay back 100% of the one way airfare to employer

Article 8. Sick Leave
1. Employee shall be entitled to paid sick leave if an illness or injury prevents him/her from performing the duties under this contract, provided however that he/she obtains employer�s prior consent
2. When employee takes sick leave for more than 7 days inclusive of a national holiday, Saturday, Sunday) Employee shall submit a practicing doctor�s medical report to Employer
3. Employer�s paid sick leave during the term of employment shall not exceed 15 calendar days. Employee may take a further sick leave with out pay.

Article 9. Vacation
1. Employee is granted vacation for 2 weeks per year(1 week for winter vaction/1 week for summer vacation).
2. Employee can have his/her vacation after the School vacation English programs for students
3. Employee shall apply for and obtain employer�s consent to take a leave at least 15 days in advance

Article 10.Special leave
Employee may take a special leave for a number of days as set forth below for each of the following events:
1. 7 calendar days for employee�s marriage
2. 7 calendar days for the death of employee�s parent or spouse
3. 5 days for the death of employees child

Article 11. Legal obligation of paying taxes
Employee should pay taxes in accordance with the laws of the Republic of Korea. It is the inhabitants tax.

on 2 mil this still only comes to 1.5% Check the monthly withholding tax. I didnt have any problems with the school deducting too much tax and even got a refund at the end of the year.

Article 12. Housing
1. Employer will provide employee with a single apartment with furnished accommodation in down town xxx (Name of area)not shared
2. Utility bills (with in the amount of 150,000won per month) will be paid by employer. Exceeding amount will be paid by employee.

Nice!

Article 13. Termination to the contract
1. Employer reserves all and every right to dismiss employee for neglect of duties or for unwillingness or inability to meet employment conditions as set out under this contract. Employer should let employee know in a written form a minimum of one month prior to the time the employer wants employee to discontinue employment
2. criminal activity or other conduct which could jeopardize any student, staff member or reputation of employer will be cause for immediate dismissal no warning will be allotted
3. employees disharmony with students , unprepared lessons or unwillingness to co operate with administrative responsibilities may be cause for dismissal
4. employer can fire employee when he or she is found to work for companies or institutes other than the school with out prior written permission by employer
5. employee may be also released from the contract when employee is defined by employer as incapable of teaching due to his/hew health problems, injury or any other incapacitating emergency
6. If any of the information provided in employee�s applicatino is neither true nor accurate

Article 14. Telephone expenses
Telephone expenses should be paid by employee

Article 15. Completion bonus
Completion bonus of 2,000,000 will be made if employee successfully completes the one year contract

Article 16. Matters not explicitly stated in the contract
Matters not explicitly stated in the contract shall be determined by the employer by taking employee�s concerns into consideration

Dont like this clause! Unfortunately there is little you can do with public school(it basically means listen to the principal)

Article 17.Indemnity
Employer shall check the leased facilities and financial matters arising from the use of them by employee before the term of employment is completed. If any liability or damages are found these shall be confirmed in written form by employee who will be indemnified from the security deposit pursuant to the foregoing. In the case of the insufficient security of indemnity pursuant to the foregoing employer shall demand further compensation. In the case of protecting employer from any liability or damages employee shall get refunded the whole amount of money secured in advance before termination of contract.

Article 18. Governing language and translation
1. This contract has been drawn up and been executed in the Korean language and English and the Korean language version of this contract will govern and prevail over any translation threof

You do need to change this....the English version is the one you need!

2. details of this contract can be changed in accordance with the laws of the republic of Korea
3. employer certifies that this English language version is a direct and faithful translation of the Korean version.

Article 19. Signature

Employer and employee make sure of having no objection and hereto sign the contract.

Date of signing:
Signatures of both parties:

END

I need to talk to recruiter about the following:

Regarding Article 7, 2. �Tax, medical insurance premium and national annuity is employer�s share�
Recruiter said employer will pay all of the above, so is inhabitants tax(see below) a different tax I need to pay?

inhabitants tax is quite low...your total tax should be no more than 1.5 1.6%

Article 11. Legal obligation of paying taxes
�Employee should pay taxes in accordance with the laws of the Republic of Korea. It is the inhabitants tax�

Article 6. �Working hours are 25 per week�. I thought 22 teaching hours was normal for public schools. There is nothing about overtime pay although current Teacher says he has never been asked to do overtime.

Perhaps they want you to teach 22 classes in that 25 hours? Get clarification of work hours. What did the previous teacher say? work hours should be from X to X and you will teach X amount of classes during that time.

Its a shameful thing when even public school jobs have poorly written contracts! You would think with the amount of money and the amount of FT's they have that they would have a clearly written contract without all the mucked up stuff they put in. Still miles and miles above and beyond a hogwan contract!

Ask for clarification of working hours(whats expected) and then go have fun(see if you can get the salary bumped a bit(although they are paying 150,000 a month of your utilities...so you're actually making 2.15!)

[MorgolKing]

Grotto's advice as always is perfect. But you might have trouble having the public school change any wording on the contract (largely depending on if they're working through their provincial board of education).

[alabamaman]

[rawiri]

Regarding the korea coteacher- I have been in a public elementary school for two weeks and from the outset i told my co teachers that i would like to teach my style, which basically consits of me totally running the class. This is able to be done so long as you are prepared and manage your classes well from day one. Don't take any stick from the kids, let them know that you are the boss, but be friendly and lavish praise on jobs well done.

Classes are easy to run because in public schools, there is a computer teachers use which comes up on a big tv screnn so the kids don't even really need textbooks as it's all point and click from the teacher. We cover about two pages a day from the text and time flies. The co-teachers do very little in my class and i think they appreciate it as they can have a bit of a break.

It's up to you as to your level of participation, if you want the co teachers to run everything and you just be a mouthpiece then you can do that, but if you want to actually teach as opposed to sitting their then you can do that too. I recommend to get as involved as possible, play games, do art work, bring a guitar and sing some songs, just try to mix things up a bit as boredom brings disaster!.

[Hater Depot]

Overall there are quibbles as grotto and alabamaman have mentioned, so you may want to mention them but don't expect that they will budge. Personally I would be happy to sign that contract especially with the recommendation from the current teacher.

[jacl]

Teaching hours are too high and the pay is too low.

No defined schedule.

No defined teaching hour.

"The term of employment will be one year (12 months) as long as employee act up to the contract fully (2006.6.19- 2007.6.1"

- Your contract should be for exactly one year.

30 days notice.

[skconqueror]

I agree that the teaching hours should be 22 and anything over that should be o/t. The money is ok, since they are paying 150,000 of the utilities each moth. 2.15 isnt bad for a first year public school teacher.

[crazylemongirl]

[jacl]

[Loza]

Thanks everyone for all the advice, it's really helpful.

I'll raise and try to resolve issues before I sign contract.

As a newbie I'm still pretty confused as to if the employer is taking money out of my monthly salary to pay my tax, insurance and pension or are they paying it in total themselves. The contract says it's "employers share"???

Are the 22 hours teaching a legal thing or more a usual condition? Are you Public Teachers out there paid overtime for more than 22hr.s?

Jacl-The contract is until 2007.6.19 so one year ( I accidentally stuck a smiley there!)

Rawiri- Thanks for that, I am definately keen to make the lessons as good as possible. I love art so am interested, how have you used art to supplement the main lesson?

Cheers!

[crazylemongirl]

[jacl]

Alabamaman! Your avatar is stetching the user interface!

[Loza]

Hey crazylemongirl, that's good to hear about your situation re: what employer covers. I sure hope they do cover everything, will check tommorrow with recruiter.

BTW- I've read lots of your posts about public schools and Korean life in general. I really like your positivity and sensible advice!

[jacl]