Korean Job Discussion Forums

[cypher]

[jacl]

[flotsam]

[Aussiekimchi]

I agree, it really is not worth beating our heads over as chances are you will not be entering any courtroom, however, all contracts SHOULD (this is as close to an answer as I got from the Labor Board) be written in both languages, for the purposes of both parties understanding the agreement.

I took the English language clause out. You are right we don't need it if it is written in both languages.

And.....I don't dance mate..unless of course Agadoo comes on the radio....
push pineapple shake a tree!

[flotsam]

Herr Kimchi,

Thank you for the solid answer, I appreciate it. And apologies if I seemed too pushy.

Now, good luck with all those directors...

f.

[TheUrbanMyth]

[alabamaman]

[jacl]

[Aussiekimchi]

Well here is the final copy.
The fight will continue with the wangjangnims.
Thanks to those who helped, PM'd me privately, offered great ideas in posts and generally gave encouragement.
Still no 100 virgins though.




Employment Agreement

Institute Name: _______________________________________
Institute address: ______________________________________

This EMPLOYMENT AGREEMENT has been made by and between ______________________ (hereafter referred to as "Employer") and ___________________, (hereafter referred to as "Teacher").
The employer and employee are individuals of equal value and respectability coming together to respectfully exchange their services.

I. EMPLOYMENT OF TEACHER

1. The Employer hereby employs the Teacher to teach ESL classes under the terms and conditions set forth here in this Agreement.
2. The Teacher hereby accepts employment from Employer to teach ESL under the terms and conditions set forth here in this Agreement.
3. The teacher shall begin working for the employer when Korean Immigration has issued the teacher an E2 teaching Visa. The period of employment will begin on the teacher's E2 Visa issue date ________/________/________ and end on the teacher's E2 Visa expiry date ________/________/________. If the teacher seeks contract extension, a written notice shall be submitted to the employer 30 days prior to the teacher's E2 Visa expiry date. The employer shall render a written decision within 7 working days.

II. QUALIFICATIONS

The Teacher must be judged qualified to teach and be able to submit all the necessary documents required by the Korean Department of Immigration for the hiring procedure of the Employer.
The Employer must be a legally registered organization for the purpose of English language instruction.
Documents
a) A sponsorship letter of guarantee will be attached to the teacher's contract at the time the contract is issued.
b) A "Certificate of Employment" will be attached to the teacher's contract at the time the contract is issued.
c) A copy of the employer's "Rules of Employment" will be attached to the contract at the time the contract is issued.
d) Photocopies of the teacher's E2 Visa application papers will be attached to the contract at the time the contract is issued.
e) A duplicate contract written in Korean shall be presented to the teacher prior to any at the time the contract is issued.
f) All original documents presented for visa purposes will be returned to the teacher upon commencement of employment.

III. PLACE OF EMPLOYMENT

The Teacher will not be required or requested to teach outside and apart from the place of employment, unless agreed to by both parties and permission granted by the Korean Department of Immigration.



IV. DUTIES OF TEACHER

1. During the term of this Agreement, the teacher will comply with the instructions, supervision, training and discipline of the Employer within the terms of this agreement. These duties will include instruction in any and all phases of the instructional program, lesson planning, attendance at scheduled staff meetings and workshops. The Employer is responsible for establishing the environment necessary for work and lecture. Staff meetings shall exceed 1 hour per month.
2. Any time worked over ___ hours per month is deemed overtime. Only classroom contact hours in excess of over ___hours per month approved by the Employer are considered overtime. Attendance at scheduled staff meetings, counseling for feedback, lesson planning and workshop are not considered overtime nor teaching hours.
3. The Teacher will teach from Monday to __________________.
4. The Teacher and the Employer will agree to teaching hours and any necessary changes in classroom duties prior to this agreement being signed.
Teaching Hours will be from _____ to _____.
5. In the event that the Teacher must miss classes or be late with a reason which the Employer accepts, the Teacher must inform the Employer as soon as possible to allow the Employer to arrange substitutes.
6. The Teacher MAY be required to submit lesson plans to the Employer regularly. This will be agreed to before the Employment Agreement is signed.
7. The Teacher is not allowed to perform nor accept paid ESL instruction outside the designated classroom without prior approval from the Employer.
8. When performing ESL instruction, the Teacher must wear appropriate clothing. The clothes must be clean and express dignity of the Teacher. The Employer will clarify the dress regulations if any prior to commencement of employment. The Employer and teacher will agree to specific dress regulations before employment commences.
9. At all times during the term of this Agreement, the Teacher and Employer will directly adhere to and obey all the rules and regulations that have been established in this agreement.
10. At all times during the term of this Agreement, the Teacher and Employer understand and agree that all parties will strictly adhere to and obey all laws, regulations, provisions, instructions and guidance from the Government of Korea.
11. For marketing purposes, the teacher�s profile (including name) may be placed on a brochure or Internet, etc. This will be agreed to before employment commencement. At termination of the contract, the teacher�s name, photo and details shall be removed from any brochure or internet website.
12. The Teacher is required to come to school 30 minutes prior to the first scheduled class for preparation. This is not considered teaching time and is unpaid.


V. COMPENSATION AND WORKING CONDITIONS

1. Salary
The Employer will pay the Teacher _____________ Korean won as compensation for all services rendered. Payment for employment will be calculated every month and be made in Korean won. This salary will be paid on the ______day of every month for the past month�s worked. The Teacher�s salary begins upon the first workday after arrival at school. All training days are paid on full salary. Korean income tax and/or National Pension plan and Medical Insurance will be deducted from the Teacher�s salary. The Teacher�s salary determines the actual amount to be deducted as per Korean won.
In the case that the employer is unable to provide the employee with ____ lessons per week worth of in-class teaching time, the employee will still be paid a basic salary of ______________ Won per month.
In the event the teacher wishes to renew the contract for a one year period, he/she will receive an increase in salary. The salary for the new contract will be decided during negotiations.

2. Korean Pension Scheme
The employer shall deduct 4.5% of the employee's monthly salary in the amount of _________ Korean Won throughout the contract period and contribute all deductions to the Korean Pension Scheme.

3. Teaching Hours
The Monthly teaching hours will be ______ hours (1 hour is 50 minutes) and each class will consist of ________ minutes.
The school operates between the hours of _________ and _________, Monday through _________.
The workload is ____ lessons per week within the periods of _____ to _______ on Monday to ___________ .

4. Overtime
If the Employer requires the Teacher to work in excess of _______ hours per month such overtime or extra hours shall be paid for, in addition to the monthly salary, at the rate of __________Korean won per hour during Monday � ___________________. The employee has the right to refuse overtime.

5. Holidays
Korean National Holidays are approx. 15 days/year. These days are paid. The teacher will receive a further ____ days paid vacation and agrees to take these according to the schedule of the school. The Teacher will observe holidays as prescribed in a yearly calendar by Korean law.

6. Monthly Withholding Tax
The employer shall deduct ________ Korean Won from the employees monthly salary throughout the contract period and pay all deductions to the District Tax Office concerned.
Monthly withholding tax will be taken off in accordance to the government website..

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

8.Transportation and Travel expenses
The Employer will provide the Teacher with a one way economy class ticket from the point of hire to Korea. In the event that the Teacher completes the full contract, the Employer will provide the Teacher with another one way economy class ticket from Korea to the point of hire at the time of termination of employment. If the Employer and the Teacher both agree to an extension of employment, the return air ticket will be provided at the time of completion of the subsequent contract period. In the event that the Teacher resides in Korea at the time of hiring, a round trip ticket from Korea to back home will not be offered. All visa expenses (airfare, accommodation and agreed allowance) outside of the actual visa application fee will be paid by the Employer to the Teacher in the case of Japan visa runs.

9. Severance pay
Severance pay, _____ Million Korean Won, will be provided to the Teacher upon completion of a one year contract. This amount shall be added to the salary of the last working month and shall be subject to the relevant deductions.

10. Medical Insurance
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, ____________, will be prepaid by 3 month intervals (the contribution payment duty is retroactive to the day the teacher was registered for his residence in Korea) except for the permanent foreign resident. Responsibility to pay said sum of 3 months contribution is upon the employer. The employer will deduct (2.24%) from the teacher's monthly salary and pay it to the National Health Insurance Corporation per month throughout the contract period.

11.Sick Leave
The teacher will be allowed ____ days� paid sick leave during the contract period. Other classes missed will be deducted from the monthly salary.
Unused sick leave will be paid out at the end of the contract at the rate of _____won per day.
A doctor�s invoice with the diagnosis and prognosis is required if the teacher misses two or more consecutive days.

VI. INSTRUCTION FEE DEDUCTIONS

In case of an unapproved absence (days that have exceeded the amount allocated for sickness leave), the amount of _____ Won per hour will be deducted from
the Teacher's instruction fee (a day= ____KRW x ____hrs). A substitute teacher for the
absent teacher will receive the instruction fees, but Employer will not regard the substitute
teaching as overtime.
Any teacher who is late more than _____ times will be given a written warning. Any further tardiness will be cause for dismissal.


VII. DISMISSAL

Employer will have the right to dismiss the Teacher for clear and frequent neglect of duties under this agreement. When appropriate, prior to any such dismissal, the Teacher will be warned of dissatisfaction with performance in writing and will be afforded at least twenty days in which to remedy the same. Criminal or other conduct inside or outside the place of employment that would at the discretion of the Employer seriously jeopardize any student or staff person, or the reputation of the Employer, will cause immediate dismissal and neither warning nor time for remedy will be given.
Advance notice of dismissal
The employer shall give an advance notice to the teacher at least 30 days before dismissal. If such notice is not given 30 days before the dismissal, normal wages for more than thirty days shall be paid to the teacher in the amount of ________ Korean Won.
Teacher Resignation
The teacher shall provide the school with one month�s notice before terminating the contract.
If the teacher seeks release from the contract before completion, the teacher shall provide 30 days written notice to the employer. All outstanding wages will be paid on the last day worked by the teacher. The employer shall issue a letter of release to the teacher upon request.
The employer also understands that this contract has been signed in good faith and will meet each of the articles mentioned honorably. Should the employer fall breach of this agreement, and if not rectified, the employer is liable to provide a release letter from the contract, pay in full all outstanding wages, all said airfares, return any monetary deposits on accommodations.
In this case, the teacher agrees to remain at the school for 5 working days to allow a replacement teacher to be found.
In the event that Teacher voluntarily resigns prior to the termination of the term of this Contract, the Teacher shall not receive return airfare to the point of original departure.
the Teacher shall owe the amount of the original airfare to Employer, (if resignation is prior to 6 months after the contract commences.) Once the teacher has been at the school for more than 6 months airfare to Korea will no longer be held liable for the airfare.

VIII. TERMINATION OF CONTRACT

Employer reserves the right to terminate this contract for cause with written notification 30 days in advance and for serious cause without notice.
This right will be taken advantage of when:
1.The Teacher is found to be in breach of contract.
2. Absence from work (non sick days) occurs more than three times in a two month period.
3. The Employer concludes that the Teacher cannot perform class activities, or lacks the qualities necessary to be an effective teacher after all remedies have been tried.
4. The documents submitted to the Employer are proved to be counterfeit.

IX. EMPLOYER PROPERTY

Teacher must return the following items when the contract terminates.
1. All the things that Employer has rented or lent to Teacher.
2. Teaching materials.
3. Reference books owned by Employer.
4. Any other property owned by Employer.

X. MERGER CLAUSE

This agreement constitutes the entire understanding between the parties with respect to the subject matter and supersedes all previous negotiations, commitments and writings with respect. This contract nullifies and voids any previous contract between the two parties.

XI. GOVERNING LAW & JURISDICTION

This agreement will be interpreted according to the domestic laws of Korea. A competent court in Korea will have jurisdiction in regard to any dispute or claim arising out of, or in connection with, this agreement. The Employer and the Teacher have executed this agreement on the date indicated below. Intending to be legally bound and IN WITNESS WHEREOF, Employer and Teacher have appended their signatures.


XII. PERIOD OF EMPLOYMENT

The period of employment under this contract is from to beginning and ending in the Republic of Korea. In the event of teacher's actual arrival on the job does not take place on the commencement date above, the contract period will start from the actual arrival date.


Employer___________________________
Date ________________________



Teacher____________________________
Date ________________________

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[alabamaman]

I'm happy for every perspective teacher who may see this clause in their contract;

3. The teacher shall begin working for the employer when Korean Immigration has issued the teacher an E2 teaching Visa. The period of employment will begin on the teacher's E2 Visa issue date ________/________/________ and end on the teacher's E2 Visa expiry date ________/________/________. If the teacher seeks contract extension, a written notice shall be submitted to the employer 30 days prior to the teacher's E2 Visa expiry date. The employer shall render a written decision within 7 working days.

My hats off to the OP!

[jacl]

[Canucksaram]

Aussiekimchi (et. al.), few schools care to make use of a fair and balanced contract.

When I worked as an employment and contract consultant with a Korea-based recruiting agency, one of my duties was contract checking.

None of the contract-consulting work I was paid to do bore fruit. I cannot recall a single contract revision of mine that was ever used, even in cases where the contract of a client (a hiring hagwon) violated the Korea Labor Standards Act.

I was lucky enough to stumble upon a shell of a contract that was up on the EFL Law website, about two years ago. At that time, it was posted gratis and I'm sure it was downloaded by many.

To my knowledge, this contract was a work in progress. I used it to base some of my own contracts on. Note: Kudos for its creation go to EFL Law.

Free for all, and I hope it helps some folks:

[TheUrbanMyth]

[jacl]