Korean Job Discussion Forums

[vassalage]

So I have been dealing with a recruiter and this is the second contract with the obvious revisions I wanted completed. But I am still unsure if it is a decent contract or if there is lots of stuff in there that I should have changed. I have spoke to one of the other teachers there and he said it is pretty slack and that he has an apartment about 30 minutes away by vehicle. I haven't been told where my apartment is but I would prefer it to be walking distance. Is this unreasonable? I don't want to annoy the school with all my revisions but I also don't want a crap contract.

EMPLOYMENT AGREEMENT FOR INSTRUCTOR
International Language School


This EMPLOYMENT AGREEMENT has been made this on June 15th 2006 by and between _______ , a sole proprietorship organized and existing under the laws of Republic of Korea, and having its principal office at Jeju Korea (Herein after called �Employer�),and ____________( passport no) a citizen ofCanada whose domicile is ______________.(Herein after called �Employer�) Employee has been selected and approved by Employer, to teach English language, therefore, Employer and Employee, in consideration of the mutual promised and covenants contained herein, agree as follows:

1. EMPLOYMENT OF EMPLOYEE
Employer hereby employs Employee to teach English language in form and manner and under the terms and conditions set forth in this Agreement.
Employee hereby accepts employment from Employer to teach English language in the form and manner and under the terms and conditions set forth in this Agreement.

2. PLACE OF EMPLOYMENT
Employee will be employed to teach English language at the address of the principal office as above (herein after referred to as �Institute").

3. TERM OF RENEWAL
3.1 The term of this Agreement shall be Twelve (12) full and consecutive months from
the next day of arrival in Korea, specified in Section 4 of this contract.
3.2 No later than four (4) full months before the date of termination of this Agreement,
Employer and Employee shall consult together and shall agree either to an extension or termination of it.

4. DUTIES OF EMPLOYEE
4.1 During the term of Agreement the Employee shall accept and strictly comply with the instructions, supervision, training, and discipline of the Academic Director and shall carry out such assignments as directed by the Academic Director. These duties shall include ELS instructions in all phases of the program, administrative duties related to the classroom duties, administrative at scheduled staff meetings, workshops, and school sponsored outings and any other duties as may be assigned by the Academic Director. The Academic Director is responsible for establishing standards of performance relative to the Employee and also empowered to take necessary steps to assure that those standards are met.
Monday through Friday are teaching days except for scheduled public holidays and vacation days.
4.2 During the term of Agreement, the Employee will be required to accomplish the assigned duties for 30 clock hours each week. (one month 120 hours)

4.3 Each teaching hour in excess of 30 hours a week is considered as overtime.
(1 overtime clock-hour, 18,000 won)
In order to maintain the quality of lessons one hour of preparation time prior to classes each day is required from the Employee. This preparation time is not included in the calculation of any overtime hours, which the employee may be required to work. The Employee is required to attend in a staff meeting a week.

4.4 Employee shall not be permitted and shall not have the right to work outside of Institute. Since Institute employees are full-time employees such approval will normally be denied.

4.5 Employee understands and agrees that at all times during the term of this Agreement; Employee shall strictly obey all laws, regulations provisions, instructions, and guidance from the Government of Korea or any local government or officials thereof.

4.6 Every three incidents of unexcused tardiness by Employee shall be penalized as one lecture hour of unauthorized absence.


5. COMPENSATION AND OTHER TREATMENT OF EMPLOYEE
5.1 Salary
Institute shall pay Employee as compensation for all services rendered the total aggregate monthly salary of 2,000,000 won for each month of contract period with Institute. Payment of salary shall be made in won and commenced from the first day of teaching. The employee salary will be paid on the last day of each month. Korean income and resident taxes will be withheld.

5.2 Severance Payment
Employee will be given an additional one/twelfth of annual salary for completing the contract period. This amount will be paid at the time of, and is dependent on, completion of the full contract term. This amount is also subject to Korean income and resident taxes. Should an Employee renew for another term, payment of the additional one/twelfth of annual salary shall be carried over until the Employee severs ties with Institute.

5.3 Paid Vacation and Paid Sick Leave
Employee will receive Ten (10) paid vacation days during the contract year, 5 in summer and another 5 in winter time. National holidays, Saturdays and Sundays are not to be counted as vacation time. Addition of Korean national holidays, the employee may take up to three (3) days of sick leave. A doctor's invoice with the diagnosis and prognosis is required to be paid for sick days. Unused sick leave may not be taken as vacation leave.


5.4 Housing (Optional)
The Employer shall select and provide the Employee a furnished Single housing with no sharing. Institute shall provide furnishings and monthly rent for the selected location with the exception of maintenance, including water, gas, electricity, and phone bills.


5.5 Transportation
Employer will purchase for Employee an economy class ticket from the point of hire for passage on a regularly scheduled airline to Korea. The return air ticket will be provided at the time of completion of employment. In the event that the extension of the Employee Agreement between the Employer and the Employee is met, the return air ticket will be provided at the time of completion of subsequent contract period(s). In the case of the Employee resigns voluntarily or recalls employment agreement within 12 months, Employer will deduct the equal amount of airfare to Korea from Employee�s salary.

5.7 Medical Insurance
Employee will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The cost of this coverage will be borne half by Employer and half by Employee. Payment will be made by monthly deduction from Employee's salary; a like amount contributed by Employer.


6. DISMISSAL BY INSTITUTE
6.1 Institute shall have the right at its sole discretion to dismiss Employee for clear and frequent neglect of duties under this Agreement, including, but not limited to frequent absences from Institute without approval of the Academic Director, or good reason thereof, or for inability to perform duties such as sicknesses, especially when it hasn�t been informed to the Academic Director before the Agreement was met. However, before any such dismissal, Employee shall be warned of dissatisfaction with performance and shall be afforded at least twenty (20) working days in which to remedy the situation. Criminal or other conduct inside of outside Institute that would in the opinion of the Academic Director and owner seriously jeopardize any person or the reputation of its students, or its staff, will cause for immediate dismissal and no warning or time for remedy will be allotted.

6.2 In the event that Employee is dismissed for any of the reasons set forth in 6.1 herein above or for any of the reasons set forth herein below, Institute shall have no duty and shall not be obligated to pay the cost of return airfare to the point of hire for Employee, and also that Employee is dismissed within 3months of from Employee's point of origin to Korea.


7. COVENANTS
7.1 Employee here by agrees, covenants, and undertakes that he/she will not undertake any teaching duties or employment with any persons or organization other than Employer without prior written approval from Employer of the specific employment contemplated by employee. Failure to comply with this article causes for immediate dismissal.
In the event that Employee fails to complete this one year term for any reason, Employee must reimburse the full amount of the airfare to Employer.

7.2 Employee here by agrees, covenants, and undertakes that he/she will not disclose teaching materials, syllabus details, or any other information relating to the academic program, whether verbally or in written form, to individuals or corporate entities not employed by Employer.

8. MERGER CLAUSE
This Agreement constitutes the entire understanding between the parties with respect to the subject matter here of, and supersedes all pervious negotiations, commitments, and writings with respect here to. No modification of this Agreement will be binding or have any legal effect unless set forth in a written agreement amending this agreement and signed by both parties here to. Furthermore, this contract nullifies and voids any previous contract between the two parties.
Employer and Employee have executed this Agreement on the date indicated below.
Intending to be legally bound here to, and In Witness whereof, and Employee have appended their signature.

[ttompatz]

[Grotto]

EMPLOYMENT AGREEMENT FOR INSTRUCTOR
International Language School


This EMPLOYMENT AGREEMENT has been made this on June 15th 2006 by and between _______ , a sole proprietorship organized and existing under the laws of Republic of Korea, and having its principal office at Jeju Korea (Herein after called “Employer”),and ____________( passport no) a citizen ofCanada whose domicile is ______________.(Herein after called “Employer”) Employee has been selected and approved by Employer, to teach English language, therefore, Employer and Employee, in consideration of the mutual promised and covenants contained herein, agree as follows:

1. EMPLOYMENT OF EMPLOYEE
Employer hereby employs Employee to teach English language in form and manner and under the terms and conditions set forth in this Agreement.
Employee hereby accepts employment from Employer to teach English language in the form and manner and under the terms and conditions set forth in this Agreement.

2. PLACE OF EMPLOYMENT
Employee will be employed to teach English language at the address of the principal office as above (herein after referred to as “Institute").

3. TERM OF RENEWAL
3.1 The term of this Agreement shall be Twelve (12) full and consecutive months from
the next day of arrival in Korea, specified in Section 4 of this contract.

not a biggie by any means but be aware that they want you teaching the day after you arrive...try to arrive on a Fri so you have a couple of days to recover!

3.2 No later than four (4) full months before the date of termination of this Agreement,
Employer and Employee shall consult together and shall agree either to an extension or termination of it.

4 months is a long time most require 60 days but again no biggie!

4. DUTIES OF EMPLOYEE
4.1 During the term of Agreement the Employee shall accept and strictly comply with the instructions, supervision, training, and discipline of the Academic Director and shall carry out such assignments as directed by the Academic Director. These duties shall include ELS instructions in all phases of the program, administrative duties related to the classroom duties, administrative at scheduled staff meetings, workshops, and school sponsored outings and any other duties as may be assigned by the Academic Director.

any other duties needs to be deleted....way to general and I would also want clarification on school outings and workshops(they may schedule them on Saturdays and that would be a problem for me)

The Academic Director is responsible for establishing standards of performance relative to the Employee and also empowered to take necessary steps to assure that those standards are met.
Monday through Friday are teaching days except for scheduled public holidays and vacation days.
4.2 During the term of Agreement, the Employee will be required to accomplish the assigned duties for 30 clock hours each week. (one month 120 hours)

Never sign up for clock hours! You want to know how many classes you will be teaching per week! 50 minutes should be classified as a teaching hour!

4.3 Each teaching hour in excess of 30 hours a week is considered as overtime.
(1 overtime clock-hour, 18,000 won)

overtime of less than 20,000 won per 50 minutes of overtime is a joke!

In order to maintain the quality of lessons one hour of preparation time prior to classes each day is required from the Employee. This preparation time is not included in the calculation of any overtime hours, which the employee may be required to work. The Employee is required to attend in a staff meeting a week.

One hour of prep and a weekly staff meeting Deal breaker for me....30 minutes prep is plenty(you can always put in more if you feel its needed but when they require you to be there an hour.....no dice!). Is the staff meeting in English? Or does some Korean dictator rant on for a while to the Korean staff while the FT's have to sit and be told nothing?

4.4 Employee shall not be permitted and shall not have the right to work outside of Institute. Since Institute employees are full-time employees such approval will normally be denied.

4.5 Employee understands and agrees that at all times during the term of this Agreement; Employee shall strictly obey all laws, regulations provisions, instructions, and guidance from the Government of Korea or any local government or officials thereof.

4.6 Every three incidents of unexcused tardiness by Employee shall be penalized as one lecture hour of unauthorized absence.

This should be clarified into: three incidents of being late starting a class. They arent paying you to come in early so if you are 5 minutes late for that then too freaking bad!.....not a good sign!


5. COMPENSATION AND OTHER TREATMENT OF EMPLOYEE
5.1 Salary
Institute shall pay Employee as compensation for all services rendered the total aggregate monthly salary of 2,000,000 won for each month of contract period with Institute. Payment of salary shall be made in won and commenced from the first day of teaching. The employee salary will be paid on the last day of each month. Korean income and resident taxes will be withheld.

Unless they give you a set schedule then forget them! 30x60=1800 minutes...if they give you 40 minute classes thats 9 classes a day! 36 classes for 50 minute classes....7 a day ....a heavy load! Start figuring out the time you will be at the school....7 fifty minute classes with a 5-10 minute break +1 hour prep time you are there 8.5-9 hours a day....crap!

5.2 Severance Payment
Employee will be given an additional one/twelfth of annual salary for completing the contract period. This amount will be paid at the time of, and is dependent on, completion of the full contract term. This amount is also subject to Korean income and resident taxes. Should an Employee renew for another term, payment of the additional one/twelfth of annual salary shall be carried over until the Employee severs ties with Institute.

No thanks....payment is due at the end of the contract regardless of renewal!

5.3 Paid Vacation and Paid Sick Leave
Employee will receive Ten (10) paid vacation days during the contract year, 5 in summer and another 5 in winter time. National holidays, Saturdays and Sundays are not to be counted as vacation time. Addition of Korean national holidays, the employee may take up to three (3) days of sick leave. A doctor's invoice with the diagnosis and prognosis is required to be paid for sick days. Unused sick leave may not be taken as vacation leave.

Again you shouldnt need a doctors note unless you take 2 or more sick days!


5.4 Housing (Optional)
The Employer shall select and provide the Employee a furnished Single housing with no sharing. Institute shall provide furnishings and monthly rent for the selected location with the exception of maintenance, including water, gas, electricity, and phone bills.

You want a list of what they provide! Air con, Tv etc...

5.5 Transportation
Employer will purchase for Employee an economy class ticket from the point of hire for passage on a regularly scheduled airline to Korea. The return air ticket will be provided at the time of completion of employment. In the event that the extension of the Employee Agreement between the Employer and the Employee is met, the return air ticket will be provided at the time of completion of subsequent contract period(s). In the case of the Employee resigns voluntarily or recalls employment agreement within 12 months, Employer will deduct the equal amount of airfare to Korea from Employee’s salary.

after 6 months the airfare to Korea should no longer be held against you!

5.7 Medical Insurance
Employee will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The cost of this coverage will be borne half by Employer and half by Employee. Payment will be made by monthly deduction from Employee's salary; a like amount contributed by Employer.

NHIC by law....havent heard about the one they mention! 2.24% each


6. DISMISSAL BY INSTITUTE
6.1 Institute shall have the right at its sole discretion to dismiss Employee for clear and frequent neglect of duties under this Agreement, including, but not limited to frequent absences from Institute without approval of the Academic Director, or good reason thereof, or for inability to perform duties such as sicknesses, especially when it hasn’t been informed to the Academic Director before the Agreement was met. However, before any such dismissal, Employee shall be warned of dissatisfaction with performance and shall be afforded at least twenty (20) (30)working days in which to remedy the situation. Criminal or other conduct inside of outside Institute that would in the opinion of the Academic Director and owner seriously jeopardize any person or the reputation of its students, or its staff, will cause for immediate dismissal and no warning or time for remedy will be allotted.

6.2 In the event that Employee is dismissed for any of the reasons set forth in 6.1 herein above or for any of the reasons set forth herein below, Institute shall have no duty and shall not be obligated to pay the cost of return airfare to the point of hire for Employee, and also that Employee is dismissed within 3months of from Employee's point of origin to Korea.

not really sure what they mean by this....written by monkeys perhaps?

7. COVENANTS
7.1 Employee here by agrees, covenants, and undertakes that he/she will not undertake any teaching duties or employment with any persons or organization other than Employer without prior written approval from Employer of the specific employment contemplated by employee. Failure to comply with this article causes for immediate dismissal.
In the event that Employee fails to complete this one year term for any reason, Employee must reimburse the full amount of the airfare to Employer.

7.2 Employee here by agrees, covenants, and undertakes that he/she will not disclose teaching materials, syllabus details, or any other information relating to the academic program, whether verbally or in written form, to individuals or corporate entities not employed by Employer.

8. MERGER CLAUSE
This Agreement constitutes the entire understanding between the parties with respect to the subject matter here of, and supersedes all pervious negotiations, commitments, and writings with respect here to. No modification of this Agreement will be binding or have any legal effect unless set forth in a written agreement amending this agreement and signed by both parties here to. Furthermore, this contract nullifies and voids any previous contract between the two parties.
Employer and Employee have executed this Agreement on the date indicated below.
Intending to be legally bound here to, and In Witness whereof, and Employee have appended their signature.

Work hours definately need to be clearly defined....they are totally slanted in the favor of the hogwan in this contract! Coming an hour early every day is unacceptable too...as is the late clause! Housing needs clarification as well!

duties outside of school are unacceptable as well...they should be optional...not required.

Bad airfare clauses....

when will Korean hogwan owners learn?

[alabamaman]

[purple_buddha]

Be prepared to teach 150 or so classes per month (up to 8 or possibly 9 lessons per day).

Housing is optional. Where do you plan on living and what would be included in the living arrangement (i.e., furniture, air conditioning, washing machine, etc.) if an apartment is provided?

The apartment is 30 minutes by car (?) from the hagwon. Do you plan on paying for a taxi to get to work every day or is public transportation accessible?

Based on other posters' dissection of this mediocre contract, you should be able to do better than this. That is unless you really want to be on Jeju Island, and the job selection there is limited.

[vassalage]

Thanks so much. If it is pretty bad right now you should have seen it before. I am dealing with a recruiter right now and I have already argued with him over the whole airfare thing and a few other points that seem to just be reworded but not changed. He said he was going to contact the school and see what they had to say. I really do want to go to Jeju but I have been receiving fairly good feedback and also seem to be in talks with one school or another. I guess I will just have to wait as I don't feel like arguing with this recruiter again. What do you guys think of split shifts with working no more than 6 hours a day and getting Fridays Saturdays and Sundays off?

[Grotto]

6 hour a day 4 days a week splits with 3 day weekends i'd say put it in a contract and i would sign!

3 hours in the AM and 3 hours in the PM no problem....lots of time to recuperate on those three day weekends!~