Korean Job Discussion Forums

[alabamaman]

I was sent a contract from a representative from Oedae and we had a long entertaining discussion about the legality about clause 1.3. It's a good thing that I've taken the time to study contracts, and Korean Labor Law

TERMS AND CONDITIONS OF EMPLOYMENT AGREEMENT

The Employee has been selected and approved by the Employer to teach at Oedae, the Employer and the Employee, in consideration of the mutual promises and covenants contained herein, agree as follows:

1.TERMS OF AGREEMENT
1.1 This agreement is valid for duration of one year from the day the employee arrives in Korea.
1.2 The working visa issued by the exclusive agreement between the Employer and the Employee becomes invalid right after termination of agreement.

1.3 This agreement may be renewed by mutual consent two months prior to its expiration. Without new agreement between the Employer and the Employee two months before the expiration, the employee shall be automatically dismissed from employment when the contract expires.

2. PLACE OF EMPLOYMENT
2.1 Determination of working place will follow the Employer�s decision.

3.DUTIES OF THE EMPLOYEE
3.1 During the term of this agreement, the Employee will accept, obey and comply with the instructions, supervision, training and discipline of the director of the Language Institute. These duties will include instruction for regular classes, administrative duties related to the Employee�s classes, attendance at scheduled instructors� meetings and workshops and extra curricular duties as may be assigned by the Director. The director is to set Standards of performance for the Employee and is empowered to take reasonable steps necessary for assuring that those standards are met.
3.2 During the term of this agreement, the Employee is required to perform the work assigned to him/her by the Director for classes, up to 120 teaching hours a month (1 hour = 50 minutes). In the event that the actual number of teaching hours scheduled for a month is below 120 teachinghours, the Employee will be required to devote the remaining hours to related academic work under the supervision of the director.
Monday through Friday are teaching days except for scheduled for public holidays and vacation days.
3.3 Oedae will own all past, present, and future patents and/or copyrights for any inventions and any printable and/or publishable material produced by an employee of Oedae under the direct supervision of Oedae during the term of the agreement.
3.4 The Employee must not cancel classes arbitrarily. If cancellation of classes is unavoidable, the Employee must consult with the Director in advance. In case of sickness, unexpected accidents, and bereavement, the Employee has to take necessary steps stated in 4.4 and 4.5 of this agreement.
3.5 Without employer�s approval the Employee is not allowed to work for any other organization or off school premises tutoring during the term of employment.
3.6 At all times during the term of this agreement, the Employee is to perform his/her work according to the curriculum and the teaching methods that have established by the Employer.
3.7 The Employee understands and agrees that at all times during the term of this agreement, the Employee is to follow all the provisions of laws and regulations of the Government of Korea and any local government authorities thereof.
3.8 Dress code for teachers will be semi-formal. Male teachers should wear ties with regular shoes (ties may not be worn during June thru August), and women should wear dresses and skirts, appropriate blouses and dress slacks. Friday is casual day however absolutely NO scruffy jeans, shorts, running shoes or shower sandals will be allowed. Lastly, male teachers may not wear pony tails.

4. SALARY AND OTHER BENEFITS
4.1 Salary
The Employee will be paid the total of 2.0 million Korean won per month. However, the Korean income tax and residence tax required under Korean law will be withheld each month from the Employee�s salary. The tax rate is 3.5%. No advance pay is available in any circumstances. The Employee�s salary will be paid on the 10th of every month. If this day falls on national holiday, Saturday, or Sunday, the salary will be paid on the previous business day. However, in the last month of the contract term, the monthly salary is to be paid on the last business day of the month.
4.2 Overtime Payment
If the Employer requires the Teacher to work in excess of 120 teaching hours per month such extra hours shall be paid for, in addition to the monthly salary, at the rate of 18,000 won per hour.
4.3 Weekend class
Oedae offers classes during Monday through Friday, however if the Employee volunteers to teach on week-end, 23,000 won shall be paid per hour.
4.4 First salary
If the employee begins teaching during the first month, the first paycheck will be calculated based on the hours actually taught by the employee up to end of the first month and will be paid on the 10th of the following month. The agreed upon salary in the contract will be applied when the employee teaches one full month.
4.5 Severance payment
On the condition that this contract is completely satisfied and that employment lasts for one year, a special allowance of W2.0 million will be paid to the Employee by the employer. The severance payment, which is also subject to Korean income, resident, and other taxes will be paid after the completion of the contract.
4.6 Sick Leave
In case that the Employee submits a medical certification from the hospital designated by the Employer , the
Employee is allowed to get a maximum of 3 paid sick days during one year contract.
4.7 Bereavement Leave
If the employee�s immediate family dies during the term of the contract, the Employee may request 7 days of leave of absence to attend the funeral.
4.8 Paid Annual Leave
The Employee will accrue paid time off leave of two weeks per year. The Employee shall cooperate school operation
taking 5 days in summer and 5 days in winter based on the yearly schedule made by the Employer.
Employee is required to request vacation schedule two months in ahead and obtain prior approval of paid
annual leave.
4.9 Medical Insurance
The Employee is to be covered by the medical insurance excluding dental care. 50% of the insurance premium will be paid once a year from the Employee�s salary.
4.10 Housing
The Employer will select and provide furnished living accommodation on an individual basis and will pay for the rent. A single studio apartment will be provided. The cost of monthly utilities such as gas, trash disposal, water, boiler fuel, and electricity bill be paid by the Employee. The Employer agrees to provide the employee with a gas range, refrigerator, washing machine, telephone, bed, wardrobe, TV, desk, electric fan or air conditioner, electric transformer, cooking utensils.
4.11 Airfare
The Employer will provide prepaid one-way ticket to Korea, and for employees who remain under employment
with OEDAE for 12 months or more, The Employer will provide a return ticket to the point of departure or 700,000 Won in cash for return ticket, only once upon termination of the contract. In the event that the employee terminates this contract within the first six months, the airfare over to Korea paid by the employer will be deducted from last paycheck.
4.12 Settle down allowances
a) The employer will fully pay for the lodging of employee�s stay in Korea at a facility chosen by the employer. This
clause will not apply to employees who already reside in Korea at the time of the signing of the contract.
b) The employer agrees to pay the employee a base amount of 50,000 Won allowance for orientation hours and classroom observations during the transition period, which lasts approximately one week, until the employee begins to teach his/her own classes. The employee must observe a minimum of five different classes during this transition period.

5. DISMISSAL
5.1 The Employer has the right to dismiss the Employee for negligence of duties, misconduct, or unwillingness or
inability to meet conditions of Employment as set forth in this agreement. Prior to such dismissal, the employee
will be given 30 days notice. However illegal activities or other misconduct which has jeopardized any students
or staff members of the Employer, or which damages the reputation of the Employer, will be the cause for
immediate dismissal without warning or time for remedy.
5.2 The Employer has the right to dismiss the Employee for providing false information in related application
documents.

6. EARLY TERMINATION OF CONTRACT
6.1 If, for any reason, the Employee chooses to terminate the contract during the first six months of one-year
employment commitment, the Employer will withhold the following from last month�s pay:
6.2 cost of airfare paid for by the Employer.
6.3 one month�s rent of the Employee�s apartment (up to max. W300,000) if the Employer rent an apartment for the Employee. If the Employee took over an existing school apartment, deduction will not apply.

7. TERMINATION
7-1.Within 14-days of the termination of the contract by the employee, the Employer will withdraw its sponsorship
of the employee�s legal alien status within the Republic of Korea and so inform the Immigration Bureau.
7-2.The Employee must vacate the company housing during the 3-day period since the effective date of
termination.

8. INDEMNIFICATION CLAUSE
8.1 The Employee shall be responsible for any damages caused by the misconduct or negligence of himself/herself.

9. GOVERNING LANGUAGE & COURT OF LAW
9.1 This agreement will be interpreted according to the domestic laws of the Republic of Korea.

10. FULL KNOWLEDGE
10.1 The Employee agrees that s/he has read the entirety of this Employment Agreement and taken independent advice upon it.

11. STARTING DATE
11.1 Employment shall commence on _________, 2006.



Employee�s signature: _____________________________ Date:



Employer�s signature: ______________________________ Date:

[buymybook]

What's the problem other than the fact that the law says that a 30 day notice is required?

They simply want extra notice whether you will stay or go. Other than that when the contract ends, it's over.

You are automatically dismissed per contract.

Which Oedae?

Adults or Children/location please? It's not the adult Haggy in Jongro is it?

[semphoon]

What's the problem with that?

I have that in my contract.

[ilovebdt]

[alabamaman]

[Wangja]

A one-year contract that ends automatically at the end of one year seems OK.

[ilovebdt]

[Grotto]

I dont see the problem with 1.3

2. PLACE OF EMPLOYMENT
2.1 Determination of working place will follow the Employer�s decision.

It should be listed clearly here...not deterimined at a later date(they may tell you Seoul and send you to Joam)

3.DUTIES OF THE EMPLOYEE
3.1 During the term of this agreement, the Employee will accept, obey and comply with the instructions, supervision, training and discipline of the director of the Language Institute. These duties will include instruction for regular classes, administrative duties related to the Employee�s classes, attendance at scheduled instructors� meetings and workshops and extra curricular duties as may be assigned by the Director. The director is to set Standards of performance for the Employee and is empowered to take reasonable steps necessary for assuring that those standards are met.
3.2 During the term of this agreement, the Employee is required to perform the work assigned to him/her by the Director for classes, up to 120 teaching hours a month (1 hour = 50 minutes). In the event that the actual number of teaching hours scheduled for a month is below 120 teachinghours, the Employee will be required to devote the remaining hours to related academic work under the supervision of the director.
Monday through Friday are teaching days except for scheduled for public holidays and vacation days.

still no schedule here....2-8 or whatever...be prepared for splits. Get a clear definition of what 'academic work' actually entails.

3.3 Oedae will own all past, present, and future patents and/or copyrights for any inventions and any printable and/or publishable material produced by an employee of Oedae under the direct supervision of Oedae during the term of the agreement.

Now the legalities of 3.3 are something to argue about

3.4 The Employee must not cancel classes arbitrarily. If cancellation of classes is unavoidable, the Employee must consult with the Director in advance. In case of sickness, unexpected accidents, and bereavement, the Employee has to take necessary steps stated in 4.4 and 4.5 of this agreement.
3.5 Without employer�s approval the Employee is not allowed to work for any other organization or off school premises tutoring during the term of employment.
3.6 At all times during the term of this agreement, the Employee is to perform his/her work according to the curriculum and the teaching methods that have established by the Employer.

which are?

3.7 The Employee understands and agrees that at all times during the term of this agreement, the Employee is to follow all the provisions of laws and regulations of the Government of Korea and any local government authorities thereof.
3.8 Dress code for teachers will be semi-formal. Male teachers should wear ties with regular shoes (ties may not be worn during June thru August), and women should wear dresses and skirts, appropriate blouses and dress slacks. Friday is casual day however absolutely NO scruffy jeans, shorts, running shoes or shower sandals will be allowed. Lastly, male teachers may not wear pony tails.

is it just me, or am I the only one who doesnt wear ties with my shoes?

4. SALARY AND OTHER BENEFITS
4.1 Salary
The Employee will be paid the total of 2.0 million Korean won per month. However, the Korean income tax and residence tax required under Korean law will be withheld each month from the Employee�s salary. The tax rate is 3.5%.

No it aint! Low salary and the tax as we have established is 1.5% on 2 mil!

No advance pay is available in any circumstances. The Employee�s salary will be paid on the 10th of every month. If this day falls on national holiday, Saturday, or Sunday, the salary will be paid on the previous business day. However, in the last month of the contract term, the monthly salary is to be paid on the last business day of the month.

10'th is too late.....no later than the 5'th!

4.2 Overtime Payment
If the Employer requires the Teacher to work in excess of 120 teaching hours per month such extra hours shall be paid for, in addition to the monthly salary, at the rate of 18,000 won per hour.

20,000 min

4.3 Weekend class
Oedae offers classes during Monday through Friday, however if the Employee volunteers to teach on week-end, 23,000 won shall be paid per hour.



4.4 First salary
If the employee begins teaching during the first month, the first paycheck will be calculated based on the hours actually taught by the employee up to end of the first month and will be paid on the 10th of the following month. The agreed upon salary in the contract will be applied when the employee teaches one full month.

5'th

4.5 Severance payment
On the condition that this contract is completely satisfied and that employment lasts for one year, a special allowance of W2.0 million will be paid to the Employee by the employer. The severance payment, which is also subject to Korean income, resident, and other taxes will be paid after the completion of the contract.

there are no 'other taxes' The payment is conditional on finishing the contract and has nothing to with completely satisfied(can you say "a loophole to screw you out of your severance?")

4.6 Sick Leave
In case that the Employee submits a medical certification from the hospital designated by the Employer , the
Employee is allowed to get a maximum of 3 paid sick days during one year contract.
\
u should only need a doctors note if you miss 2 or more days(unused sick days should be paid out)

4.7 Bereavement Leave
If the employee�s immediate family dies during the term of the contract, the Employee may request 7 days of leave of absence to attend the funeral.
4.8 Paid Annual Leave
The Employee will accrue paid time off leave of two weeks per year. The Employee shall cooperate school operation
taking 5 days in summer and 5 days in winter based on the yearly schedule made by the Employer.

technically 2 weeks is 14 days......if they mean 10 days they should state 10 days....2 weeks is misleading!

Employee is required to request vacation schedule two months in ahead and obtain prior approval of paid annual leave.

30 days should be plenty....as a matter of a fact they should be telling you when it is conveinient to take your vacation time.

4.9 Medical Insurance
The Employee is to be covered by the medical insurance excluding dental care. 50% of the insurance premium will be paid once a year from the Employee�s salary.

2.24% each per month.....just when will they ding you for this 500,000 payment? Not good!

4.10 Housing
The Employer will select and provide furnished living accommodation on an individual basis and will pay for the rent. A single studio apartment will be provided. The cost of monthly utilities such as gas, trash disposal, water, boiler fuel, and electricity bill be paid by the Employee. The Employer agrees to provide the employee with a gas range, refrigerator, washing machine, telephone, bed, wardrobe, TV, desk, electric fan or air conditioner, electric transformer, cooking utensils.

demand air con!

4.11 Airfare
The Employer will provide prepaid one-way ticket to Korea, and for employees who remain under employment
with OEDAE for 12 months or more, The Employer will provide a return ticket to the point of departure or 700,000 Won in cash for return ticket, only once upon termination of the contract. In the event that the employee terminates this contract within the first six months, the airfare over to Korea paid by the employer will be deducted from last paycheck.
4.12 Settle down allowances
a) The employer will fully pay for the lodging of employee�s stay in Korea at a facility chosen by the employer. This
clause will not apply to employees who already reside in Korea at the time of the signing of the contract.

why not?

b) The employer agrees to pay the employee a base amount of 50,000 Won allowance for orientation hours and classroom observations during the transition period, which lasts approximately one week, until the employee begins to teach his/her own classes. The employee must observe a minimum of five different classes during this transition period.

I hope like hell this is a typo! Is that 50,000 won per day? Or 500,000 won for the week? If its 50k thats cheap!

5. DISMISSAL
5.1 The Employer has the right to dismiss the Employee for negligence of duties, misconduct, or unwillingness or
inability to meet conditions of Employment as set forth in this agreement. Prior to such dismissal, the employee
will be given 30 days notice. However illegal activities or other misconduct which has jeopardized any students
or staff members of the Employer, or which damages the reputation of the Employer, will be the cause for
immediate dismissal without warning or time for remedy.
5.2 The Employer has the right to dismiss the Employee for providing false information in related application
documents.

6. EARLY TERMINATION OF CONTRACT
6.1 If, for any reason, the Employee chooses to terminate the contract during the first six months of one-year
employment commitment, the Employer will withhold the following from last month�s pay:
6.2 cost of airfare paid for by the Employer.
6.3 one month�s rent of the Employee�s apartment (up to max. W300,000) if the Employer rent an apartment for the Employee. If the Employee took over an existing school apartment, deduction will not apply.

6.3 delete!

7. TERMINATION
7-1.Within 14-days of the termination of the contract by the employee, the Employer will withdraw its sponsorship
of the employee�s legal alien status within the Republic of Korea and so inform the Immigration Bureau.
7-2.The Employee must vacate the company housing during the 3-day period since the effective date of
termination.

8. INDEMNIFICATION CLAUSE
8.1 The Employee shall be responsible for any damages caused by the misconduct or negligence of himself/herself.

9. GOVERNING LANGUAGE & COURT OF LAW
9.1 This agreement will be interpreted according to the domestic laws of the Republic of Korea.

10. FULL KNOWLEDGE
10.1 The Employee agrees that s/he has read the entirety of this Employment Agreement and taken independent advice upon it.

11. STARTING DATE
11.1 Employment shall commence on _________, 2006.



Employee�s signature: _____________________________ Date:



Employer�s signature: ______________________________ Date:

Rather full of themselves arent they?

[PaperTiger]

Do they have anything in their contract about how they will pack you into an apartment with at least four of your co-workers? The last couple of times I saw ads for that franchaise they stipulated that housing would be a sort of stifling rabbit-hutch situation.

The branch I worked at included this clause in their contract: "Teaching materials will be provided." What this ulimately meant was, "Reams of crap you have to manufacture or copy (on our typically BROKEN copy machine) in time that you were led to believe would be free, will actually take an additional 10 or more hours a week."

Oedae: work with freaks, live with same freaks.

[PaperTiger]

Also...Indemnity. Is this legal or does some Korean institution define or limit the damages that an employee can be held responsible for? Has anyone been sued for damages by a parent or their school?

[semphoon]