Korean Job Discussion Forums

[alabamaman]

I've provided a sample hagwon employment contract from English School Watch that has been modified, and other information for the purposes of continuing the debate that was deleted in "****** Crapfest ."

After arrival in South Korea teachers said recruiters failed to advise them that their employment contracts should have contained conditions and other information.

The following is a standard hakwon employment contract frequently used by hakwon employers, recruiting agencies, and independent recruiters.

Sample Hakwon (language institute) Employment Contract
http://englishschoolwatch.org/contract_badcontact.shtml


Note: Misspelled words are as they appeared in the original contract. This contract is a questionable contract to sign. The contract lacks sufficient protections for teachers. See "Teachers' Complaints About Their Employment Contracts"

==========================================

ENGLISH INSTRUCTOR
EMPLOYMENT CONTRACT


CONTRACTUAL PERIOD OF TWELVE (12) MONTHS

This contract (agreement) is between two parties.
1.__________________(herein after Employee) and
2.__________________(herein after Employer as an Institute, School, College or University)

Employee is hired by Employer as an instructor for the following period: _______________________________

- The parties agree to carry out the terms of employment as set forth herein.
- Employee and Employer are expected to comply with the following conditions as per contract clauses.
- The teacher is not permitted to work outside the institute.

CONTRACT CLAUSES 1-9
1. SCHEDULE

The number of regular teaching hours will be 120 hours per month or 30 per week. A 50 minute class will be counted as "one teaching hour", and thus includes a 10 minute break. A 40 minute class will be counted as 40 minute and thus includes 5 minute break. Classes are normally held from Monday to Friday. Employee will be required to come in one hour prior to each class throughout the contract period for preparation purposes. Such preparation periods shall be excluded from the employees monthly pay throughout the contract period.

2. PAY (based on exchange rate (1 US $ = 942.240 Won)
Employer agrees to pay Employee a basic minimum monthly salary of won 1,800,000 for a period of 12 months and including a bonus payment of one month's salary upon completion of said contract. It will be dispersed in thirteen (13) payments over the course of twelve months in following the manner under clause 2-1.

2-1. PAYMENT METHOD

Monthly pay period begins on the first working day of the contractual period and is paid on the corresponding day of the next month. On the last day of the contract term, the Monthly salary is paid and includes the contract completion bonus (one month's salary see section 2-2). Over time rate for each hour worked over and above 120 hours per month is won 15,000 per hour (approximately US $15.92). Korean income and resident taxes (5-7%) will be withheld by the Employer.

2-2 BONUS PAYMENT.

Employee is paid an additional one / twelfth of annual salary (equivalent to one month's salary of won 1,800,000. This amount will be paid at time of, and is dependent on, completion of the full contract term. This payment is subject to Korean income and resident taxes. (Income tax rate on bonus payment is 1-2%).

3. AIRFARE

Employer agrees to provide Employee a one - way ticket to Korea. However, Employee agrees to reimburse Employer the cost of the said fare should Employee fail to complete the full contract term. During the first 3 months of teaching, the institute will retain 33% of airfare. After contract this money will be paid back.

4. ACCOMMODATION

Employer agrees to provide accommodation for Employee. Employee is not responsible for rental payments or security bond deposits associated with accommodation. Accommodation may be provided in one of the following manners:

1 -A private room in an apartment shared with other teacher(s).
2 - A private apartment.
3 - A private room at the home of the Director of the Institute.
4 - A private room with a Korean family (home stay).
5 - A private hotel (including laundry reimbursement).

Employer agrees to provide basic household furnishings for Employee. Employer agrees to provide adequate accommodation and living conditions. Basic amenities include a bed, access to a Kitchen, cooking utensils, hot water for bathing, and a western style toilet. The basic amenities do not include a television or radio. The management expenses (gas/electricity/water/telephone accounts) are the responsibility of Employee.

5. MEDICAL INSURANCE

Employer agrees to provide basic medical insurance for Employee. Insurance pays fifty (50%) percent of any treatment charges. Employee agrees to pay remaining fifty (50%) percent. Employee may extend to total insurance coverage with extra contribution to the insurance agreement.

6. JOB DESCRIPTION

6-1. 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 necessary books and teaching materials to conduct classes, Employee is usually expected to conduct the class without assistance.

6-2. Native English Speaker Employee, as a native English speaker, will instruct the students in pronunciation exercises. Employee will be provided with the necessary material to conduct such exercises. No additional class preparation is required. Employee may be assisted by a Korean English teacher.

7. HOLIDAYS/ANNUAL - LEAVE/SICK - LEAVE/TARDINESS.

7-1.Holidays.
There are 13 - 15 Korean paid public holidays per year. Employee is not required to work on these days.

7-2. Annual leave.
Employees are entitled to three(3) days of paid leave for the contract period.

7-3 Unpaid leave.
Unpaid leave is occasionally negotiable between Employee and Employer. Although limited to unusual circumstances, the clause for unpaid leave is treated as a case by case scenario.

7 -4 Sick leave.
Employee is permiteed up to three(3) days of paid sick-leave per year. Unused sick-leave may not be taken as annual leave. To be eligible for paid sick-leave (when Employee is unable to attend cass due to illness), he or she shall notify Employer as early as possible and shoud provide Employer with a doctor's certificate. If Employee fails to notify Employer with proper proof of ilness, Employer has the right to deduct one day's pay for every day Employee is absent from work.

8. RELEASE FROM CONTRACT
(NOTIFICATION REQUREMENT 9-1)
Both parties have the right to declare the contract null and void under one of the following circumstances:

8-1. The health of Employee is such that it is deemed impossible for Employee to continue works or,

8-2. Blatant misconduct by / employee, eithr professionally or otherwise, includig but not limited to, conducting classes under the influence of intoxicants, continual absence and / or tardiness for classes or,

8-3. Employee or dependents violate Korean law or,

8-4. Employee does not carry out, in a responsible manner, the educational purpose of the institute or follow the instructions of Employer of the institute in good faith.

8-5. In the event of war, civil strife, or other matters that are deemed by the Korean government as being of adequate reasons for Employee to leave the country, provided that official documents from respective embasses are presented.

9. LEAGAL ACTION
If there is a dispute between the parties involved in this contrat, the parties agree to the final judgment of a Korean civil Couct or Korean Civil Law, whatever the final decision may be. If at anytime Employee leaves the institution without giving prior notice and without going through the appropriate procedures, Employer has the right to pursue legal action for damages and attormey fees against Employee. If Employee has left Korea altogether, Employer has the right to pursue legal actions outside of Korea.

9-1. Notification Requirement
Employer or Employee may annul the Contract by giving a minimmum of two(2) months advance notice in writing. In the case of Employer seeking annulment, reasonable and adequate grounds must be provided in order for the Contracct to be dissolved. Reasonable and adequate grounds for annulment area listed under clause 8. A mutually acceptable third party may be used to arbitrate the matter. We, the undersigned, agree to the lauses 1-9 as condition of employmont for this English Instructor Emplyment Contract between the following parties:

SIGNATURE OF EMPLOYER:
Name: __________________________________
Name of institute: _________________________
Address: ________________________________
________________________________________

SIGNATURE OF EMPLOYEE:
Name: __________________________________
Address: ________________________________
________________________________________
Date: ___________________________________

Note: Misspelled words are as they appeared in the original contract. This contract is not recommended for use by teachers. The contract lacks sufficient protections for teachers. See "Teachers' Complaints About Their Employment Contracts"



Teachers' Complaints About Their Employment Contracts
http://englishschoolwatch.org/contract.shtml

After arrival in South Korea teachers said recruiters failed to advise them that their employment contracts should have contained conditions and other information including:

1. The contract should have contained language stating that without a duplicate of the English language contract written in Korean the contract written in English is void. A duplicate contract written in Korean is required by the Korean court to prosecute commercial disputes between the employee and employer. The U.S. Embassy in Seoul cautions: "...remember that only the Korean-language version of the contract is legally binding in Korea."

2. The contract should have contained language stating Korean immigration penalties (passport confiscation, lengthy interrogations by Korean Immgration investigators, stop work order, daily fines for tourist visa over stay, daily fines for working without a work visa, exit order, deportation, possible incarceration, and re-entry ban preventing return to Korea for one or more years) for teachers who teach (for any length of time) without a work visa.

3. The contract should have contained language specifying the date when the employer would provide a signed, dated, and notarized Korean Immigration E-2 work visa application for the teacher and prior to his or her departure overseas to South Korea. This document is required to obtain the E-2 work visa. This document should accompany the teacher's employment contract when it is presented personally, mailed, or faxed to the teacher by the recruiter.

4. The contract should have been accompanied by sponsorship letter of guarantee from the employer guaranteeing the employment of the teacher for the contract term.

5. The contract should have been accompanied by a "Certificate of Employment" provided by the employer.

6. The contract should have contained a clause allowing the teacher a minimum twenty-four hour rest and adjustment period before the processing of paperwork, orientation, training and/or instructing classes.

7. The contract should have contained a seventy-two hour release clause. This clause would give the teacher a period of seventy-two hours, immediately after arriving in Korea, to determine if the recruiter and employer met contract specified working and housing conditions. Such a clause would release the teacher from an employer who failed to meet E-2 work visa sponsorship guarantees, and contract specified working and housing conditions. All of the above factors must be included in the employer's "Rules of Employment." This clause should be accompanied by another clause guaranteeing that employers make immediate payment to teachers for return airfare for repatriation if contract conditions and conditions in the "Rules of Employment" have not been met.

8. The contract should have contained language stating that the employer would not employ the teacher until the teacher possessed an E-2 work visa.

9. The contract should have contained language specifying the date when the employer agreed to provide the teacher with his/her alien registration card and Certificate of Employment.

10. The contract should have contained contract language specifying the date when the employer agrees to obtain medical insurance (mandated by Korean government law) for the foreign teacher and the date upon which the teacher will be physically presented with their medical insurance card.

11. The contract should have contained contract language stating conditions for dismissal with notice or summary termination of employment. A number of teachers' contracts contained this information while others did not.

12. The contract should have contained contract language specifying the cost of airfare the employer agrees to pay the employee for travel to Korea and the date of payment including provisions for penalty for failure to perform.

13. The contract should have contained language specifying who shall pay round trip costs for non-immigrant work visa runs to Japan, including transportation from the teacher's lodging in Korea to the international airport, Korean Airport Tax, flight fare to Japan, transportation costs from the airport to the teacher's hotel or guest house lodging, the total cost of the teacher's lodging while in Japan, cost of food, cost of transportation to the Korean Embassy in Japan, return cost from the Embassy to the teacher's lodging, cost for processing the work visa, return flight from Japan to Korea, transportation from the airport back to the teacher's lodging, and other expenses associated or required for the trip. Contract language should also specify the time allowed for the teacher to complete his or her round-trip visa run(s) to Japan and whether or not the teacher will be allowed an eight or more hour rest period before resuming teaching. All of these costs can be avoided when the employer provides the teacher with a notarized sponsorship guarantee and other required documents enabling the teacher to acquire their E-2 (one year) work visa prior to departure for Korea.

14. The contract should have contained language specifying that the employer's "Rules of Employment" and the "Summary of Korean Labor Standards Act" are to be attached to the contract at the time the contract is issued to the teacher.

15. The contract should have contained language specifying that clauses in the contract are referenced by chapter and article number in the Labor Standards Act of Korea.

16. The contract should have contained language specifying contract language stipulating penalties to employers for failing to adhere to individual clauses contained in contracts.

17. That contracts containing reference to severance pay have such language removed when the employee has been contracted to work less than forty hours per week for a period of one year.

18. The contract should have contained language stating that the teacher would not be required to work at a location other than that specified in the application for the work visa unless permission is granted by Korean Immigration authorities.

19. The contract should have contained language specifying whether or not the teacher would be required to drive to outside teaching assignments, and what portion of travel expenses the employer agreed to pay, including costs for highway tolls, gasoline and oil.

20. The contract should have contained language specifying whether or not the teacher would be required to drive a company vehicle or employer's personal vehicle to outside teaching assignments and the type of driver's license required.

21. The contract should have contained language specifying that if the teacher requires foreign driver's insurance to drive to outside teaching assignments, the legal requirement for collision and liability insurance, the term of insurance, who is to pay the expense for such driver's insurance, the business name, land mail address, telephone number of the insurance provider, the agent's name and emergency telephone number, the date indicating when the insurance will be paid and becomes effective, who is responsible for presenting the insurance contract and certificate to the teacher, the date the teacher will be presented with the insurance contract and certificate and if such contract and certificate will be issued in the Korean or English language. Note: An English speaking insurance agent is recommended.

22. The contract should have contained language stating the teacher would not be asked by the employer, director, or manager to drive to or from outside teaching assignments, or drive for any other purpose, until such time that the teacher is properly licensed and insured allowing the lawful operation of a motor vehicle of any type.

23. The contract should have contained language specifying that all verbal promises and assurances made by recruiters be legally binding with such promises in contract writing accompanied by the recruiter's signature and that he/she is a legal party to the contract and becomes liable for the employer's non performance of the recruiter's verbal promises and assurances.

24. The contract should have contained language specifying that a copy of the recruiting agency's or recruiter's business license certificate, tax ID number, current business land mail address and telephone number must be included attached to the employment contract issued by that agency or recruiter.

25. The contract should have contained language specifying the names, addresses, and telephone numbers of Korean, foreign agencies and embassies offering assistance to foreign teachers experiencing commercial, civil or criminal difficulties with their employers.

26. The contract should have contained language allowing for the prosecution of the employer from overseas by laws prevailing in the teacher's native country and laws provided under international conventions if he/she breaks the teacher's employment contract (without mutual consent of the teacher) for any reason.

27. The contract should have contained language specifying accurate and up to date exchange rates, won to the US dollar, Canadian dollar and other currencies, contained in hakwon contract writing indicating the amount of money the employer agreed to pay the teacher.

The standard hakwon employment contract, written by a number of hakwon lawyers, is about four pages in length. Such contracts often do not contain information about the twenty-seven items above. The hakwon employment contract prepared by the Watch contains protections about the above complaints, and others, made by teachers. As such, the contract is lengthy. The contract, to be effective under Korean law and have effect in the Korean court must be translated into the Korean language.

The contract prepared by the Watch also includes that the employer agrees to comply with a number of laws including the articles below contained in the Labor Standards Act of the Korean Legal Code.

"The employer agrees to abide by Articles of law contained in the "Labor Standards Act of the Korean Legal Code" including but not limited to the following: Chapter 1 (General Provisions) Articles 2, 3, 4, 5, 6, 7, 8, 10, 12, 13. Chapter 2 (Labor Contract), Articles 20, 21, 22, 23, 24, 25, 27, 27-2, 27-3, 28, 30-2, 31, 32, 33, 36-2. (Wages), Article 36-2. Chapter 4 (Working Hours and Recess Hours), Articles 45, 47, 48. Chapter 5 (Females and Minors), Article 59. Chapter 6 (Safety and Health), Article 64. Chapter 8 (Accident Compensation), Articles 78, 79, 81, 93. Chapter 9 (Rules of Employment), Articles 94, 95, 98. Chapter 11 (Labor Inspector) Article 106.

The employer agrees to abide by all applicable laws, including international civil, criminal, commercial contract law, laws in the country of which the Employee is a citizen, governing all aspects of the Employee regarding employment of foreign workers, applicable OECD laws, law contained in the Korean Civil Code, Private School Act (Korea), Education Act (Korea), and Industrial Safety and Health Act (Korea)."

[laogaiguk]

Again, you are just going for a patch. The visa laws must change. In Japan, even their worse eikaiwa (Nova) still always pays on time, gives whatever holdiays are in the contract and don't screw around with you as bad as even the normal hagwons here! And that is the worse (well, there are some bad small startups, and there is one American guy who has one, I forget his name but he is crazy) but the point is outside a few exceptions, the worse of the industry is the normal side of here. Because you can quit at anytime (with notice)!
Having recruiters try to fix it would help, but in the long run wouldn't do much. I started a post on good recruiters, and ATC came up as one who hadn't seemed to have screwed anyone. Yet the entire thread degenerated (I remade the thread once) from idiots who just posted how all recruiters are bad (and it was a lot of useless posters). Why should a recruiter be reputable and lose money if even if he/she is honest, it won't matter?

Anyways, visa laws.

[alabamaman]

[laogaiguk]

[alabamaman]

[ScottyG]

This time, you actually found a contract that is purely crap, and no one could argue against it. In fact, its so crappy its almost hard to believe. And since when does 1.2 mill egual 1,900 CDN???? This has to be pre IMF or something.

[alabamaman]