Korean Job Discussion Forums

[nyusha]

Employment Contract For Teacher


This contract (agreement) is made between two parties:(full name) XXXX is hereinafter called the employee and XXXXXX is hereinafter called the employer, institute or school. The employee is hired by the employer as an instructor for the period: one year. The employee agrees to carry out the duties of employment as described in the teaching job description.


The following is a description of the employer/employee relationship.

The employer and employee are expected to comply with the following conditions:


Ⅰ. Schedule

The number of regular teaching hours will be 30 hours per week;

Classes will be held from Monday to Friday. Classes are scheduled at the institute's absolute discretion although reasonable efforts will be made to accommodate the employee's requests. Classes will be at XXXXX


Ⅱ. Pay/Benefits

The employer agrees to pay the employee a base salary of: (won:￦ 2.100.000 ) per month. The salary is payable in full on the tenth day of the month for the previous month worked. The employee is not allowed to accept outside teaching assignments but is obliged to accept all available classes which correspond to 30 hours per week. After teaching over 30 hours a week, payment is 20,000 won per hour, This is considered overtime payment. Korean income and resident taxes will be withheld for overtime payment.


The contract will commence upon a full working day. Observation periods will be exempted from pay.


If some reason the visa date of entry is after the date of contract, under no circumstances can the instructor demand money from the director or institute.



Severance Payment : Employee will be given a bonus of one month pay for completing the contract period. This amount will be paid at time of, and is dependent on, completion of the full contract term(one year); this amount is also subject to Korean income and resident taxes.


Air fare : The employer will purchase an international round trip economy ticket. When the employee arrive Korea, the return ticket has to be kept by employer. And the ticket will be given to employee when the contract is terminated after one year.


Ⅲ. Housing

Employer will provide housing. Employee is not expected to pay rent.

This expense is covered by the employer.

However, all living expenses will be paid by the employee.

It will be provided in one of the following manners:


1)Own apartment for couples

Furnishings : Basic household furnishings are provided.

Employer agrees to provide and make easily accessible for the employee adequate accommodations and living conditions such as a bed, and access to a kitchen.cooking utensils, hot water for bathing and a western style toilet.


Ⅳ. Medical Insurance(will be shared 50% by employer.)

Annual pension (will be shared 50% by employer)-After a year of service has been rendered, you'll receive 100% of your pension-50% paid from monthly paid and 50% paid by the employer.



Ⅴ. Job Description.

1) English teacher/ Instructor

As an English teacher, you will be given material to teach to the class. You are expected to direct and guide the students on how to have a conversation. A teacher's book is usually provided for you. Very little preparation time is required. You are expected to work alone without a Korean English teacher's assistance.

2) Native English Speaker

As a native speaker, you will be expected to instruct in pronunciation and conversation exercises to kindergarten, elementary, middle school students and adults. Material will be provided for you.


Ⅵ. Explanation of holidays/sick days/lateness/absence/notification procedures

There are 10-11 Korean holidays a year. The employee is not required to work on these days. Granted along with these are 10 days of paid vacation . Any sick days can be deducted from the teacher's 14 days paid vacation. Employee agrees to give at least 21 days advance notice of intention to take time off. Paid vacation must be taken after 6 months of time rendered.

In case of illness, employer may deduct one day's pay for every day the employee is absent from work. Employee must notify employer at least three hours before class time of illness. Required along with this is a doctor note showing proof of illness.

Lateness: If the employee is more than 10 minutes late without notification, one hour of pay may be deducted.


Ⅶ. Release from contract

Both parties have the right to make the contract null and void of the following occurances:

1) If the health of the employee is such that it is deemed impossible for the employee to continue work.

2) Blatant misconduct by employee either professionally or otherwise.

3) Employee or dependents violate Korean law.

4) In the case of the stated information (resume) of employee is untrue or too much overstate, the employer can break the contract.

5) In the case of the employee is neglectful to own teaching and duties, the employer can break the contract.

6) The employer or employee may annul the contract by giving a minimum of one month advance notice in writing. In the case of the employer or employee seeking annulment, reasonable and adequate grounds must be provided in order for the contract to be dissolved. Persistent, blatant and gross misconduct, conducting classes under the influence of intoxicants, continual absence and/or lateness for classes are all adequate grounds for annulment. If the employee desires arbitration, a mutually agreed upon third party must be provided to settle the matter.

7) In case of employee wanting to terminate the contract before the contracted date , employee will pay back the employer all the expenses that have been spent by the employer on air fare.

Also in case of Ⅶ-1, Ⅶ-2,Ⅶ-3, Ⅶ-4,and Ⅶ-5, Ⅶ-6 the employee also has to pay back the air fare.


Ⅷ. Legal action

If there is a dispute between parties, all parties involved in this contract, all parties agree to the final judgement of a Korean civil court, or Korean civil law whatever the final decision may be. If at anytime the employee leaves the institute without giving prior notice and without going through the appropriate procedures, the employer has the right to pursue legal actions against the employee. If the employee has left Korea all together, the employer has the right to pursue legal actions outside of Korea. The employee will incur all legal expenses.



Signature of contract Employer :



(Sign) Date: / /


Name of Institute:



Address:


Signature of contract Employee :



(Sign) Date: / /

[alabamaman]

lol:

[alabamaman]

[bnrockin]

you really have to have a doctors note when you take a sick day??? How lame is that.

[alabamaman]

Talk with all foreign staff at the school as Patz will come on here and say. You may find out this school is good. This is a fairly well written scumbag contract written by John Q Crackburger III. There are specifics missing, and I didn't like the fact you had no contractual language stating you wont work for the employer until you have an E2 Visa. You cannot do any observation classes whatsoever on a Tourist Visa. Major no no! If you can get this contract cleaned up to where you want it, have a good feel for the school after talking to everyone and thier kids their, then why not give a go. However, Bossman will say: Contract is fine way it is. They will find someone else as Korean Employers will have no room for the specifics in contracts since that means some accountability on their part.

[Missile Command Kid]

[quote="alabamaman"]Talk with all foreign staff at the school as Patz will come on here and say. You may find out this school is good. This is a

[ttompatz]

Thanks for the reference there alabamaman.

here's my 2 cents worth.

If you are seriously looking at a contract and a school then may I suggest your consideration of the following (quoted from an embassy website):
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Nature of Contracts in Korea

Koreans see business less as a legally based interaction than a relationship. Consequently, there is a much weaker sense of law in Korean business relations than in international business. For many Koreans, a contract is part of the symbolism involved in beginning a relationship, and "beginning" is the important word. The contract thus is only as binding as the personal connection. It is not surprising, therefore, that foreign instructors in Korea occasionally have contract disputes with their employers. The employer may, indeed, consider the contract a simple working agreement, subject to change, depending upon the circumstances ���� and usually after the foreigner has arrived in Korea. Most Koreans do not view deviations from a contract as a "breach," and few Koreans would consider taking an employer to court over a contract dispute.

Instead, Koreans tend to view contracts as infinitely flexible and subject to further negotiation. Furthermore, the written contract is not the real contract; rather, the unwritten, oral agreement with an employer is the real contract. You should bear these factors in mind when you sign a contract.
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The portion that I highlighted is so very, very true. I can attest to this first hand on more than one occasion.

The contract is ONLY as good as the school you are in.

A well written contract is only a piece of paper. A bad school will still ignore even a well written contract and you are usually in no position to fight.

A good school (even with a bad contract) will make your time here so enjoyable that you may end up staying for more than one year and will never even look at the contract for the entire time.

TALK to the teachers at the school. Talk to MORE than one. Get their e-mail addressses so you can ask questions when the boss is NOT looking over their shoulder. If the boss / recruiter is unable or unwilling to provide this, then move along to the next one.

No reference means trouble for a newbie. Either it is a bad school and cannot /will not provide a reference OR it is a new school.
new school + newbie teacher in Korea = receipe for disaster


Ask specific questions about:
a) Salary (on-time, deductions),
b) overtime (do they actually pay it?),
c) pension and medical (are they subscribed to the national plans or does the employer just avoid it?),
d) how many classes (per day/week/month), how long are the classes,
e) What is the class schedule like (blocks 2-9?, kindy/elementary 10-7? am/pm splits 6-9am and 6 - 10pm?),
f) housing - what is it really like, what do they live in?
g) vacations (when, how, blocks or scattered days?)
h) anything else that may be important to you in terms of quality of life or employment.

When YOU are satisfied that the conditions offered by a particular school are acceptable to you then sign the contract based on that.

Grand negotiations from abroad are for the most part useless.

They will either ignore you and move on to the next candidate because they see you as difficult to deal with.
OR
They will promise you the world to get your signature on the contract and your butt on the plane and then NOT deliver after you have arrived.
(this was my circumstance with Kangdong SLP for example).

That's my nickels worth of free advice on the subject of contracts.

.