Korean Job Discussion Forums

[nyusha]

Employment Contract

POSITION: English Instructor


EMPLOYER

1. Name of the school

2. Address

Hereafter to be referred to as the

Employer.

EMPLOYEE

1. Employee�s name


2. Address


　
Hereafter to be referred to as the

Employee.

The parties agree as follows:



1. TERM OF CONTRACT


This contract will be valid for a period of 12months beginning _____16th of August, 2006_ and ending _16th of August, 2007_ .

(Starting date�s up to your arrival )


2. CONDITIONS OF EMPOLYMENT


a). The Employee will act in an appropriately professional manner and be responsible for conducting professional English Language classes.

b). The Employee will be required to work for regularly scheduled hours from Monday to Friday, Each teaching hour in excess of 30 hours a week, totally 120 hours a month is considered as overtime.

c). Classes and teaching hours are scheduled at the institute's sole discretion.


d). The Employee is required to go through an orientation and raining program before starting Employment.


3. SERVICES PROVIDED BY THE EMPLOYER

a). PAYMENT & TAX

The Employer will pay a monthly salary of __2,100,000_won for regularly scheduled hours which we mentioned on the page 1 worked.

(Payment of salary commences from the first day of teaching.)


b). The Employer may ask the Employee to work over time (the Employee has an option to refuse and will not be forced), and if the Employee chooses to do overtime, the Employer will pay for the overtime at the rate of ____25,000_ won.


c). The employee salary will be paid on the 30th of each month.

The first payment is on 30th of the next month.


d). Tax for income will be deducted from the salary according to the Korean tax law, and The Employer will provide the Employee the receipt for this.


4. HOUSING


The Employer will provide the Employee a furnished Single housing and the Housing will be provided at no cost to the Employee with the exception of maintenance and phone bills.

A two-person apartment/house will be provided for a couple, if both are teaching at the Institute.

5. AIRFARE


Employer shall provide round-trip ticket. In the event that INSTRUCTOR willfully leaves the Employer before completion of his/her contract, Employer is not responsible for the return airfare. If INSTRUCTOR willfully leaves the Employer before 6 months, INSTRUCTOR must payback the initial airfare and EMPLOYER may deduct the said airfare from Instructor's last pay.

6. MEDICAL INSURANCE


The half of the insurance premium will be paid by the Employee and the other half by the Employer.
7. SEVERANCE PAY

Upon completion of this contract, the Employer will pay one month's salary as a severance payment to the Employee. This payment will be made at the time of completion of the contract period.

8. Deposit

After six months starting working, for three months, the Employer will collect 100,000won per month deposit for utilities and phone charges even if the teacher pays these charges each month. This deposit will be refunded on the last day(the completion of this contract).

8. VACATION


a). The Employee may have 10-working days as paid vacation per year, which will be organized by the institute. (days in which the Employee does not regularly work i.e., Saturdays, Sundays and National Holidays are not to be considered as part of the vacation period)

b). Employee's paid sick leave during the Term of Employment shall not exceed three (3) calendar days. (a doctor's invoice with the diagnosis and prognosis is required to be paid for sick days.)

In the case where the �employee� does not use any of his/her three sick days, the �employee� will receive a Bonus of \70,000 upon completion of the contract period



9. RENEWAL & TERMINATION OF CONTRACT

a)RENEWAL


The Employee must give the Employer a written 60-day notice before renewal or non-renewal of the Employee's current contract.

b). Both the Employer and the Employee reserve the option to renew the contract.

c). TERMINATION OF CONTRACT

Both parties will give at least a written 60-day notice prior to the termination date of the contract.

d). The Employer retains the right to terminate the contract

immediately if:

* The Employee is unable to discharge the responsibilities or meet the conditions such as being late for class on a continuous basis, continuous failure to keep regularly scheduled class hours and repeated absences from classes without a valid reason.

*.The Employee teaches a private class outside of the school.

*. The Employee participates in any type of criminal activity of corruption of public morals which violates the laws of the Republic of South Korea.

If, for any reason, the contract is terminated before the full completion of the contract period:

The Employee will not qualify for benefits such as severance pay and the airfares.

The Employee will be wholly responsible for any /maintenance and phone bills remaining for the duration of their housing lease.

Within 14-days the Employee is required to sign a notice of termination and accompany the employer to the Korean Immigration office to notify the Korean Immigration office of the termination.


10. GOVERNING LAW & JURISDICTION

a). This contract is governed by the low of the Republic of Korea.

b). This contract is made final and firm unless any material modification or amendment to this contract is executed with the full knowledge and consent of the undersigned and incorporated into this contract.




In witness thereof, we have affixed our signatures hereon.




Date : , , .


날짜 : , , .




EMPLOYEE



Signature





EMPLOYEE



Signature

[alabamaman]

Employment Contract

POSITION: English Instructor


EMPLOYER

1. Name of the school

2. Address

Hereafter to be referred to as the

Employer.

EMPLOYEE

1. Employee�s name


2. Address


　
Hereafter to be referred to as the

Employee.

The parties agree as follows:



1. TERM OF CONTRACT


This contract will be valid for a period of 12months beginning _____16th of August, 2006_ and ending _16th of August, 2007_ .

(Starting date�s up to your arrival )



Employment should commence when you get your E2 Visa (Issue Date) and end on your E2 Visa Expiry Date. For your own benefit, Get contractual language stating, "The worker shall work for the employer when the worker has been issued an E2 Visa from Korean Immigration Officials. The Employer is aware that Korean Immigration Officials issue Foreign English Teachers penalties for working in any capacity without an E2 Visa. "

This is an absolute must for you. They may ask you to do observation classes. They are illegal, and there are no questions asked period!

2. CONDITIONS OF EMPOLYMENT


a). The Employee will act in an appropriately professional manner and be responsible for conducting professional English Language classes.

Okay

b). The Employee will be required to work for regularly scheduled hours from Monday to Friday, Each teaching hour in excess of 30 hours a week, totally 120 hours a month is considered as overtime.


What hours do you teach each day?
Say no to split shifts if you can help it!
What are the school operational hours?

c). Classes and teaching hours are scheduled at the institute's sole discretion.

[b]How long will each class be?
How do they define a teaching hour?[/b]


d). The Employee is required to go through an orientation and raining program before starting Employment.

You cannot do this shit if you don't have an E2 Visa. You absolutely cannot perform any services for you employer on a Tourist and/or Holiday Visa.

3. SERVICES PROVIDED BY THE EMPLOYER

a). PAYMENT & TAX

The Employer will pay a monthly salary of __2,100,000_won for regularly scheduled hours which we mentioned on the page 1 worked.

(Payment of salary commences from the first day of teaching.)

*When you receive your E2 Visa that is!


b). The Employer may ask the Employee to work over time (the Employee has an option to refuse and will not be forced), and if the Employee chooses to do overtime, the Employer will pay for the overtime at the rate of ____25,000_ won.

Good

c). The employee salary will be paid on the 30th of each month.

Good

The first payment is on 30th of the next month.

If you start working the first week of August then Korean Labor Laws dictate the worker has to get paid once per month. Their suggested paydate doesn't conform with Labor Laws.


d). Tax for income will be deducted from the salary according to the Korean tax law, and The Employer will provide the Employee the receipt for this.

How much will they deduct from you monthly salary throughout the contract period. I say, specifics are important.

National Tax Office Website:
http://www.nts.go.kr/eng/default.html

Go to Check my Monthly Withholding Taxes:
http://nts.go.kr/front/service/refer_cal/gani/refer_gani_eng.asp

Your employer should be deducting 33,430 Korean Won from your monthly salary throughout the contract period!

4. HOUSING

The Employer will provide the Employee a furnished Single housing and the Housing will be provided at no cost to the Employee with the exception of maintenance and phone bills.

You have to pay for maintenance?

A two-person apartment/house will be provided for a couple, if both are teaching at the Institute.

This contract is getting my vote for shit fest contract of the year!

You should have contractual language stating you will have the following in your apartment;

Bed
Bedding
Pillow
Refrigerator
Microwave
Forks
Knives
Spoons
Cups
Plates
Bowls
Television
Air conditioner
Telephone
Desk
Chair

5. AIRFARE


Employer shall provide round-trip ticket. In the event that INSTRUCTOR willfully leaves the Employer before completion of his/her contract, Employer is not responsible for the return airfare. If INSTRUCTOR willfully leaves the Employer before 6 months, INSTRUCTOR must payback the initial airfare and EMPLOYER may deduct the said airfare from Instructor's last pay.

6. MEDICAL INSURANCE


The half of the insurance premium will be paid by the Employee and the other half by the Employer.

What insurance program will your employer enroll you in (Korean National Health Care Plan).
How much will the employer deduct from your monthly salary throughout the contract period? (2.24% x monthly salary)
How much will your employer prepay for the lumpsum every three months? (monthly salary x 2.24% x 3)

7. SEVERANCE PAY

Upon completion of this contract, the Employer will pay one month's salary as a severance payment to the Employee. This payment will be made at the time of completion of the contract period.

8. Deposit

After six months starting working, for three months, the Employer will collect 100,000won per month deposit for utilities and phone charges even if the teacher pays these charges each month. This deposit will be refunded on the last day(the completion of this contract).

You can ask to remove this deposit. If they don't, Korean Courts have ruled that such deductions are penalty clauses!

8. VACATION


a). The Employee may have 10-working days as paid vacation per year, which will be organized by the institute. (days in which the Employee does not regularly work i.e., Saturdays, Sundays and National Holidays are not to be considered as part of the vacation period)

Get in written in the contract as to when your Annual Leave (Days of paid leave) are going to be.

b). Employee's paid sick leave during the Term of Employment shall not exceed three (3) calendar days. (a doctor's invoice with the diagnosis and prognosis is required to be paid for sick days.)

Ask for 4 paid sick days!

In the case where the �employee� does not use any of his/her three sick days, the �employee� will receive a Bonus of \70,000 upon completion of the contract period

Where is the Emergency Leave days? Ask for five days


9. RENEWAL & TERMINATION OF CONTRACT

a)RENEWAL


The Employee must give the Employer a written 60-day notice before renewal or non-renewal of the Employee's current contract.

b). Both the Employer and the Employee reserve the option to renew the contract.

How many days do you have to give notification to them for renewal?

c). TERMINATION OF CONTRACT

Both parties will give at least a written 60-day notice prior to the termination date of the contract.

Labor Laws state employers should give an Advance Notice of Dismissal of 30 days , with certain exceptions, before terminating the employee.

You should ask for 30 days for termination also. 30 days is plenty!

d). The Employer retains the right to terminate the contract

When can you terminate the contract? Look at Article 26 of the Korean Labor Standards Act for further information.

immediately if:

* The Employee is unable to discharge the responsibilities or meet the conditions such as being late for class on a continuous basis, continuous failure to keep regularly scheduled class hours and repeated absences from classes without a valid reason.

*.The Employee teaches a private class outside of the school.

*. The Employee participates in any type of criminal activity of corruption of public morals which violates the laws of the Republic of South Korea.

Remove the public morals... That's not grounds for termination under Article 30 of the Labor Standards Act.

If, for any reason, the contract is terminated before the full completion of the contract period:

The Employee will not qualify for benefits such as severance pay and the airfares.

The Employee will be wholly responsible for any /maintenance and phone bills remaining for the duration of their housing lease.

Within 14-days the Employee is required to sign a notice of termination and accompany the employer to the Korean Immigration office to notify the Korean Immigration office of the termination.


10. GOVERNING LAW & JURISDICTION

a). This contract is governed by the low of the Republic of Korea.

b). This contract is made final and firm unless any material modification or amendment to this contract is executed with the full knowledge and consent of the undersigned and incorporated into this contract.




In witness thereof, we have affixed our signatures hereon.




Date : , , .


날짜 : , , .




EMPLOYEE



Signature





EMPLOYEE

Pension Fund?



Signature

This contract is a modern art masterpiece is vague in some spots, and lacking specifics. It doesn't meet the criteria of a well written contract. The termination clause also needs to be revisited.

[bnrockin]

b). The Employee will be required to work for regularly scheduled hours from Monday to Friday, Each teaching hour in excess of 30 hours a week, totally 120 hours a month is considered as overtime.

c). Classes and teaching hours are scheduled at the institute's sole discretion.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Get your hours defined right now. Don't allow them to constantly change your schedule. Also remember, forced overtime is illegal, don't be afraid to say no! Also know what days you will work...Saterday work?


For furnished housing-----you have to pay maintainance? I am not sure on this. Some please back me up. Get a list of all appliances.

Vacation-"as organized by the institute"----umm might want to change the wording...it sounds like THEY will tell you when you can go, not you.


Deposit-----ummm I don't think so. The only thing taken from you should be your income tax and pension I believe. I wouldn't allow them to take you're hard earned money for utilities and deposit.

I hate this doctors note crap, but it is standard is not not guys?


Termination-maybe they should specifically define how many absenses, how many tardies, etc.


Still seems to be missing a lot of crap, like when the employee CAN terminate the contract, etc. etc. Check into the things I said. Be careful...this contract reeks...

[Grotto]

Employment Contract

POSITION: English Instructor


EMPLOYER

1. Name of the school

2. Address

Hereafter to be referred to as the Employer.

EMPLOYEE

1. Employee�s name
2. Address 　
Hereafter to be referred to as the Employee.

The parties agree as follows:

1. TERM OF CONTRACT


This contract will be valid for a period of 12months beginning _____16th of August, 2006_ and ending _16th of August, 2007_ .

Sorry but thats 1 year one day...if it begins on the 16'th it ends on the 15'th!

(Starting date�s up to your arrival )


2. CONDITIONS OF EMPOLYMENT

a). The Employee will act in an appropriately professional manner and be responsible for conducting professional English Language classes.

b). The Employee will be required to work for regularly scheduled hours from Monday to Friday, Each teaching hour in excess of 30 hours a week, totally 120 hours a month is considered as overtime.

You want to know what your schedule is! Mon-Fri From when to when 2-8, 3-9 whatever!. How many classes will you be teaching? What grades/ages? What constitutes a teaching hour? 50 minutes? Delete the 120 hours a month crap...go with the 30 hours a week!

c). Classes and teaching hours are scheduled at the institute's sole discretion.

Never agree to this or you WILL end up teaching split shifts!

d). The Employee is required to go through an orientation and raining program before starting Employment.

How long? Paid or unpaid? What does this training entail?


3. SERVICES PROVIDED BY THE EMPLOYER

a). PAYMENT & TAX

The Employer will pay a monthly salary of __2,100,000_won for regularly scheduled hours which we mentioned on the page 1 worked.

(Payment of salary commences from the first day of teaching.)


b). The Employer may ask the Employee to work over time (the Employee has an option to refuse and will not be forced), and if the Employee chooses to do overtime, the Employer will pay for the overtime at the rate of ____25,000_ won.


c). The employee salary will be paid on the 30th of each month.

The first payment is on 30th of the next month.

Absolutely no freakin way! So you work for these guys for 2 months before you get paid? Contact the labour board they are required to pay you at least once per month(for the month worked not prior ones!)


d). Tax for income will be deducted from the salary according to the Korean tax law, and The Employer will provide the Employee the receipt for this.

about 1.5% on 2.1 check monthly withholding tax for an exact amount!


4. HOUSING


The Employer will provide the Employee a furnished Single housing and the Housing will be provided at no cost to the Employee with the exception of maintenance and phone bills.

So you dont pay utilities>? What constitutes furnished....you really want to know!

A two-person apartment/house will be provided for a couple, if both are teaching at the Institute.

5. AIRFARE


Employer shall provide round-trip ticket. In the event that INSTRUCTOR willfully leaves the Employer before completion of his/her contract, Employer is not responsible for the return airfare. If INSTRUCTOR willfully leaves the Employer before 6 months, INSTRUCTOR must payback the initial airfare and EMPLOYER may deduct the said airfare from Instructor's last pay.

6. MEDICAL INSURANCE


The half of the insurance premium will be paid by the Employee and the other half by the Employer.

curently 2.24% each!

7. SEVERANCE PAY

Upon completion of this contract, the Employer will pay one month's salary as a severance payment to the Employee. This payment will be made at the time of completion of the contract period.

2,100,000 won

8. Deposit

After six months starting working, for three months, the Employer will collect 100,000won per month deposit for utilities and phone charges even if the teacher pays these charges each month. This deposit will be refunded on the last day(the completion of this contract).

so what is this a deposit for? If you have provided reciepts there is no need for this deposit! Refuse to pay it they cannot force you to!

8. VACATION


a). The Employee may have 10-working days as paid vacation per year, which will be organized by the institute. (days in which the Employee does not regularly work i.e., Saturdays, Sundays and National Holidays are not to be considered as part of the vacation period)

I would want to know when these days have been organized!

b). Employee's paid sick leave during the Term of Employment shall not exceed three (3) calendar days. (a doctor's invoice with the diagnosis and prognosis is required to be paid for sick days.)

You should only need to provide a doctors note if you miss 2 or more days!

In the case where the �employee� does not use any of his/her three sick days, the �employee� will receive a Bonus of \70,000 upon completion of the contract period





9. RENEWAL & TERMINATION OF CONTRACT

a)RENEWAL


The Employee must give the Employer a written 60-day notice before renewal or non-renewal of the Employee's current contract.

b). Both the Employer and the Employee reserve the option to renew the contract.

No, both parties need to agree to the renewal of the contract!

c). TERMINATION OF CONTRACT

Both parties will give at least a written 60-day notice prior to the termination date of the contract.
d). The Employer retains the right to terminate the contract

immediately if:

Wait a second here....in the above clause it says you will give 60 days notice...it is not conditional!

* The Employee is unable to discharge the responsibilities or meet the conditions such as being late for class on a continuous basis, continuous failure to keep regularly scheduled class hours and repeated absences from classes without a valid reason.

who decides if the teacher is unable to discharge the responsibilities? Is there a warning system?

*.The Employee teaches a private class outside of the school.

*. The Employee participates in any type of criminal activity of corruption of public morals which violates the laws of the Republic of South Korea.

Is convicted of any criminal wrongdoing

If, for any reason, the contract is terminated before the full completion of the contract period:

The Employee will not qualify for benefits such as severance pay and the airfares.

The Employee will be wholly responsible for any /maintenance and phone bills remaining for the duration of their housing lease.

Within 14-days the Employee is required to sign a notice of termination and accompany the employer to the Korean Immigration office to notify the Korean Immigration office of the termination.


10. GOVERNING LAW & JURISDICTION

a). This contract is governed by the low of the Republic of Korea.



b). This contract is made final and firm unless any material modification or amendment to this contract is executed with the full knowledge and consent of the undersigned and incorporated into this contract.


In witness thereof, we have affixed our signatures hereon

No mention of pension!
vague hours!
Being paid a whole month late ludicrous!