Korean Job Discussion Forums

[twistedhorizions]

Is this a good contract?
Wondering about all the teachers duties - are they the norm?
... / /
Contract of Employment
POSITION: English Instructor
1.

The employer hires the Teacher and both parties agree on the following terms and conditions.

�?. Period of Employment.

a. This contract will be valid for a period of 12months beginning September 18th, 2006 and ending September 17th, 2007.

b. The time of this contract is for one year commencing from the date of the teacher's arrival in Korea and finishes on the last teaching day of the twelfth month.

c. The terms of the contract include preparatory period, twelve full teaching sessions, and scheduled vacations and holidays that fall between or during teaching sessions.

��. Duties of Teacher.

a. During the term of this contract, the teacher shall cooperate with the Employer and comply with the duties as specified :

��. EFL instructor of the employer's program
��. Curriculum design and implementation
��. Development of educational programs and materials
��. Out of classroom activities for/with students
��. Recording and reporting work on students' activities
��. Attendance at/or orientation/staff meeting/workshops/seminar on teaching programs.
��. Other work related activities, as agreed upon by the Teacher.

b. The teacher shall not use the intellectual property and know-how of the program through employment for any business purpose either directly or indirectly.

c. The teacher will not be allowed to arrange private lessons outside the place of employment without permission of the Employer.

�?. Salary, Insurance, Pension and Tax.

a. A guaranteed monthly salary of 2.1 million Won will be paid on or directly deposited to the teacher's bank account.

b. Employer will pay 50% of the teacher's insurance premium and the employee will pay the remaining 50%. The average premium will be in the range of 2% of and be deducted from the monthly salary.

c. Employer will pay 50% of the teacher�s pension and the employee will pay the remaining 50%. The pension will be deducted teacher�s salary as set forth by Korean law (4.5%)

d. Income tax will be also deducted from teacher's salary as set forth by Korean law (3-5%).

�?. Working hours.
a. During the term of this contract, the teacher shall be required to work from Monday through Friday. The working hours, defined as the hours the teacher should remain including lunchtime and preparatory time shall be between the hours of 9:00 am and 7:10 pm. These working hours may be subject to change according to the employer's situation. However, the maximum teaching hours, which means teaching time for classes, 30 hours per week will be kept. In the case of exceeding 30 hours per week for teaching time, not working time, overtime will be paid at 18,000 won per hour.

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

c. The Employer will work five times on Saturday for a year for special events: concert, open class, field trip, contest and parents meeting. Teacher will have free time during the day instead of Saturday work.

��. Transportation

a. Option A
The Employer will pay the cost of a one-way ticket to Korea in advance. When the teacher has been employed for 12 months, the Employer will then pay for the one way return fare.

b. Option B
The employer will prepay airfare in full, including a return ticket to USA. Employer will retain ownership of the return ticket until the teacher has been employed for 12 months.

c. If the teacher leaves within 12 months he/she has to inform the Employer 2 months in advance. If the teachers leaves within 3 months from the start of the contract, he/she will have to all travel expenses, insurance premiums, all Visa application fees (approximately 50,000 won) prepaid by the employer, and all costs associated with recruiting for the teacher (1.2 million won). The teacher has to reimburse the one-way ticket if he/she wants to leave within 6 months from starting at the school (option A). If a round-trip ticket was provided by the school (option B), and the teacher wants to cancel within 6 month, then the teacher has to reimburse the full cost of the round-trip ticket. And again, in a case of a round-trip ticket, if the teacher cancels between 6 to 12 months within the contract, the teacher will have to reimburse the return part of the ticket.

��. Visa.

The employee will pay costs associated with obtaining the Korean working visa.

�?. Severance Payment.

Upon completion of the contract the teacher will receive one month's salary, 2.1 million Won, as severance payment.

�?. Vacation and Holidays.

The teacher will observe Korean national holidays and vacations(5 days in summer and 5 days in winter) as scheduled by the employer. The base salary will be given each month regardless of holidays.

�?. Housing

a. The employer will provide the teacher, at the employer's expense, furnished single accommodation. The employer will select the accommodation.

b. The teacher will pay the cost of monthly utilities, telephone charges and other expenses for personal use.

X. Dismissal or Voluntary Resignation and Penalty.

a. The employer will have the right to dismiss the teacher in case of neglect of duties within this contract, including frequent absences from the place of employment without any notice, the inability to perform duties, and actions that reflect badly on the reputation of the employer.

b. If a dispute or grievance between the teacher and employer occurs, both parties agree to informal discussion to resolve these matters amicably.

c. In the case of dismissal, the employer will not be responsible for the teacher's return ticket and severance payment.

d. Both the Employer and the Employee will give at least a written 60-day notice prior to the termination date of the contract.

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




XI. RENEWAL

a. 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

XII. Special Leave.

a. The teacher, after completing six months of employment, can be entitled to have three days of special leave.

b. Special leave may be taken based on the two parties agreement only when :
?. The teacher is seriously sick. (a doctor's invoice with the diagnosis is required to be paid for sick days.)
��. The teacher suffers a bereavement of an immediate family member.

c. Special leave shall be paid at the ordinary rate of pay.

XIII. Governing Law and jurisdiction.

This contract will be governed by the appropriate laws of the Republic of Korea as well as by international law.


Employer _________________________ Date _______________________
Signature


Employee _________________________ Date ______________________
Signature

[SeoulShakin]

That contract looks very familiar to me - can I ask the name of the school?
Looks like the one I signed, and we're hiring, so I'm curious
(If you'd rather pm me with the name, that's cool - if it's my school, I can give you some more inside information)

[formerflautist]

The hours are really bad. Thirty hours teaching but you're there ten hours a day. Get clarification on the schedule. Also, your hours can change at the employers whim.

Overtime is low.

[SeoulShakin]

Hmm nevermind -can't be my school - some of these things are worded exactly the same as mine, but I skimmed.

I don't work saturdays, and nothing about saturdays are in my contract... and I don't work the same hours.

[ttompatz]

[alabamaman]

http://www.molab.go.kr/download/_20051220144304549.pdf

Contract of Employment
POSITION: English Instructor
1.

The employer hires the Teacher and both parties agree on the following terms and conditions.

�?. Period of Employment.

a. This contract will be valid for a period of 12months beginning September 18th, 2006 and ending September 17th, 2007.

"September 18th, 2006 and ending September 17th, 2007."

b. The time of this contract is for one year commencing from the date of the teacher's arrival in Korea and finishes on the last teaching day of the twelfth month.

If you don't have your E2 Visa, then I would seriously consider changing this contractual language. You aren't allowed to teach without an E2 Visa which is common knowledge. If Immigration catches you, they will deport you back to your native country. You really should have contractual languages stating, "The emloyee shall work or participate in any work related activities for the employer when he/she has been issued an E2 Visa by Korean Immigration Officials," for your own protection.

c. The terms of the contract include preparatory period, twelve full teaching sessions, and scheduled vacations and holidays that fall between or during teaching sessions.

��. Duties of Teacher.

a. During the term of this contract, the teacher shall cooperate with the Employer and comply with the duties as specified :

��. EFL instructor of the employer's program
��. Curriculum design and implementation

This is standard hagwon contract language from what I have seen during contract evaluations. A curriculum should be set in stone upon arrival in South Korea.


��. Development of educational programs and materials

I firmly believe that all educational programs should be developed upon arrival in South Korea, and that it's not your job to do so. If it were me, I would omit this contractual language.


��. Out of classroom activities for/with students

You will be going on field trips of all sorts.

��. Recording and reporting work on students' activities

Does reporting work mean report cards, written reports, and/or verbal reports? How often will this take place?

��. Attendance at/or orientation/staff meeting/workshops/seminar on teaching programs.

If you don't have your E2 Visa the orientation, staff meetings, and seminars are out of the question until you get one. It would make sense to get paid overtime for hours worked outside the established working hours in your labor contract. I would make an exception to meetings as long as you have contractual language specifying that you will be attending meetings for the said purposes of


��. Other work related activities, as agreed upon by the Teacher.

b. The teacher shall not use the intellectual property and know-how of the program through employment for any business purpose either directly or indirectly.

c. The teacher will not be allowed to arrange private lessons outside the place of employment without permission of the Employer.

I would omit such contractual language from your contract. It's illegal to conduct private lessons even if your employer gives you permission to.

�?. Salary, Insurance, Pension and Tax.

a. A guaranteed monthly salary of 2.1 million Won will be paid on or directly deposited to the teacher's bank account.

b. Employer will pay 50% of the teacher's insurance premium and the employee will pay the remaining 50%. The average premium will be in the range of 2% of and be deducted from the monthly salary.

Health Insurance

Korean National Healthcare Plan:

http://www.nhic.or.kr/wbe/faq/faq.html

How much will your employer deduct from your monthly salary for premium payments throughout the contract period in Korean Won? (2.24% of your monthly salary)

How much will your employer prepay per 3 month lump sum (2.24% x monthly salary x 3) for Korean National Healthcare Insurance Premiums?

When will your employer enroll you in the KNHIP?

When will you recive your KNHIP Medical Insurance Card?

c. Employer will pay 50% of the teacher�s pension and the employee will pay the remaining 50%. The pension will be deducted teacher�s salary as set forth by Korean law (4.5%)

Korean Pension Fund

http://www.nps4u.or.kr/eng/enpsk.html?code=./enpsk/a02.html

How much will your employer deduct from your monthly salary to be paid into the Korean Pensiond Fund throughout the contract period (4.5% of your monthly salary)?

How much will your employer contribute to the Korean Pension Fund in Korean Won per month throughout the contract period (employer shall match the deduction from your monthly salary)?

Korean Pension Fund contribution and return of said pension contribution at the end of contract.

http://www.npc.or.kr/social/index_en.html
http://www.eslcafe.com/forums/korea/viewtopic.php?t=45302


d. Income tax will be also deducted from teacher's salary as set forth by Korean law (3-5%).

Income Taxes

http://www.nts.go.kr/eng/default.html

*Go to check my monthly withholding tax

3% - 5% are both innacurate tax figures

�?. Working hours.
a. During the term of this contract, the teacher shall be required to work from Monday through Friday. The working hours, defined as the hours the teacher should remain including lunchtime and preparatory time shall be between the hours of 9:00 am and 7:10 pm. These working hours may be subject to change according to the employer's situation. However, the maximum teaching hours, which means teaching time for classes, 30 hours per week will be kept. In the case of exceeding 30 hours per week for teaching time, not working time, overtime will be paid at 18,000 won per hour.

Monthly wage & overtime

You shouldn't settle for wages less than 2,000,000 Korean Won per month. Workers should be paid once per month according to Labor Laws. It would make sense to be paid on the last working day of the month throughout the contract period. There are some employers that pay Foreign Language Teachers on the 10th of every month to prevent the "midnight run."

Working hours

What are your working hours throughout the contract period?
It would be ideal lfor you to work 6 hour shifts (ex. 2-8/3-9/4-10).

What days of the week will you work? (Monday through Friday)
How many hours will you work per month? (120 is the norm)

How many hours will you work per week? (30 is the norm)

What constitutes a working hour?

There should be no more than 8 hours between from your daily start time until your daily finish time when working block shifts throughout the contract period. Ask for that to be written in your labor contract.

Is there contractual language staing your employer will allow you a recess period of more than 30 minutes for every 4 working hours and more than 1 hour for every 8 working hours? Korean Labor Laws state that recess periods may be used freely by workers.

Article 53 (Recess Hours)

(1) An employer shall allow a recess period of more than 30 minutes for every 4 working hours and more than 1 hour for every 8 working hours during the working hours.
(2) A recess period may be freely used by workers.



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

c. The Employer will work five times on Saturday for a year for special events: concert, open class, field trip, contest and parents meeting. Teacher will have free time during the day instead of Saturday work.



��. Transportation

a. Option A
The Employer will pay the cost of a one-way ticket to Korea in advance. When the teacher has been employed for 12 months, the Employer will then pay for the one way return fare.

b. Option B
The employer will prepay airfare in full, including a return ticket to USA. Employer will retain ownership of the return ticket until the teacher has been employed for 12 months.

c. If the teacher leaves within 12 months he/she has to inform the Employer 2 months in advance.

Contractual language should be written specifying that you will submit a "letter of resignation 25 working days in advance," and that all wages wil be paid up to the last day worked.




If the teachers leaves within 3 months from the start of the contract, he/she will have to all travel expenses, insurance premiums, all Visa application fees (approximately 50,000 won) prepaid by the employer, and all costs associated with recruiting for the teacher (1.2 million won).

The teacher has to reimburse the one-way ticket if he/she wants to leave within 6 months from starting at the school (option A). If a round-trip ticket was provided by the school (option B), and the teacher wants to cancel within 6 month, then the teacher has to reimburse the full cost of the round-trip ticket. And again, in a case of a round-trip ticket, if the teacher cancels between 6 to 12 months within the contract, the teacher will have to reimburse the return part of the ticket.

Airfare

Roundtrip airfare from and to the nearest international airport to your home, or cash equivalent thereof! Employers may ask you to reimburse them for the total cost of the airfare for dismissal, or resignation any time throughout the contract period. Ask that airfare reimbursements are waived after completing 6 months of employment.



��. Visa.

The employee will pay costs associated with obtaining the Korean working visa.

�?. Severance Payment.

Upon completion of the contract the teacher will receive one month's salary, 2.1 million Won, as severance payment.

On the last working day of the contract period

�?. Vacation and Holidays.

The teacher will observe Korean national holidays and vacations(5 days in summer and 5 days in winter) as scheduled by the employer. The base salary will be given each month regardless of holidays.

�?. Housing

a. The employer will provide the teacher, at the employer's expense, furnished single accommodation. The employer will select the accommodation.

Accommodation

The following items should be in working condition, and your apartment should be clean upon arrival.

Rent (A majority of ESL Teachers prefer a one bedroom apartment)
Bed
Desk
Closet
Table
TV
Washing machine
Clothes rack
Pots
Pans
Dishes
Forks/Knives/Spoons
Phone
Refrigerator
Stove
Air conditionar
Heating system
Utilities are paid by the employee.
You're are not responsible for the previous occupant's unpaid bills.

b. The teacher will pay the cost of monthly utilities, telephone charges and other expenses for personal use.

X. Dismissal or Voluntary Resignation and Penalty.

a. The employer will have the right to dismiss the teacher in case of neglect of duties within this contract, including frequent absences from the place of employment without any notice, the inability to perform duties, and actions that reflect badly on the reputation of the employer.

b. If a dispute or grievance between the teacher and employer occurs, both parties agree to informal discussion to resolve these matters amicably.

What if both parties cannot resolve the matters amicabely? There should be contractualy language specifying you may have the opportunity to have a labor board hearing

c. In the case of dismissal, the employer will not be responsible for the teacher's return ticket and severance payment.

d. Both the Employer and the Employee will give at least a written 60-day notice prior to the termination date of the contract.

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


Termination Clause

There are hagwon contracts that state, "The employer will give an advance notice to the worker at least 60 days before dismissal." Article 32 (Advance Notice of Dismissal) of the Korean Labor Standards Act States:

Article 32 (Advance Notice of Dismissal)

(1) An employer shall give an advance notice to a worker at least thirty days before dismissal(including dismissal for managerial reasons). If the notice is not given thirty days before the dismissal, normal wages for more than thirty days shall be paid to the worker, except in cases, prescribed by the Ordinance of the Ministry of Labor, where it is impossible to continue a business because of natural disaster, calamity, or other unavoidable causes, or where a worker has caused considerable difficulties to a business, or damage to properties on purpose.

Article 31 (Restriction on Dismissal for Managerial Reasons)

(1) If an employer wants to dismiss a worker for managerial reasons, there shall be urgent managerial needs. In such cases as transfer, acquisition and merger of business which are aimed to avoid financial difficulties, it shall be deemed that there is an urgent managerial need.

Grounds permitted under Korean law for termination of employment

http://www.efl-law.org/forums/viewtopic.php?t=1361

When it comes to the matter regarding termination of employment, Korean labor laws are known to apply strict criteria in determining whether a specific termination was just or proper. Let's look at the specific grounds for termination of employment that are prescribed in the Labor Standards Act of Korea (LSA).

Under LSA, an employer may terminate employees pursuant to (i) taking any disciplinary actions taken (with regard to any improper acts committed by the relevant employee) and (ii) laying off of employees due to managerial reasons.

(i) Dismissal by disciplinary action

It is first noted that Article 30 of LSA requires a justifiable cause if and when an employer takes disciplinary actions, including termination of employment, with regard to its employees. Korean courts have held that a justifiable cause refers to such causes as criminal offense, serious illegal acts, and gross negligent acts, etc. which would make maintaining of the relevant employment relationships no longer possible under generally accepted public notions.

Article 30 (Restriction on Dismissal, etc.)

(1) An employer shall not dismiss, lay off, suspend, transfer a worker, or reduce wages, or take other punitive measures against a worker without justifiable reason.

(2) An employer shall not dismiss any worker during a period of temporary interruption of work for medical treatment of an occupational injury or disease and within 30 days thereafter; nor shall any female worker before and after childbirth be dismissed during a period of temporary interruption of work as provided herein and within 30 days thereafter; however, if an employer has paid the lump sum compensation due under Article 87 hereof or is not able to continue his business, this shall not apply.

Especially, because a termination of employment is the most extreme measure, taking away an employee's means of making a living, Korean courts are known to be very strict in applying the above-noted criteria, when it determines whether a particular termination is justified. Thus, unless an employee's specific conduct is something that makes current employer-employee relationship no longer possible to continue, it would be advisable for an employer to take less severe disciplinary actions such as suspension of employment, reduction of salary, or reprimand.

In addition, under the LSA, where an employer wishes to terminate an employee in compliance with (and validly under) the law, there must also be procedural justification to that termination. In other words, the law requires that proper (legally justified) procedures be taken in disciplining the employee, including providing the employee with a proper opportunity to defend himself/herself, no matter how egregious the employee's actions are, and failure to do so will constitute an invalid termination.

(ii) Dismissal due to managerial reason

Further, as regards the employment termination, under LSA, an employer may also terminate employees where the employer can establish an imminent managerial reason. Article 31 of LSA provides that before an employer terminates a group of employees, the employer must have made its best efforts to avoid termination and have fair and reasonable standards of termination in place. The termination of employees must have been based on such standards for termination and the employer must have given notice to and consulted with the employees?relevant labor representative (i.e., labor union).

It is the firm position of the Korean Supreme Court that an imminent managerial reason exists if the employer's termination of employees is rational from an objective standpoint. The Korean Supreme Court has recognized the existence of an imminent managerial reason in the following cases: (a) the employer has continuously experienced deficit operation; (b) due to continuous labor disputes, the operation of the employer is expected to worsen to a degree that half of the capital amount of the employer has decreased for one year; (c) a part of the business is changed to a sub-contract system due to continuous deficit operation and, as a result, the employer terminated the employment of related employees; or (d) in the course of privatization of a public corporation, reorganization of the corporation has been taken.

In light of the foregoing, it can be concluded that an imminent managerial reason to terminate will be found to exist where it is inevitable that the employer must terminate employment in order to overcome actual difficulties in management. However, even where an employer with a positive balance sheet terminates the employment of a group of employees in order to overcome actual difficulties or to generate additional revenues, the existence of an imminent managerial reason will not be found to exist unless the inevitability of such termination can be proven objectively.

Therefore, as described above, unless there is a legitimate, objective reason to terminate employees, it is not easy under current Korean labor laws to establish a justifiable cause or imminent managerial reason to terminate employees under LSA. However, as an alternative to termination, it is sometimes recommended that an employer attempt to persuade those employees whom it wishes to terminate to voluntarily retire from his/or her office. It is customary practice in Korea for an employer to induce the early retirement of employees whom they wish to terminate by offering them a reasonable severance package. Though not required by Korean law, a Korean company will ordinarily offer early retirement employees additional severance pay in addition to severance pay in accordance with standards set forth in LSA or the employer's employment rules and regulations.

2. Procedures regarding a court-sponsored mediation

There are two kinds of mediation that could take place in the course of litigation before a Korean court, which we briefly note below.

Under Korean law and practice, courts sometimes suspend pending litigation to request that the parties in the litigation try to reach a settlement. The courts may take such measure even after the close of hearing. The courts often rely on such procedure, which is called court-sponsored meditation, when the legal issues are highly complex or are not clear-cut, or if they believe that the dispute is better suited to a settlement rather than a decision entirely in favor of one party. In such a procedure, the court will typically hold a mediation session in court. If the parties cannot reach a settlement, then the mediation is stopped, the suspension on litigation is lifted, and litigation resumes.

It is also noted that there exists a less voluntary variation on court-sponsored mediation (so-called court-ordered mediation). Under this approach, rather than request the parties to try to reach an agreement, the court may present a settlement proposal for the parties?consideration after listening to the parties during the mediation hearing(s). In such case, any party can reject the settlement order within 2 weeks of receiving the written notice of the court's settlement order. However, if neither party files their objection within the 2-week period, the court's order becomes final. It is then entered into court records as the final decision in the case. If any party rejects the settlement order, the mediation is dissolved and litigation resumes.

Article 26 (Violation of Conditions of Employment)

(1) If any of the conditions of employment set forth in accordance with Article 24 is found to be inconsistent with the actual conditions, the worker concerned shall be entitled to claim damages resulting from the breach of the conditions of employment or may terminate the labor contract forthwith.

(2) If a worker intends to claim indemnity for damages in accordance with paragraph (1), he may do so with the Labor Relations Commission. If a labor contract has been terminated, an employer shall pay travel expenses to a worker who changes his residence for the purpose of securing new job. (There should be contractual language pursuant to this clause that defines reasons you can terminate your labor contract. Allot of hagwon contracts use such contractual language as, "The employee may annul the contract if the employer doesn't complete the terms of the contract."



XI. RENEWAL

a. 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

Do you notify your employer verbally or in writing?
How long will it take for him to render a decision?

XII. Special Leave.

a. The teacher, after completing six months of employment, can be entitled to have three days of special leave.

Emergency leave

Ask for 5-7 days of emergency leave in your labor contract. Emergency leave days are unpaid, separate from paid sick days, and separae from annual leave days. Emergency leave is for a major death in the family, and your employer will require proof.



b. Special leave may be taken based on the two parties agreement only when :

?. The teacher is seriously sick. (a doctor's invoice with the diagnosis is required to be paid for sick days.)

Paid sick days

If there are no paid sick days, then ask for 3 to be written in your labor contract.

��. The teacher suffers a bereavement of an immediate family member.

c. Special leave shall be paid at the ordinary rate of pay.

XIII. Governing Law and jurisdiction.

This contract will be governed by the appropriate laws of the Republic of Korea as well as by international law.


Employer _________________________ Date _______________________
Signature


Employee _________________________ Date ______________________

Signature


Dress code

A dress code clause should be written in your labor contract.

[Grotto]

Contract of Employment
POSITION: English Instructor
1.

The employer hires the Teacher and both parties agree on the following terms and conditions.

•?. Period of Employment.

a. This contract will be valid for a period of 12months beginning September 18th, 2006 and ending September 17th, 2007.

b. The time of this contract is for one year commencing from the date of the teacher's arrival in Korea and finishes on the last teaching day of the twelfth month.

c. The terms of the contract include preparatory period, twelve full teaching sessions, and scheduled vacations and holidays that fall between or during teaching sessions.


delete b and c! The contract is from Sept 18'th 2006 to September 17'th 2007 everything else muddies the water!

•�. Duties of Teacher.

a. During the term of this contract, the teacher shall cooperate with the Employer and comply with the duties as specified :

•�. EFL instructor of the employer's program
•�. Curriculum design and implementation

Curriculum should be supplied

•�. Development of educational programs and materials
•�. Out of classroom activities for/with students
••. Recording and reporting work on students' activities
•�. Attendance at/or orientation/staff meeting/workshops/seminar on teaching programs.
•�. Other work related activities, as agreed upon by the Teacher.

b. The teacher shall not use the intellectual property and know-how of the program through employment for any business purpose either directly or indirectly.

c. The teacher will not be allowed to arrange private lessons outside the place of employment without permission of the Employer.

•?. Salary, Insurance, Pension and Tax.

a. A guaranteed monthly salary of 2.1 million Won will be paid on or directly deposited to the teacher's bank account.

b. Employer will pay 50% of the teacher's insurance premium and the employee will pay the remaining 50%. The average premium will be in the range of 2% of and be deducted from the monthly salary.

c. Employer will pay 50% of the teacher’s pension and the employee will pay the remaining 50%. The pension will be deducted teacher’s salary as set forth by Korean law (4.5%)

d. Income tax will be also deducted from teacher's salary as set forth by Korean law (3-5%).

not even close! About 1.5%!

•?. Working hours.
a. During the term of this contract, the teacher shall be required to work from Monday through Friday. The working hours, defined as the hours the teacher should remain including lunchtime and preparatory time shall be between the hours of 9:00 am and 7:10 pm. These working hours may be subject to change according to the employer's situation. However, the maximum teaching hours, which means teaching time for classes, 30 hours per week will be kept. In the case of exceeding 30 hours per week for teaching time, not working time, overtime will be paid at 18,000 won per hour.

say hello to split shifts! Not acceptable. You want a set schedule from 2-8 or 9-3...6 hours a day! OT should be 25,000 won an hour!
b. Classes and teaching hours are scheduled at the institute's sole discretion

c. The Employer will work five times on Saturday for a year for special events: concert, open class, field trip, contest and parents meeting. Teacher will have free time during the day instead of Saturday work.

unacceptable! Free time during the day so you get a couple of hours off during the week in exchange for a whole day? Get stuffed!

•�. Transportation

a. Option A
The Employer will pay the cost of a one-way ticket to Korea in advance. When the teacher has been employed for 12 months, the Employer will then pay for the one way return fare.

b. Option B
The employer will prepay airfare in full, including a return ticket to USA. Employer will retain ownership of the return ticket until the teacher has been employed for 12 months.

c. If the teacher leaves within 12 months he/she has to inform the Employer 2 months in advance. If the teachers leaves within 3 months from the start of the contract, he/she will have to all travel expenses, insurance premiums, all Visa application fees (approximately 50,000 won) prepaid by the employer, and all costs associated with recruiting for the teacher (1.2 million won). The teacher has to reimburse the one-way ticket if he/she wants to leave within 6 months from starting at the school (option A). If a round-trip ticket was provided by the school (option B), and the teacher wants to cancel within 6 month, then the teacher has to reimburse the full cost of the round-trip ticket. And again, in a case of a round-trip ticket, if the teacher cancels between 6 to 12 months within the contract, the teacher will have to reimburse the return part of the ticket.

Unacceptable! It should state that you dont have to pay for the airfare after 6 months. The nonsense of the recruiters fee, visa application and all costs associated need to be deleted!

•�. Visa.

The employee will pay costs associated with obtaining the Korean working visa.

So if you have to pay them then why do they tell you to reimburse them in the previous clause?

•?. Severance Payment.

Upon completion of the contract the teacher will receive one month's salary, 2.1 million Won, as severance payment.

•?. Vacation and Holidays.

The teacher will observe Korean national holidays and vacations(5 days in summer and 5 days in winter) as scheduled by the employer. The base salary will be given each month regardless of holidays.

•?. Housing

a. The employer will provide the teacher, at the employer's expense, furnished single accommodation. The employer will select the accommodation.

You want a list of what the furnishings are, bed, chair, desk, table, TV, VCR, Fridge, microwave etc.

b. The teacher will pay the cost of monthly utilities, telephone charges and other expenses for personal use.

X. Dismissal or Voluntary Resignation and Penalty.

a. The employer will have the right to dismiss the teacher in case of neglect of duties within this contract, including frequent absences from the place of employment without any notice, the inability to perform duties, and actions that reflect badly on the reputation of the employer.

b. If a dispute or grievance between the teacher and employer occurs, both parties agree to informal discussion to resolve these matters amicably.

c. In the case of dismissal, the employer will not be responsible for the teacher's return ticket and severance payment.

d. Both the Employer and the Employee will give at least a written 60-day notice prior to the termination date of the contract.

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




XI. RENEWAL

a. 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

XII. Special Leave.

a. The teacher, after completing six months of employment, can be entitled to have three days of special leave.

b. Special leave may be taken based on the two parties agreement only when :
?. The teacher is seriously sick. (a doctor's invoice with the diagnosis is required to be paid for sick days.)
•�. The teacher suffers a bereavement of an immediate family member.

c. Special leave shall be paid at the ordinary rate of pay.

XIII. Governing Law and jurisdiction.

This contract will be governed by the appropriate laws of the Republic of Korea as well as by international law.


Employer _________________________ Date _______________________
Signature


Employee _________________________ Date ______________________
Signature

sick days? Work hours are horrible...Saturdays

[potblackettle]

Thanks grotto.

I have another contract I think I'm going to accept instead.

[princess]

Those hours are tooooooooo long!!! Can you say slave? Designing the curriculum and developing materials? I don't think so! Unless I get paid extra...hehehe Just say no to crapola contracts!

[i_teach_esl]

i just wanted to say how cool you all are for giving feedback like this. this is the 3rd post of its kind of people asking for feedback on contracts, i've not needed it just yet but i really appreciate the support here.

[Yu_Bum_suk]

9.00am to 7.10pm is really bad for a hogwan. That could make your life absolute hell.