Korean Job Discussion Forums

[ttompatz]

[alabamaman]

EMPLOYMENT AGREEMENT
Labor contract

1. INTRODUCTION:This is an agreement ( between (hereinafter called `the instructor') and LEL SIJI Language School (hereinafter called `the institute' or `the school' : , Korea). The instructor agrees to teach students at the institute at the times designated by the institute management, and agrees to develop and present educational programs for the students. The instructor agrees to follow and strictly comply with the School's policies and guidelines during the period of this agreement.

2. CONTRACT DURATION:
(A) It is hereby agreed between the school and the instructor that the instructor shall teach at the school for one year, starting from July 3rd of 2006 (The starting date of the contract is the teacher�s teaching date of Korea ).

It should have been specified that you work from July 3rd, 2006 until July 2, 2007. Specifics are needed.

contract length

Contracts are one year. For your protection, insist that you have contractual language stating, "The employee shall not work as well as participate in any work related activities for the employer until the employee has been issued an E2 Visa from Korean Immigration Officials." It's illegal to work without an E2 Visa.


(B) If the instructor wishes to renew his/her contract at the end of one year, he/she must inform the School two months prior to the end of one year's service, and the contract may, if both parties agree, be renewed at that time for another year by mutual agreement.

Make sure you get one witness to sign the letter expressing interest in renewing your contract, your boss should sign it, you should sign it, it should be dated, and your boss should stamp it with the registered school stamp.

3. RESPONSIBILITIES OF TEACHER:
(A). The teacher is expected to devote no less than 1 hour a day at the institute for the lesson planning with co-teachers, student evaluations, syllabuses, telephone English, report cards, field trips, consultation with parents, supervision of play, maintenance of the English environment during breaks, workshops, staff meetings, and upgrading ones professional knowledge and skills without additional pay. The work week will follow the yearly academic calendar issued by the school

Telephone english: Negatory! If they want lessons, then they should show up at the school.

Consultation with parents: Negatory! That is your supervisors job. He should ask you for a verbal report on how the student is doing, and then that report is relayed to the parent.

Less than 1 hour a day: This is for preparation purposes only and you should be paid for it. Don't get sucked into doing anything else but lesson planning period.

upgrading ones professional knowledge and skills without additional pay: Negatory without saying! Without additional pay is crap!

Maintenance of English environment during breaks: Negatory! Labor Laws state breaks may be used freely.

syllabuses/report cards:

How often will you need to do the report cards, which classes will you do (only your own), and who will you submit these to?


(B) The instructor's working hours shall be determined by the School's schedule. However, the teaching schedule can be changed according to School�s schedule.

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.



(C) The instructor is responsible for familiarizing him or herself with all institute materials relevant to teaching at the School. The instructor shall faithfully teach and train students at the School.


4. TEACHER'S SALARY:
(A) The teacher's total monthly salary shall be 2.1 million won. The teacher's annual salary will total 25.2 million won. A severance pay bonus equivalent to one month salary will also be paid at the end of the contract. This compensation is in exchange for teaching an average of 6 hours a day, five days per week.


(B) On completion of ones responsibilities of the full contract period, the severance pay is 2.1 million won equivalent to the monthly salary. It will be paid only at the completion of the contract.

(C) ) If the instructor teaches, by mutual agreement of the instructor and
employer, additional teaching hours over and above 30 hours per week. Overtime compensation at 18,000 Won/hour shall be paid for those hours. If you teach on Saturday, overtime compensation at 18,000 won per hour shall be paid regardless of week teaching hours.

I would ask for 23,000 Korean Won per overtime hour all across the board.

(D) The instructor's salary will be paid monthly on the regular day(10th) for payment of instructor's salaries.

In my opinion you should ask for the last working day of every month, but settle for no less than the 5th. They pay on the "10th" to prevent midnight runners.

5. AIRFARE TO KOREA:

The instructor's one-way economy class or regular class airfare to Korea will be paid by the school or the school reimburse to the teacher in case the teacher buy the ticket. Return airfare to the teacher's home country shall be paid by the school upon completion of the 12 month contractual teaching period. Return airfare will not be provided if the teacher leaves the school prior to completion of the 12 month teaching period. The departure airport should be an international airport near teachers� home. (Not domestic airport)

If you stay in Korea upon completion of your contract you should be entitled to a "cash equivelant of a return ticket."

6. HOUSING:
(A) The institute will provide a private single person accommodation free-of-charge to the teacher.
(B) The teacher's apartment furnishings shall include: basic cooking utensils such as pots pans and dishes; a stove; a refrigerator; a bed with clean linen; a washing machine; and a closet, heater, table and chairs, TV, and phone.
(C) Costs for all utilities, including lighting, heat, and water, shall be borne by the teacher.

For furture reference here's what should be in your apartment:

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.

7. VACATION TIME:
The teacher shall enjoy 10 days of paid vacation (in addition to all Korean
national holidays and Saturdays and Sundays).

You don't work on Sundays as well as Saturdays, so why would weekends count as paid vacation days?

The paid vacation will be normally 5 days for summer, 5 days for winter. But the schedule can be changed by school�s schedule.

Your vacation schedule should be clearly stated in the contract, and unchanged by "schools's schedule!"

Documented sick leave and emergency leave will be paid for a combined total of 3 working days a year.

You should have 3 paid sick days per year.

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

The teacher should provide the institute with as much advance notice as possible. The teacher should submit doctor�s prescription to the school for approving sick leaves. Unused sick leave may not be converted into any cash payment. If it is found that the hours/days of absence reported as sick leave or emergency leave were not in fact for such purposes, related costs shall be subtracted from the following months pay.

Remove the penalty clause! You don't live with a cult who will go drink the kool-aid! What if you need to go shopping or run some errands Insist they remove salary deduction mumbo jumbo!

The above leaves will be included in the period of medical care compensation according to the Article 78 of Korean Labor Standard Law.

Article 78 of the Korean Labor Standards Act has been deleted! I could stand corrected thoug.

8. INCOME TAX:

Approximately 5% per month of the instructor's salary shall be deducted by the employer as withholding tax. as provided by Korean law.

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

*Go to check my monthly withholding tax

Does it state in your labor contract how much your employer will deduct from your monthly salary for income taxes in Korean Won throughout the contract period ?

33,430 Korean Won is what your employer should be deducting for income taxes. At 5% he is deducting 105,000 Korean Won per month throughout the contract period.

9. KOREAN HEALTH INSURANCE:
Instructor will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The cost of this coverage will be borne half by employer and half by instructor. Instructor's share of this coverage will be deducted from instructor's monthly salary."

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) This should be specified in your contract.

How much will your employer prepay per 3 month lump sum (2.24% x monthly salary x 3) for Korean National Healthcare Insurance Premiums?
This should be specified in your labor contract.

When will your employer enroll you in the KNHIP?
This should be specified in your labor contract. There have been several cases where employers have delayed enrolling employees in the KNHIP.

When will you recive your KNHIP Medical Insurance Card?

10. DUTY OF SECRECY:
(A) The instructor shall not disclose any of the contents of this agreement, including salary, to a third party (including other employees of the school)

Never disclose any information regarding salary to employees at your school. You should only discuss with your employer; signee of your labor contract, and nobody else.

(B) The instructor shall not disclose any information relating to the contents of lecturers and business operation of the School without prior permission of the School. Violation of this portion of the contract will cause the Instructor to be responsible to compensate the School for all possible losses suffered by the School.

Remove this penalty clause!


11. ADDITIONAL DUTIES:
(A) The instructor is required to conduct him/herself in a professional manner and to wear neat attire while at the school. Casual clothing is acceptable, provided that it is neat and clean.



(B) The following forms of behavior will not be permitted.

1) Not following scheduled class timetables and dismissing, canceling, or starting classes late without the prior approval of the institute director.

2) Conducting class while under the influence of alcohol, while smoking, or under the influence of illegal drugs.

3) Making sexual advances towards, or entering in to relationships with students or employees of the School.

Relationships is not against Korean Labor Laws the last time I checked! This contractual language should always be removed.

(C) The institute shall have the right to terminate this contract if the instructor violates the contract or fails to conduct him/herself in a professional manner.

This is a poorly written termination clause because there is no contractual language pursuant to Article 30 of the LSA, and the definition of "justifiable reason."

Article 30 of the Labor Standards Act states:

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.

In all termination clauses there should be contractual language pursuant to Article 30 (1) of the LSA. It's crucial to have that stated in you labor contract.

Furthermore, people ask, "what are justifiable reasons." They are gross negligence, violation of korean laws, and serious violations.

It's also extremely important to have contractual language specifying the definition of justifiable reasons.


At least two weeks termination notice will be given to the instructor in such case. In this case, the institute has no duty to give the severance pay bonus and return airfare to the instructor.

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.

If you have not completed 6 full work months then you may not be issued one.

Make sure you get one witness to sign the letter of release, your boss should sign it, you obviously should sign it, and your boss should stampt it with the registered school stamp.


(D) If the Employee wishes to voluntarily resign from employment before the completion of this contract the employee must provide written notice to the Employer at least 6 weeks before the resignation

Make sure you get one witness to sign the letter of resignation, your boss should sign it, you obviously should sign it, and your boss should stampt it with the registered school stamp.


(E) For a dismissal or voluntary resignation within 8 months of this Contract period, the amount of airfare will be deducted from the Employee�s last monthly salary.

Airfare reimbursements should be waived after 6 months. Insist on it!


(F) The teacher cannot work for other schools or companies without the consent of the school.

You also need consent from Korean Immigration Officials

12. Both parties have carefully read this contract; They have agreed to its terms in good faith; and they will attempt to resolve any disputes which may arise in accordance with the terms of the contract, and in a reasonable manner. All disputes which cannot be resolved by the parties to this contract will be resolved through the legal system of Korea in accordance with Korean law.

[Dan The Chainsawman]

[adverge]

I AM a girl so therefore any time I cry, it's like a girl.

[Grotto]

Unless you were hired as a curriculum design expert it is not your job!


EMPLOYMENT AGREEMENT

1. INTRODUCTION:This is an agreement between (hereinafter called `the instructor') and LEL SIJI Language School (hereinafter called `the institute' or `the school' : , Korea). The instructor agrees to teach students at the institute at the times designated by the institute management, and agrees to develop and present educational programs for the students. The instructor agrees to follow and strictly comply with the School's policies and guidelines during the period of this agreement.

red flag one and two

2. CONTRACT DURATION:
(A) It is hereby agreed between the school and the instructor that the instructor shall teach at the school for one year, starting from July 3rd of 2006 (The starting date of the contract is the teacher’s teaching date of Korea ).

and ending on July 2'nd 2007

(B) If the instructor wishes to renew his/her contract at the end of one year, he/she must inform the School two months prior to the end of one year's service, and the contract may, if both parties agree, be renewed at that time for another year by mutual agreement.

3. RESPONSIBILITIES OF TEACHER:
(A). The teacher is expected to devote no less than 1 hour a day at the institute for the lesson planning with co-teachers, student evaluations, syllabuses, telephone English, report cards, field trips, consultation with parents, supervision of play, maintenance of the English environment during breaks, workshops, staff meetings, and upgrading ones professional knowledge and skills without additional pay. The work week will follow the yearly academic calendar issued by the school

Since it is expected I would expect it to be paid. There is no reason they should expect you to donate 5 hours a week for nothing.

(B) The instructor's working hours shall be determined by the School's schedule. However, the teaching schedule can be changed according to School’s schedule.

never accept this nonsense.....you always want a set schedule with set hours 2-8 or whatever.

(C) The instructor is responsible for familiarizing him or herself with all institute materials relevant to teaching at the School. The instructor shall faithfully teach and train students at the School.


4. TEACHER'S SALARY:
(A) The teacher's total monthly salary shall be 2.1 million won. The teacher's annual salary will total 25.2 million won. A severance pay bonus equivalent to one month salary will also be paid at the end of the contract. This compensation is in exchange for teaching an average of 6 hours a day, five days per week.

work is defined as physical or mental...work is work and that 30 hours a week is what they have agreed to....so add up all your hours at the school and thats how many weeks you can tell them you are working.

(B) On completion of ones responsibilities of the full contract period, the severance pay is 2.1 million won equivalent to the monthly salary. It will be paid only at the completion of the contract.

delete bolded...severance is due upon completion of contract date

(C) ) If the instructor teaches, by mutual agreement of the instructor and
employer, additional teaching hours over and above 30 hours per week. Overtime compensation at 18,000 Won/hour shall be paid for those hours. If you teach on Saturday, overtime compensation at 18,000 won per hour shall be paid regardless of week teaching hours.

dont accept less than 25,000 won per hour

(D) The instructor's salary will be paid monthly on the regular day(10th) for payment of instructor's salaries.

by law you are supposed to be paid every month during the month worked...the 10'th is way late.....compromise and accept the 5'th at the latest....you really should be paid at the end of the month!

5. AIRFARE TO KOREA:

The instructor's one-way economy class or regular class airfare to Korea will be paid by the school or the school reimburse to the teacher in case the teacher buy the ticket. Return airfare to the teacher's home country shall be paid by the school upon completion of the 12 month contractual teaching period. Return airfare will not be provided if the teacher leaves the school prior to completion of the 12 month teaching period. The departure airport should be an international airport near teachers’ home. (Not domestic airport)

6. HOUSING:
(A) The institute will provide a private single person accommodation free-of-charge to the teacher.
(B) The teacher's apartment furnishings shall include: basic cooking utensils such as pots pans and dishes; a stove; a refrigerator; a bed with clean linen; a washing machine; and a closet, heater, table and chairs, TV, and phone.

should always make sure air con is included....summers in Korea are hellish

(C) Costs for all utilities, including lighting, heat, and water, shall be borne by the teacher.


7. VACATION TIME:
The teacher shall enjoy 10 days of paid vacation (in addition to all Korean
national holidays and Saturdays and Sundays). The paid vacation will be normally 5 days for summer, 5 days for winter. But the schedule can be changed by school’s schedule. Documented sick leave and emergency leave will be paid for a combined total of 3 working days a year. The teacher should provide the institute with as much advance notice as possible. The teacher should submit doctor’s prescription to the school for approving sick leaves.

you shouldnt need a doctors note unless you miss 2 or more consecutive days

Unused sick leave may not be converted into any cash payment. If it is found that the hours/days of absence reported as sick leave or emergency leave were not in fact for such purposes, related costs shall be subtracted from the following months pay.

illegal penalty clause

The above leaves will be included in the period of medical care compensation according to the Article 78 of Korean Labor Standard Law.

8. INCOME TAX:
Approximately 5% per month of the instructor's salary shall be deducted by the employer as withholding tax. as provided by Korean law.

way way too much! 2.1 tax is about 1.5%

9. KOREAN HEALTH INSURANCE:
Instructor will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The cost of this coverage will be borne half by employer and half by instructor. Instructor's share of this coverage will be deducted from instructor's monthly salary."

10. DUTY OF SECRECY:
(A) The instructor shall not disclose any of the contents of this agreement, including salary, to a third party (including other employees of the school)

oops now you've done it

(B) The instructor shall not disclose any information relating to the contents of lecturers and business operation of the School without prior permission of the School. Violation of this portion of the contract will cause the Instructor to be responsible to compensate the School for all possible losses suffered by the School.

what a surprise yet another illegal clause.....they would have to prove the loss in a court of law and get a judge to rule in their favour.....sigh

11. ADDITIONAL DUTIES:
(A) The instructor is required to conduct him/herself in a professional manner and to wear neat attire while at the school. Casual clothing is acceptable, provided that it is neat and clean.
(B) The following forms of behavior will not be permitted.
1) Not following scheduled class timetables and dismissing, canceling, or starting classes late without the prior approval of the institute director.

this is why it is important to have the hours clearly defined in the contract....that way they cant change them without your approval

2) Conducting class while under the influence of alcohol, while smoking, or under the influence of illegal drugs.
3) Making sexual advances towards, or entering in to relationships with students or employees of the School.
(C) The institute shall have the right to terminate this contract if the instructor violates the contract or fails to conduct him/herself in a professional manner. At least two weeks termination notice will be given to the instructor in such case. In this case, the institute has no duty to give the severance pay bonus and return airfare to the instructor.

its 30 days notice by law

(D) If the Employee wishes to voluntarily resign from employment before the completion of this contract the employee must provide written notice to the Employer at least 6 weeks before the resignation

right they offer you 2 weeks notice and want 6 in return Legally you dont need to give them any notice....although to be professional you should give 30 days notice as well.

(E) For a dismissal or voluntary resignation within 8 months of this Contract period, the amount of airfare will be deducted from the Employee’s last monthly salary.

6 months!

(F) The teacher cannot work for other schools or companies without the consent of the school.

and immigration

12. Both parties have carefully read this contract; They have agreed to its terms in good faith; and they will attempt to resolve any disputes which may arise in accordance with the terms of the contract, and in a reasonable manner. All disputes which cannot be resolved by the parties to this contract will be resolved through the legal system of Korea in accordance with Korean law.

I would ask for a letter of release...tell the a-hole who is threatening to fire you that you accept his offer and find a better job.

Curriculum designers should charge significantly more that hogwan teachers.

Your contract is not very good! The tax rate is triple what it should be. There is also no mention of pension!

[Grotto]

[salboski]

WTF? If some waygook "head teacher" kept threatening to fire me, I would probably put him in check really fast.

[Yu_Bum_suk]

[poet13]

I musts' missed something. Lead teacher works 60 hours a week, and he has less work than you do? If he's willing to put in that kind of time , thats up to him.
As far as his telling you he will get you fired, talk to your REAL boss about it. Sincerely apologize that it didn't work out, and that you hope he will find another teacher soon. He will wonder what you're talking about. Then backtrack and tell him that the LEAD teacher has told you that you are going to be fired. See how fast his leash gets yanked short.

[TheUrbanMyth]

If the other teachers are unhappy with this jerk of a head teacher, you should all go to your boss and give him an ultimation. Either this jerk goes, or you all go.

[bnrockin]

I never get tired of alabamaman's contract knowledge.

[MAneedspay]

One big scary thing I see in this contract is this "duty of secrecy" clause. I have never seen anything about keeping salary, business, and contract secret before.
I have endured a similiar situation before regarding development of curriculum, text, syllabus, lesson plans, even custom grammar worksheets and theme activities.
I would do some communicatin' with the director and tell them what is going on from your perspective. You may be able to renegotiate it, or at least keep the new lead and the director off you ass about details.
Good Luck

[lastat06513]

I had to do this several different time, the last time being at my last teaching job.

At one of the hogwons where I worked the longest, they needed a 3-month curriculum to show the ministry of education so they can get aid to help the students get tuition assistance.
I had to develop it all in one day!!!
Now, I am used to making a month's lesson plan in advance, this posed a big challenge for me because I wasn't able to see that far into the future.

The good news is that I kept all my previous lesson plans from 2002 (and I still have them on disk) and I was able to use them as a guide.

Unfortunately, I left that job a month after this project (making me feel like it was a waste of my free time at the time)

The pros- A lesson plan can be used as a loose guide as to what you want to do in class. That helps you know where the students need improvement and pace your class.

The cons- sometimes it might mean spending some of your free time to make up a lesson plan.

During my 3-month stay in Kuwait, the DOS came into my class at the end of every month. What made it difficult was the fact she was a woman (I was teaching Kuwaiti soldiers [men] who felt uncomfortable in the presence of a woman in class), so it was difficult to make them talk while she was doing her evaluation. At first, my evaluation was crap.

Solution- I arranged to teach pronunciation drills or grammar drills where the students had to listen and repeat during the evalaution. Worked like a charm

[captain kirk]

It's not in Korean culture to even mention the word 'fired' in advance, as in 'do this or "you will be fired"'. Final words like 'quit, fired' I've never heard because the stressing is all low-key, above board, and 'polite'. It can be passive aggressive as nails scratching on a chalkboard, screeeeech!, but no talk of 'you will be fired!'. The boss is big on 'taking care' of employees, 'protecting' them like a father. Confucian stuff. The hierarchy is tight, trickle down, but give the appearance of loyalty as you do your best and you're in the fold. No talk of firing, etc.

If you told the Korean boss that the 'head teacher' keeps threatening you with being fired I think he would find the head teacher most odd.

[alabamaman]

2 mg of Ativan in the head teacher's coffee