Korean Job Discussion Forums

[solo]

hello - i have highlighted the things i have already sent to the recruiter of things that need to perhaps be changed and things i think are no acceptable. What do you guys think are valid and non valid demands? i have over 8 years efl experience inc in asia if that adds weight to my demands. many thanks!!


Employment Agreement For Instructor

This Employment Agreement has been made by and between Herald School Jungrang at Shinnae dong (hereinafter called Employer) and , a citizen of whose passport number is (hereinafter called Employee).
The period of the contract is one year beginning from the date of the employee�s first teaching day at the school in Korea and ending the day before the last day of your alien registration card. The employee agrees to work under the terms and conditions of this contract. �THE EMPLOYEE SHALL WORK FOR THE EMPLOYER WHEN THE EMPLOYEE HAS BEEN ISSUED AN E-2 VISA FROM KOREAN IMMIGRATION OFFICIALS.�[/b][/b]

1. Schedule
The number of regular teaching hours will be 120 working hours per month Monday through Friday. Class preparation time is not included in above 120 working hours. Classes and teaching schedules will be organized and will be flexible in accordance with the needs and situations of the school and children. No regular schedule of work hours can be guaranteed to the Employee. (THIS PART IS UNSATISFACTORY). ALSO THERE IS NO MENTION OF THE EXACT STARTING AND FINISHING TIMES ON THIS CONTRACT. ASLO THERE IS NO MENTION OF BREAK TIMES. THERE IS NO MENTION OF THE DAILY OR WEEKLY HOURS. HOW MANY CLASSES A DAY AND HOW LONG EACH CLASS? PLEASE PUT SCHEDULED WORK HOURS IN MY CONTRACT.

2. Salary/Overtime
The Employer agrees to pay the Employee a basic salary of 2,100,000 Korean Won per month. THE SALARY IS GUARANTEED. The salary will be paid to the Employee on the 10th of the next month regularly. As for the overtime teaching beyond 120 working hours per month, the Employee will be paid fifteen thousand Korean won (\15,000) per hour. (18,000)

3. Severance Payment
The Employee will be given a bonus of one month pay for completing their one year contract period. This amount will be paid at the time of, and is dependent on, the completion of the full contract term. THE EMPLOYER WILL NOT DISMISS THE EMPLOYEE UNECESSARILY BEFORE 52 WEEKS. THE EMPLOYER WILL INCLUDE THE SEVERANCE PAY IN THE EMPLOYESS LAST PAY DAY.

4. Air Ticket
The employer will reimburse an economy class airway ticket from the point of origin to Seoul within 2 weeks of arrival. (Receipt must be shown) THE EMPLOYER SHALL PRE-PAY A SINGLE TICKET. When contract is successfully completed, the employer will provide for the ticket back to the point of origin.
In the event that the Employee continues employment under a subsequent employment agreement with the Employer, the return air ticket will be provided at the time of completion of the subsequent contract period(s).
If the employee willfully leaves the school before his/her contract is over, the school will not be responsible for the return ticket.
If the employee willfully leaves the school within 6 months from his/her arrival in Korea, the Employee shall reimburse the Employer the airfare paid at the time of arrival in Korea,

5. Housing
The Employer will provide CLEAN, furnished housing WITHIN WALKING DISTANCE OF THE SCHOOL (bed, closet, table, refrigerator, and kitchen tools TV, WASHING MACHINE, MICROWAVE, AIRCONDITIONER) for the employee with the rent at the Employer�s cost.
The employee will pay the running cost of the accommodation (including electricity, gas, water bills, apartment management fee, (HOW MUCH?) telephone and other utility charges) other than the rental of the housing.
The deposit is to cover unpaid monthly service, utility, and telephone charges, which will be billed within 2 months after the Employee�s contract period. THE EMPLOYEE WILL NOT NEED TO PAY A DEPOSIT ON THE APARTMENT AND WILL NOT PAY ANY MONEY OTHER THAN RENT AND UTILITIES.

6. Medical Insurance
The Employer agrees to provide medical insurance for the Employee. The premium cost will be borne half by the employer and half by the employee. Dental Insurance is not included in the Contract. Pre-existing conditions occurring with the Employee before arrival in Korea are not valid. WHAT PERCENTAGE OF SALARY FOR MEDICAL INSURANCE?

7. Accident Compensation
In the event that the Employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties, the Employee understands and agrees that the Employer will have no responsibility for, nor obligation to pay, medical and hospital costs which are in excess of those covered by medical insurance.

8. Punctuality
If you are late more than two times in one month, the administrations will issue you a warning and deduct 10,000 won from your next paycheck.
Receiving more than three warnings can be the cause of early termination.
If you forget to sign in for the day, it will be considered as an absence

9. Holidays/Sick days/Absence
Holidays will include all Korean national holidays (13-15 days), and school holidays (five days or more). The employee will have no more than ten days vacation. This will exclude Korean national holidays. For example, if the school vacation is eight days, the employee will have two extra vacation days. The Employee has to notify the Employer 4 weeks in advance that he/she will take a vacation. All these holidays are paid by the Employer. Ad-hoc holidays will be observed by the school according to the administrations discretion. THE EMPLOYEE SHALL RECEIVE 3 PAID SICK DAYS IN THE EVENT OF SICKNESS AND ABSENCE FROM SCHOOL.
Absence: non approved absence will be a cause for early termination. NOT CLEAR HOW MANY PAID HOLIDAYS THE EMPLOYEE IS GIVEN. THE EMPLOYEE SHALL RECEIVE 10 PERSONAL PAID HLOIDAYS IN ADDITION TO THE NATIONAL HOLIDAYS AND SCHOOL HOLIDAYS. THE EMPLOYER WILL NOT DEDUCT ANY MONEY FROM THE EMPLOYEES SALARY IF HE USES HIS PAID HOLIDAYS, NOR WILL THE EMPLOYEE HAVE TO WORK EXTRA HOURS ON ANOTHER DAY AFTER THE HOLIDAY HAS BEEN TAKEN.


10. The Employee�s Obligation
1) The Employee shall observe the Employer�s work system and regulations concerning administration of foreign teachers and shall accept the Employer�s arrangement, direction, supervision and evaluation in regard to his/her work.
2) Without the Employer�s consent, the Employee shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with the Employer.
3) The Employee shall complete the tasks agreed on schedule and guarantee the quality of work.
4) Professional dress and grooming in the work are essential to maintain the desired reputation to the school. The Employer shall establish general guidelines for this. WHAT IS THE DRESS CODE?
5) The Employee shall be expected to prepare daily topics for the class beforehand.
6) The Employee can be required to attend all the staff meetings and workshops. If the Employee must be absent, he/she will inform the Employer prior to the meeting.
7) The Employee must behave in a professional manner during class or when socializing with students after class.
The Employee can be required to interview new students and evaluate their placement level.
9) The Employee shall respect the Korean people�s moral standards and customs.
10) The Employee shall not sexually harass students in his/her charge.
11) Any form of physical punishment will not be tolerated from the Employee.
12) The employee will be asked to attend up to 5 Saturday events during the contract period such as new student orientation, teaching demonstration to prospective students and their parents, graduation etc.
13) The employee will participate as an English language instructor in any and all phases of the institute�s program to classes that range from the kindergarten to middle school. Such phrases include but are not limited to curriculum design and implementation, development of educational program and materials, out-of-class activities for/with students, grading and evaluation of students, student counseling or evaluation, and other related activities discussed with the Employer.

11. Taxes
Taxes and deductions in compliance with Korean Law shall be withheld automatically from the Employee�s monthly salary. The deductions will include income tax, residence tax, and medical insurance and so forth if any, from monthly and severance payment. HOW MUCH TAX DEDUCTED? 3.3%?

12. Relocation and Orientation Time
Computation of initial pay period of the Employee will commence from the first teaching day. The orientation days will accrue half salary payment and will be spent in the school preparing for classes and learning the instructional system.

13. Renewal of Agreement
Upon completion of one year teaching period, both parties can renew the agreement under mutual consent. The Employee agrees to give written notification 60 days in advance of intention of renewing the contract.


14. Termination
The Employer reserves the right to terminate this contract with the written notice to the Employee under the following conditions.
1) The Employee does not fulfill the contract obligations according to the terms stipulated, and fails to amend after the Employer has pointed it out.
2) According to the doctor�s diagnosis, the Employee can not continue normal work.
3) Blatant misconduct by the Employee either professionally or otherwise.
4) The Employee or dependents violate Korean Law.
5) The students in the Employee�s classes complain about the Employee and/or the Employee�s teaching method.
The Employer and the Employee may terminate the contract by giving 60 days advance notice in writing with proper reasons accepted by both parties. Proper reasons and adequate grounds must be provided in order for the contract to be dissolved. If the Employee wants to terminate the contract before the contracted date without acceptable cause, the Employee will pay back the Employer all the relevant expenses such as recruiting fee, airfare, E-2 visa run, and other costs spent by the Employer according to the contract as stipulated herein. IF THE EMPLOYER TERMINATES THE EMPLOYEES CONTRACT THEN THE EMPLOYEE DOEN NOT HAVE T OPAY BACK THE EMPLOYER ANY OF THE EXPENSES BORNE BY THE EMPLOYER SUCH AS RECRUITING FEE, AIRFARE, E-3 VISA RUN, AND OTHER COSTS INCURRED BY THE EMPLOYER.

Both parties have executed this agreement on the date indicated below to be effective right away. Intending to be legally bound to, and in witness of, the Employer and the Employee have appended their signatures.. This agreement will automatically expire when the contract ends if not renewed otherwise. THE EMPLOYERS RULES OF EMPLOYMENT AND THE SUMMARY OF KOREAN LABOR STANDARDS ACT ARE TO BE ATTACHED AT THE TIME THE CONTRACT IS ISSUED TO THE TEACHER.

This contract is signed in duplicate on the , 2006 in English for each party�s perusal and keeping.
This contract is binding on both parties and supercedes any other agreements made between the Employer and Employee unless they have written and signed a formal amendment on the same. THIS PART IS SUSPICIOUS AS THINGS MENTIONED BY THE DIRECTOR OVER THE PHONE TO ME MAY NOT HAVE BEEN TRUE AND IF I SIGN THIS IT WILL BE TOO LATE.


The Employer�s name ____________________________ Signature_________________________

The Employee�s name ____________________________Signature _________________________

*THIS CONTRACT SHOULD BE IN KOREAN AND IN ENGLISH.

I WOULD LIKE A 72-HOUR RELEASE CLAUSE IN THE EVENT THE EMPLOYER FAILS TO HONOUR THE CONTRACT FROM THE BEGINNING.

[CBP]

The experts will jump in here soon, but permit me to say this much: Have you worked in Korea before? Your eight years of experience ought to land you a better contract than that. You should not have to pay rent. Only utilities, although many schools pay for that, too. The OT sounds low. Did I overlook the pension? There should be a pension plan in place. Anyway, I just signed a contract myself. I'm new at this. I'll leave it at that.

Cheers!

[CBP]

P.S. You mention an E-3 visa. Isn't it an E-2 visa? Or do I need to do more visa research? And ... orientation days at half-salary? Are those days just prior to the start dates specified by the contract? Don't work outside of the contract dates. And if those orientation dates fall within the contract dates, then they're full pay. Right?

[i_teach_esl]

perhaps post here for more feedback:
http://www.eslcafe.com/forums/korea/viewtopic.php?t=59265&highlight=

[alabamaman]

Employment Agreement For Instructor

"Labor Contract"

This Employment Agreement has been made by and between Herald School Jungrang at Shinnae dong (hereinafter called Employer) and , a citizen of whose passport number is (hereinafter called Employee).

Date the contract was made/entered on, your address, and the employer's address.

The contract term is "from _______ until ________ for a period no longer than one year in accordance with Korean Labor Laws." The employee agrees to work under the terms and conditions of this labor contract. Furthermore, the employee will work as well as participate in any work related activities for the employer when the employee has been issued an E2 Visa by Korean Immigration Officials.

1. Schedule

The number of regular teaching hours will be 120 working hours per month Monday through Friday. Class preparation time is not included in above 120 working hours. Classes and teaching schedules will be organized and will be flexible in accordance with the needs and situations of the school and children. No regular schedule of work hours can be guaranteed to the Employee.

Working hours should be defined
Recess period "Article 53 of the Labor Standards Act"
Length of classes should be defined
Preparation hours not included in your monthly salary isn't acceptable!


2. Salary/Overtime
The Employer agrees to pay the Employee a basic salary of 2,100,000 Korean Won per month. The salary will be paid to the Employee on the 10th of the next month regularly. As for the overtime teaching beyond 120 working hours per month, the Employee will be paid fifteen thousand Korean won (\15,000) per hour. (18,000)

Date of pay: No later than the 5th
Overtime: 23,000 Korean Won per hour
In my opinion, it wouldn't hurt to have contractual language stating the length of overtime hours.

3. Severance Payment

The Employee will be given a bonus of one months pay in the amount of 2,100,000 Korean Won for completing the one year contract period. This will be paid on the last working day of the contract term. However, the employee will not be entitled to severance payment due to voluntary resignation or dismissal for justifiable reason(s).


4. Air Ticket
The employer will reimburse an economy class airway ticket from the point of origin to Seoul within 2 weeks of arrival. (Receipt must be shown)

Employer should always pre-pay for the ticket before you depart to Korea.

THE EMPLOYER SHALL PRE-PAY A SINGLE TICKET. When contract is successfully completed, the employer will provide for the ticket back to the point of origin.

In the event that the Employee continues employment under a subsequent employment agreement with the Employer, the return air ticket will be provided at the time of completion of the subsequent contract period(s).

If the employee willfully leaves the school before his/her contract is over, the school will not be responsible for the return ticket. If the employee willfully leaves the school within 6 months from his/her arrival in Korea, the Employee shall reimburse the Employer the airfare paid at the time of arrival in Korea,

5. Housing

The Employer will provide CLEAN, furnished housing WITHIN WALKING DISTANCE OF THE SCHOOL (bed, closet, table, refrigerator, and kitchen tools TV, WASHING MACHINE, MICROWAVE, AIRCONDITIONER) for the employee with the rent at the Employer�s cost. The employee will pay the running cost of the accommodation (including electricity, gas, water bills, apartment management fee, (HOW MUCH?) telephone and other utility charges) other than the rental of the housing.

Apartment management fee Omit....

"The employee will pay for electricity, gas, water bills, telephone, cable television, and internet service."

The deposit is to cover unpaid monthly service, utility, and telephone charges, which will be billed within 2 months after the Employee�s contract period. THE EMPLOYEE WILL NOT NEED TO PAY A DEPOSIT ON THE APARTMENT AND WILL NOT PAY ANY MONEY OTHER THAN RENT AND UTILITIES.

The employer cannot enter into a labor contract a penalty for preditermined nonobservanced of the said labor contract. Housing deposits = Penalty clauses! Penalty clauses should be removed.

6. Medical Insurance
The Employer agrees to provide medical insurance for the Employee. The premium cost will be borne half by the employer and half by the employee. Dental Insurance is not included in the Contract. Pre-existing conditions occurring with the Employee before arrival in Korea are not valid. WHAT PERCENTAGE OF SALARY FOR MEDICAL INSURANCE?

2.24 % of your monthly salary

7. Accident Compensation

In the event that the Employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties, the Employee understands and agrees that the Employer will have no responsibility for, nor obligation to pay, medical and hospital costs which are in excess of those covered by medical insurance.

8. Punctuality

If you are late more than two times in one month, the administrations will issue you a warning and deduct 10,000 won from your next paycheck.
Receiving more than three warnings can be the cause of early termination.
If you forget to sign in for the day, it will be considered as an absence.

10,000 Won deduction = Penalty

9. Holidays/Sick days/Absence

Holidays will include all Korean national holidays (13-15 days), and school holidays (five days or more). The employee will have no more than ten days vacation. This will exclude Korean national holidays. For example, if the school vacation is eight days, the employee will have two extra vacation days. The Employee has to notify the Employer 4 weeks in advance that he/she will take a vacation. All these holidays are paid by the Employer. Ad-hoc holidays will be observed by the school according to the administrations discretion. THE EMPLOYEE SHALL RECEIVE 3 PAID SICK DAYS IN THE EVENT OF SICKNESS AND ABSENCE FROM SCHOOL.
Absence: non approved absence will be a cause for early termination. NOT CLEAR HOW MANY PAID HOLIDAYS THE EMPLOYEE IS GIVEN. THE EMPLOYEE SHALL RECEIVE 10 DAYS OF PAID LEAVE IN ADDITION TO THE NATIONAL HOLIDAYS AND SCHOOL HOLIDAYS. THE EMPLOYER WILL NOT DEDUCT ANY MONEY FROM THE EMPLOYEES SALARY IF HE USES HIS PAID HOLIDAYS, NOR WILL THE EMPLOYEE HAVE TO WORK EXTRA HOURS ON ANOTHER DAY AFTER THE HOLIDAY HAS BEEN TAKEN.

Omit "Abscence: non approved abscence will be a cause for early termination."


10. The Employee�s Obligation
1) The Employee shall observe the Employer�s work system and regulations concerning administration of foreign teachers and shall accept the Employer�s arrangement, direction, supervision and evaluation in regard to his/her work.
2) Without the Employer�s consent and authorization from Korean Immigration Officials, the Employee shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with the Employer.

3) The Employee shall complete the tasks agreed on schedule and guarantee the quality of work.

4) Professional dress and grooming in the work are essential to maintain the desired reputation to the school. The Employer shall establish general guidelines for this.

General guidelines should be defined in the labor contract!

5) The Employee shall be expected to prepare daily topics for the class beforehand.

6) The Employee can be required to attend all the staff meetings and workshops.

1 workshop per month

If the Employee must be absent, he/she will inform the Employer prior to the meeting

7) The Employee must behave in a professional manner during class or when socializing with students after class.

The Employee can be required to interview new students and evaluate their placement level.

9) The Employee shall respect the Korean people�s moral standards and customs.



10) The Employee shall not sexually harass students in his/her charge.

11) Any form of physical punishment will not be tolerated from the Employee.

"Any form of physical punishment is not tolerated by any employee at the school. "

12) The employee will be asked to attend up to 5 Saturday events during the contract period such as new student orientation, teaching demonstration to prospective students and their parents, graduation etc.



13) The employee will participate as an English language instructor in any and all phases of the institute�s program to classes that range from the kindergarten to middle school. Such phrases include but are not limited to curriculum design and implementation, development of educational program and materials, out-of-class activities for/with students, grading and evaluation of students, student counseling or evaluation, and other related activities discussed with the Employer.

11. Taxes

Taxes and deductions in compliance with Korean Law shall be withheld automatically from the Employee�s monthly salary. The deductions will include income tax, residence tax, and medical insurance and so forth if any, from monthly and severance payment.

Taxes and deductions in compliance with Korean Law shall be withheld automatically from the Employee�s monthly salary. The deductions will include income tax, residence tax, medical insurance, and the Korean Pensions Fund.

a. Medical Insurance: Korean National Healthcare Plan

The employer will deduct 2.24% from the employee's monthly salary in the amount of _________________ Korean Won throughout contract period.

Furthermore, The sum of 3 month contributions in the amount of ____________ of Korean Won will be prepaid monthly by the employer.

The employer will pay deductions and contributions to the National Health Insurance Corporation throughout the contract period.

b. Income taxes / Residence taxes

The employer will deduct _____________ Korean Won from the employee's monthly salary for income taxes as well as residence taxes throughout the contract period. Furthermore, the employer will pay the said deductions to the District Tax Office concerned.

c. Korean Pension Fund

The employer will deduct 4.5% from the teacher's monthly salary in the amount of __________ Korean Won to pay into the Korean National Pension Plan throughout the contract period.

Refund of the National Pension to a teacher who becomes a compulsorily insured Teacher, where the Pension Act of the Teacher's home country provides the benefit corresponding to the lump-sum refund of the National Pension Plan, the lump-sum refund of this plan shall be paid to the foreigner, according to Korean Law.

Income taxes x 10% = residence taxes

12. Relocation and Orientation Time

Computation of initial pay period of the Employee will commence from the first teaching day. The orientation days will accrue half salary payment and will be spent in the school preparing for classes and learning the instructional system.

.commence when the employee has been issued an E2 Visa from Korean Immigration Officials."



13. Renewal of Agreement
Upon completion of one year teaching period, both parties can renew the agreement under mutual consent. The Employee agrees to give written notification 60 days in advance of intention of renewing the contract.


14. Termination
The Employer reserves the right to terminate this contract with the written notice to the Employee under the following conditions.
1) The Employee does not fulfill the contract obligations according to the terms stipulated, and fails to amend after the Employer has pointed it out
2) According to the doctor�s diagnosis, the Employee can not continue normal work.
3) Blatant misconduct by the Employee either professionally or otherwise.
4) The Employee or dependents violate Korean Law.
5) The students in the Employee�s classes complain about the Employee and/or the Employee�s teaching method.
The Employer and the Employee may terminate the contract by giving 60 days advance notice in writing with proper reasons accepted by both parties. Proper reasons and adequate grounds must be provided in order for the contract to be dissolved. If the Employee wants to terminate the contract before the contracted date without acceptable cause, the Employee will pay back the Employer all the relevant expenses such as recruiting fee, airfare, E-2 visa run, and other costs spent by the Employer according to the contract as stipulated herein. IF THE EMPLOYER TERMINATES THE EMPLOYEES CONTRACT THEN THE EMPLOYEE DOEN NOT HAVE T OPAY BACK THE EMPLOYER ANY OF THE EXPENSES BORNE BY THE EMPLOYER SUCH AS RECRUITING FEE, AIRFARE, E-3 VISA RUN, AND OTHER COSTS INCURRED BY THE EMPLOYER.

Both parties have executed this agreement on the date indicated below to be effective right away. Intending to be legally bound to, and in witness of, the Employer and the Employee have appended their signatures.. This agreement will automatically expire when the contract ends if not renewed otherwise. THE EMPLOYERS RULES OF EMPLOYMENT AND THE SUMMARY OF KOREAN LABOR STANDARDS ACT ARE TO BE ATTACHED AT THE TIME THE CONTRACT IS ISSUED TO THE TEACHER.

This contract is signed in duplicate on the , 2006 in English for each party�s perusal and keeping.
This contract is binding on both parties and supercedes any other agreements made between the Employer and Employee unless they have written and signed a formal amendment on the same. THIS PART IS SUSPICIOUS AS THINGS MENTIONED BY THE DIRECTOR OVER THE PHONE TO ME MAY NOT HAVE BEEN TRUE AND IF I SIGN THIS IT WILL BE TOO LATE.


The Employer�s name ____________________________ Signature_________________________

The Employee�s name ____________________________Signature _________________________

*THIS CONTRACT SHOULD BE IN KOREAN AND IN ENGLISH.

I WOULD LIKE A 72-HOUR RELEASE CLAUSE IN THE EVENT THE EMPLOYER FAILS TO HONOUR THE CONTRACT FROM THE BEGINNING.[/quote]

[PRagic]

There's a thread for contracts. Blah.