Korean Job Discussion Forums

[oldfatfarang]

My boss and I have calmed down and are negotiating again.
He has offered 2.1 mil (cash in hand) for 28 hours a week , (M-F). I can live with that.

Can someone please
a) check the wording on these clauses for legality.
b) Advise the daily cash I will be paid for this contract. I am unsure how to work this out (28 hours - 2.100,000).
The CAPITAL LETTERS are the changed words/conditions from last year.
NB: I don't get or pay for Medical Insurance or Pension. I'm not interested in them although I know they are required by law. I'm not North American so pension is of no use.
Any help would be appreciated. Thanks.


2) Payment
The Employer agrees to pay the Employee the amount of 2.100,000 won (2 million 100 thousand won) AFTER ALL TAXES, PENSION, HEALTH INSURANCE DEDUCTIONS per month for twelve (12) months.

The Employee will be given an additional one/twelth of annual salary (2.100,000 won) for completing the contract period.
The pay period begins on the first day and ends on the last day of each month. The monthly salary is payable on the LAST WORKING DAY of the month FOR EACH PAY PERIOD.

Severance Payment
b) Upon completion of this one-year contract, the teacher will receive one additional basic salary of 2.100,000 won (2 million 100 thousand won) as a severance payment in accordance with Korean Labor Laws. Employee will have ALREADY PAID ALL INCOME TAX, PENSION, AND MEDICAL INSURANCE DEDUCTIONS from this payment.

This SEVERANCE payment will be made at the time of completion of the contract period. ??? SAYS THE SAME AS NEXT SENTENCE??????? ???
This additional severance payment is to be paid along with the final month's pay at the time of completion of the contract period (28.12.06).

CONTRACT FINAL PAY:
The final month's pay (2.100,000 won), return airfare, and severance payment (2.100,000 won) will be paid either on:
a) the final working day (28.12.2007) minus any untaken paid annual vacation & national holidays, or
b) 5 working days before the last working day of the contract period (21.12.07).

Untaken paid annual vacation days are to be paid at ????? won per day and are to be paid with the final contract pay, severance and airfare payments on 21.12.2007.

AIRFARE
After completion of the one-year contract, the School will provide the teacher with a fully refundable economy class air ticket (or cash equivalent). THIS AIRFARE PAYMENT IS TO BE THE CASH EQUIVALENT FOR A NORMAL FLIGHT AND NOT FOR A PACKAGE TOUR FLIGHT.

5) MEDICAL INSURANCE
The Employer agrees to provide medical insurance for the Employee through group membership. ?????????? The Employer further agrees to pay fifty (50) percent of the monthly premium. The Employee is responsible for the other fifty (50) percent, and the Employee's portion of the monthly premium is made through DEDUCTION BEFORE THE MONTHLY SALARY OF 2.100,000 won is paid.

[alabamaman]

Korean Labor Standards Act

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

Paid sick days

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

Work Schedule

What are the working hours throughout the contract period?
What days of the week will you work? (Monday through Friday)
What's the definition of a class to be worked?
How many classes will you work per month? (120)
How many classes will you work per week? (30)
How long is each class? (Most classes are between 40 � 50 minutes)

Block Shifts: 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.


Is there contractual language stating your employer will allow you a recess period?

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.

Annual leave/Holidays

Your labor contract should have 10 days of annual leave written in it. A majority of employees take 5 consecutive days of annual leave in the summer and five consecutive days in the winter. There are some schools that count weekend days as annual leave days. You should ask for this to be changed because you take annual leave days on working days. You�re entitled to all Korean National Holidays. Workers are paid on all Korean National Holidays, and no pay deductions occur on these days!

Penalty clauses

Penalty clauses (Housing deposits) should be removed from your contract.

Article 27 (Prohibition of Predetermination of Nonobservance)

An employer shall not enter into any contract by which a penalty or indemnity for possible damages incurred from nonobservance of a labor contract is predetermined.

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. There are allot of employers who pay on the 10th of the following month. You should ask to be paid on the last working day of every month throughout the contract period, but settle for later than the 5th of the following month. If you're making 2,000,000 Won per month, then you should be making 20,000 Korean Won per overtime class.

Food for thought:

*What are the length of overtime classes? (Same as regular classes)
*When can you work overtime classes?
*What's the definition of an overtime class to be worked?
*Both parties must mutually agree before overtime classes are worked!
*You can decline employer's request to work overtime classes!


Severance bonus

You�re entitled to severance pay in the amount of your monthly salary on the last working day of the contract period.

Airfare

Employers should purchase a roundtrip ticket prior to departure. Employers may ask you to reimburse them for the total cost of the airfare for dismissal, or resignation any time throughout the contract period. Airfare reimbursements should be waived after 6 months of employment have been completed.

Emergency leave

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

Dress code

Ask for one to be written in your labor contract.

Duties

a. Instruction in and all phases of the Institute�s program to classes.

b. Out of classroom activities for /with students.

Is this clause referring to activities with students off property? If it is, then it should be written in the labor contract. What kind of activities will you be doing with the kids, when, and how many times per month? If you work events outside your established working hours, then you should also be paid overtime. That should also be written in this clause!

c. Grading and evaluation of students.

In my opinion, teachers shouldn't do report cards in Korea. This is just my opinion though. If you give a poor mark to a student, the parent will not see it because the Korean Teachers/Hogwon owners will "polish them up."

Evaluations should be clearly defined! What are you writing about in the evaluation regarding the students? When are they do (I would suggest the 5th of every month)? Who do you submit them to? Who do you write evaluations for?

d. Students counseling or evaluation.

Due to the language barrier, you probably should omit student counseling. It would be in your best interest to let the Korean Teachers handle "student counseling."

Evaluation has allready been covered in the previous clause, so it would make sense to omit clause (d)!

e. Monthly phone test for kindergarten students

Any test you give to a student should be at the school!

f. Attendance at teacher�s meetings and workshops.

1 workshop per month
Attendance at teachers meetings during the established working hours

g. Other related activities.

All activities should be defined in your labor contract!

Health Insurance

Korean National Healthcare Plan

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

http://www.nhic.or.kr/wbe/nation/nation033.html

The clause below is a good example of a health insurance clause.

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 shall be prepaid every month by the employer to be paid to the National Health Insurance Corporation.

The employer will enroll the employee in the Korean National Healthcare Plan within 5 working days upon arrival in Korea.

This clause should be detailed in the event there is a contractual dispute!

Income Taxes

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

*Go to check my monthly withholding tax

The clause below is a good example of an income tax clause because it's detailed. Furthermore, an income tax clause needs to be detailed in the event of a contractual dispute with your employer.

The employer shall deduct __________ Korean Won from the employee�s monthly salary throughout the contract period, and pay deductions to the District Tax Office concerned.

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 Pension 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)?

This clause should be detailed in the event there is a contractual dispute!

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

Accommodation

Your employer should provide you with the following below:

Rent (Most teachers prefer a one bedroom apartment!)
Shower
Bed
Desk
Closet
Table
TV
Washing machine
Clothes rack
Pots
Pans
Dishes
Eating utensils
Phone
Refrigerator
Stove
Air conditioner
Heating system

You're not responsible for the previous occupant's unpaid bills.

Contract length

Contracts are generally for one year. For your protection, insist that you have contractual language stating, "The employee shall work for the employer when the employee has been issued an E2 Visa from Korean Immigration Officials." Employers pressure their employees into working without an E2 Visa which is illegal. Korean Immigration Officials will deport you if you're caught teaching without an E2 Visa.

Termination Clause

A majority of contracts, if not all, omit contractual language pursuant to Article 26 of the Labor Standards Act. Article 26 of the LSA makes it legal under Korean Labor Laws to terminate your contract if your employer violates the conditions of employment. This is contractual language that's important to have in your labor contract, because there are owners that violate labor laws at your expense.

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 contracts use such contractual language as, "The employee may annul the contract if the employer doesn't complete the terms of the contract."

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.

Justifiable reason(s): Gross negligence, serious violations, violating Korean Laws!

(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.

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.

(2) In the case of paragraph (1), an employer shall make every effort to avoid dismissal of workers and shall select workers to be dismissed by establishing rational and fair standards of dismissal. In such cases, there shall be no discrimination on the ground of gender.

(3) With regard to the possible methods for avoiding dismissal and the criteria for dismissal as referred to in paragraph (2), an employer shall give a notice 60 days prior to dismissal day to a trade union which is formed by the consent of the majority of all workers in the business or workplace concerned(or to a person representing the majority of all workers if such trade union does not exist, hereinafter referred to as a �workers� representative�) and have sincere consultation.

(4) When an employer intends to dismiss more than a certain number of workers which is defined by the Presidential Decree under the conditions as referred to in paragraph (1), he/she shall report it to the Minister of Labor as determined by the Presidential Decree.

(5) In cases where an employer has dismissed workers in accordance with the requirements as stipulated in paragraphs (1) to (3), it shall be deemed that the dismissal concerned is made based on the justifiable reasons in accordance with paragraph (1) of Article 30. <This Article Wholly Amended by Act No. 5510, Feb. 20, 1998>

Article 31-2 (Preferential Re-employment, etc.)

(1) When an employer who dismissed workers under Article 31

intends to recruit workers within 2 years from the day of dismissal, he/she shall make efforts to rehire workers dismissed under Article 31 if such workers desire, taking into account of the previous position, etc., of such workers.

(2) The government shall place the first priority in order to take measures such as securing livelihood, reemployment and vocational training, etc., for workers dismissed under Article 31.

Article 35 (Exception of Advance Notice of Dismissal)

The provisions of Article 32 shall not apply to workers who fall within each of the following subparagraphs:
1. a worker who has been employed on a daily basis for less than three consecutive months;
2. a worker who has been employed for a fixed period not exceeding two months;
3. a worker who has been employed as a monthly-paid worker for less than six months ;
4. a worker who has been employed for seasonal work for a fixed period not exceeding six months; and
5. a worker in a probationary period

[oldfatfarang]

Thank you Alabamaman. I studied 3rd year Law at Uni so can see where you are coming from. I'm happy with my current contract and have put a few of your additions in.
Can anyone comment on my CAPITALISED WORDING in my original post. Thanks.