Korean Job Discussion Forums

[Satin]

I think this contract needs quite a bit of work and need your help!

EMPLOYMENT CONTRACT


Employer: xxxxxx (hereafter called �A�)
Employee: (hereafter called �B�)


Status and Responsibility of "B�

�B� shall be hired as a full time instructor by �A�.
�B� shall be responsible for teaching English and any other works required by A.

Period of contract
The period of contract shall be from to .
This contract can be renewed within 75 days of expiration date if there is mutual consent from both sides. If there is no mutual consent, this contract shall be annulled from the expiration date.
If "B" wishes to resign from "A" prior to the expiration date, "B" must receive written permission at least 60 days before resignation.
If �B� doesn�t keep the above policy, �B� shall compensate two month salary to �A� for the financial damage due to refund of tuition. When �B� resigns before the expiration of contract for any reason, �B� should return one way airfair which have already paid by �A�.
3. Airfares

"A� shall reimburse "B" with the cost of an economic class, direct route, one way airfare (maximum US$ 600). After �B� arrives in Korea, �A� shall pay �B� in Korean Won at the current exchange rate up to that amount. If only if "B" complete the above mentioned contract period, "A" shall reimburse "B" one way airfare (maximum US$ 600) again. (So up to $1200 USD shall be compensated toward a round-trip ticket)

As mentioned in 2, in the event that the �B� has to leave the �A� or seek a release from this contract for any reson before the contract expires, �B� shall be liable for reimbursing to the �A� the air fare that the �A� has paid for the �B�.


Working conditions and duties

The working conditions of �B� at �A� are as follows.

�B� shall teach 30 classes every week. Each class is made of 45-50 minute class.
If �B� has less than 30 classes, "B" shall be required to do
other works such as educating Korean teachers, parents and etc.

2) Working schedule (including teaching hours and meal time)
Mon. � Fri : 14:00 � 22:00

During students' summer or winter vacations:
Mon-Fri: 9:00 � 18:00

If �B� misses a class for any reason, �B� shall be required to
teach a makeup class on a day, including possible off days or holidays, designated by �A�.

"B" shall also be responsible for helping in the development of
curriculum, researching texts, workbooks and software.

�B� shall submit �A� monthly teaching plan and weekly lecture notes.

�B� shall be required to teach a demonstration lecture.

�B� shall submit student report cards to �A� every week.

�B� may be required to correspond with their student via e-mail. This shall include answering questions and grading their reports.

9) If needed, "A" can request "B" to work overtime. This shall be compensated at a rate of 20,000 won per hour and �B� shall be paid in Korean Won on the first day of next month with their regular salary.

10) �B� shall attend school events without payment in regardless of holiday or Sunday. This will occur less than 5 times a year. Not good
11) �B� shall respect �A�s dress code while in the classroom and must obtain permission from �A� to wear clothing, jewelry, or other items that are not considered appropriate for a professional environment in Korea. (for example well-worn Jeans, old T-shirts, sandals, cap, hat and shorts are not acceptable.)
12) �B� shall attend staff meetings and other staff enrichment workshops that may be provided by �A�.
13) The students shall not be disciplined through physical punishment of any kind.
14) The privacy of students shall be respected and other inappropriate behavior towards students, such as sexual harassment, is grounds for disciplinary action and may result in criminal prosecution. If �B� exhibits such as behavior, �B� shall compensate all of cost incurred.
�B� agrees not to engage in teaching activity or working activity that has not been
sanctioned by �A� or that is not in accordance with Korean law governing visas.
If �A� knows that �B� works or teaches in another place than �A�, �A� shall have a duty to report the Korean Immigration office. In case, B shall have to leave Korea in a time required by Korean law because �B� violates Korean Immigration law.
This contract shall be terminated without notice and without compensation if "B" takes on extra employment which is unauthorized by "A".
16) This contract shall be terminated without notice and without compensation if either �A� or "B" knowingly breaks any Korean law.
17) "B" shall assist "A"s business such as English composition, proof reading and calling to US or other countries.
1 If necessary, "A" will monitor each class with notice or without
Notice. .
19) The PTA meeting or the interview of students shall not be considered as working hours.
20) �B� will access internet for class only, not for private purpose during working hour. �B� shall not play the game during working hour.

Salary

1) �B� shall be paid million Won per month. Salary shall be paid on the first day of next month or the day of previous to that if it falls on a holiday or Sunday. and if �A� and �B� make a re-contract, above mentioned salary items shall be the same with former contract. And in the case of re-contract, �B� can re-negotiate with �A� about salary.
2) Severance bonus: If the �B� fully honors his/her contract, he/she will receive one month bonus at the end of each one year contract
3) Incentive bonus: The first day of the 4th, 7th and 10th month during contract and the day after the expiration of contract , �A� shall pay �B� different incentive bonus, based on �B� �s performance during past three months.
�B� �s performance shall be determined by �A� �s evaluation of �B�.
If �B� gets an excellent evaluation each quarter, �B� shall be paid 1.5 million Won..
. If �B� gets an above average evaluation each quarter, �B� shall be paid 0.9 million Won..
If �B� gets an average evaluation each quarter, �B� shall be paid 0.6 million Won.
If �B� gets a below average evaluation each quarter, �B� shall be paid 0.3 million Won.
In case of poor evaluation each quarter, there is no incentive bonus.


Work Evaluation

Teaching Evaluation

According to 5) of article 4, �B� shall submit teaching plan and reports of students note to �A�.
Without previous notice, �A� and stakeholders of �A� can attend the classes to evaluate teaching contents and methods of �B�. If there is some suggestion on teaching contents or teaching methods of �B�, �B� shall be required to reflect �A� �s suggestion.

Working Attitude Evaluation

(1) "B" is expected to conduct herself in a professional matter. This includes being on time for class, enthusiastic in class, kind to the students, available to answer students' questions in person or by e-mail, etc. As well, "B" agrees not to drink any alcoholic beverages before or during teaching hours.


(2) Penalty
(�A� will notify �B� of all warnings by written statement.)

Warning � One Time: absence without notice and neglect of duty except for sick leave or emergency.

Being late three times shall be recorded as an absence of one time.

Three accumulated warnings : mandatory dismissal ⇒ From the day �B� is warned due to a three time warning, the contract shall be annulled automatically and �A� shall forfeit severance bonus. Salary shall be given to �B� for only working days of the month before the day he or she is warned due to three time warning.

Vacations

Total 20 days vacations
►10 days paid vacation in summer and 10 days paid vacation in winter at times decided by A.

"B" shall receive all Korean national holidays, except the following cases. When �B� has a national holiday during summer and winter intensive or Lunar New Year Holiday, "B" shall give make up class on the other days. In this case, �A� shall not pay overtime pay to �B.�

(According to Korean labor law, employees should work 44 hours per week ( 6 day-work) and have one holiday every month as well as Sunday and national holidays. If he or she have not the holiday, he or she should be paid due to working on the day. But our employees will work 40 hours per week (5 day-work) and he or she cannot have benefit by Korean labor law.)

Sick Leave

"B" is entitled to up 5 days of paid sick leave if they have proper medical documents.
For a maximum of 5 days, salary shall be given (except holidays) but after that days, 130,000 Won per day shall be deducted from salary of �B�.
In the event of prolonged inability to attend classes due to sickness (i.e. more than 2 weeks), "B" will be paid by the period what �B� have taught, after which time "B"s classes will be reallocated.
If "B" is unable to take up teaching duties after one month of absence, "B" will be given one month's notice of termination.

Emergency Leave

In the case of death of an immediate family member (parents, brother, sister, son, daughter), "B" is entitled to 5 days of paid emergency leave. After that days, salary shall be deducted 130,000 Won per day.
�B� must provid authorized proof of emergency situation.

10. Housing and Welfare

500,000 Won shall be deducted from "B"s first and second month salary in a row as a security deposit, for housing, maintenance fee, utility fee, telephone bill, cable fee, internet fee and other costs taken by the school(since, generally speaking, foreigners are prohibited from doing most of these just by themselves, and need a sponsor).

Deposit Regulation: �B� shall maintain the same condition of house and household furnishings from �B� check in until check out. When check in, �A� and �B� make together check list by mutual consent. When check out, according to the check list, �A� shall check the condition of house and household articles. If there are some damages , repairing charges shall be deducted from deposit, and if the charges exceed the deposit, they shall be deducted from last salary of �B�

Other expenses: Except for natural disaster, if carelessness and mistake of
�B� causes damages (such as at the school), �B� shall pay the charges.

4) "A" shall provide "B" with basic household furnishings: refrigerator, gas range, bed, chair, desk, table and TV.


Utility fee: �B� shall pay utility fee related to housing including telephone fee ( In case of private long-distance call in office, �B� shall pay the fee.) , electric charges, gas charges etc.


5) If �B� doesn�t want to have a furnished housing above-mentioned, �B� will be given 500,000 won as a housing allowance. In case, from 1) to 4) will not be applied.

6) Tax

"B" shall pay income tax at the rate specified by current Korean law, and in accordance with tax agreements existing between Korea and the "B"s native country at the time of this contract. This tax will be deducted from "B"s monthly salary, and will be paid on the Tax Office by "A".

7) Code of conduct
�B� Agrees not to partake in following activities since they may damage the reputation of the school:
conducting class while under the influence of alcohol, smoking, of under the influence of illegal drugs.
Make sexual advances towards, or enter into relationships with students or employees of the school.
Sexually harass any employees, any other teachers, or students of the institute; sexual harassment at work is strictly prohibited in accordance with recent Korean law.
Conducting any business of accepting any funds on the behalf of the institute without prior permission from the institute.
Borrowing or lending of funds to students or conducting any sales of items to students
Any damages that are caused by the direct result of instructor�s negligence, either at the institute or residence, will be paid for such costs by the instructor, furthermore, the instructor will be held liable under Korea law.
If instructor seeks release from the contract for cultural difference, homesickness or personal problems, he/she will receive only 70% of the agreed upon salary for the time remaining in Korea. Additionally, the instructor agrees to work until a replacement instructor is positioned.
If instructor fails to conduct himself/ herself in a professional manner, resulting in damage the image of the school, the institute has the right to terminate this contract, but must provide at least one week notice to the instructor. And, if the institute violates the contract, the instructor also has the right to terminate the agreement, but a three-week notice must be provided as well. First of all, the most important thing two parties should remember is that if something unpleasant happens, we�d better talk and understand each other.

Medical, Accident Insurance

�A� will pay 50% of Medical and Accident insurance rate
and �B� will pay the other 50%. Either a private insurance provider can be chosen, or �B� can choose to enroll in the National Insurance Plan.


9) Others

① �B� shall follow �A�s opinion if any situation other than that of provision occurs.

② "B" is expected to be punctual and reliable and to conduct herself / himself in a manner that will not be liable to damage the image or reputation of "A" and the position held by her/him and will comply with the rules and regulations of "A", as made available by them. Failure to comply with these provisions may result in the termination of this contract.

③ "B" shall be subject to observe the same laws as Koreans and therefore both parties agree to follow Korean labor laws. Any event not described in this contract shall be resolved in accordance with Korean labor law standards and related regulations, or by mutual consent of both parties.

④ �B� shall follow �A�s interpretation in accordance with Korean law �B� has any question about the contract; Korean Labor Law always has precedence over this contract.


⑤ �A� and �B� shall sign this contract in English or Korea and each party keeps a copy.
















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PAGE 9

[Peter Jackson]

I can't believe people still put out contracts like this! PLEASE don't sign this piece of garbage...run away. Let the screwball hagwons die!!

[laogaiguk]

Do not sign it.

[Satin]

Yeah - it tied a knot in my stomach within the first page! The pay was excellent (2.5), but after all the deductions, extra work (with no pay), etc., a person would be lucky to clear 1.9 let alone have time to enjoy Korea.
This was one of those "international" school advertisements; when in reality it is a hakwan.

I will keep looking. Thanks!

[xtchr]

There's nothing 'iffy' about it - it's 100% pure crap.
FLEE far far away from a person who would give you that.

[poet13]

HOLY GAWD!!!! Are there people actually working there on that contract????
Give it back to the person who gave it to you.
Laugh. Force yourself if you have to.
Walk away.

[alabamaman]

I think I've seen this contract a couple of times. OP, this contract is grotesque! Run for the hills like you never have before! The clause about educating Korean Teachers and parents ranks as one of the stupidest I've ever seen.

In the case of death of an immediate family member (parents, brother, sister, son, daughter), "B" is entitled to 5 days of paid emergency leave. After that days, salary shall be deducted 130,000 Won per day. �B� must provid authorized proof of emergency situation.

10. Housing and Welfare

500,000 Won shall be deducted from "B"s first and second month salary in a row as a security deposit, for housing, maintenance fee, utility fee, telephone bill, cable fee, internet fee and other costs taken by the school(since, generally speaking, foreigners are prohibited from doing most of these just by themselves, and need a .