Korean Job Discussion Forums

[goat]

CentralCali did a good job going over the first contract. Expect to have problems with some of the issues that have been pointed to in the contract and some problems outside of the contract.

You have been given helpful knowledge.

[CentralCali]

Thanks, goat!

Now, to the other one!

[clairemarie93]

Apologies that I didn't post this in the contract forum, I'm having trouble finding it - would it be possible for someone to post the link to it?
CentralCali thank you so much for the detail, was really helpful even just so I can be more aware of what to look for in other contracts..
I managed to get into contact with a past teacher of that ECC school in Daegu and she did not have a good experience there at all and said it's a no go! I'm also most likely not going to go for the Paju school because I feel it's not what I'm looking for.. so the search goes on I guess!
Thanks again

[wonkavite62]

Well, I am also going to thank CentralCali for his brilliant legal analysis. There is a lot of information in that analysis for you to dissect. I have to thank CentralCali, too because he also gave me food for thought.
One or two points: you were pleased to get a Skype call from another Irish person, who is at the Paju school now. On the face of it, that is a very positive indication, and something I look for when I am applying for jobs.
But you are right to be suspicious if there are issues in the contract. My guess is that when you got the call from the Irish guy he just glossed over the negative details because he was in the office and the director was listening. Hence you don't know what it is like to work there. Am I right? You want to know what it is actually like to work there, what it feels like to work those hours. Next time, you want to get a teacher's personal e-mail, and send questions. If it's a Skype call, you need to ask if Korean work colleagues are listening, and try to speak privately.
You can ask questions like: What are the good and bad points of this job? What's the worst aspect of the job? What do you enjoy about your work? Are the kids manageable? How many western teachers do you know who are on their second contract at this school? (If people are staying it can't be all bad). What resources does the school have to help you? How much time per day do teachers spend on lesson planning and preparing materials? Is there more than the bare textbook? Do you make all the resources by hand? Do teachers get vacations? Is it 9 a.m.-6 p.m. Monday to Friday as planned? Or do they make you do extra stuff? Do people ever have to work on Saturdays? You could have asked the Paju school this question: What do you do at the weekends? How long does it take to get to Seoul? If you want to go to Seoul on Friday evening after work how convenient is it to reach Seoul that same evening? I put that question in because if I was going to Paju I'd want to meet my friends in Seoul on Fridays. I have lots of friends there.
Think about this. You can ask schools questions about resources, overtime, and so on. You can also ask whether teachers stay on a second year. And getting feedback from a westerner at the school is often positive. But you need to make sure their boss is NOT listening! Read my e-mail. I hope I have given you some useful ideas too. Good luck in your job search. Remember, there are still some public school jobs available, too. But of course paperwork for those jobs is verging on the insane. Drop us a line when you find a job you can accept. Finally, you are wise to go over the contract carefully as you have done. You deserve to get a GOOD job!

[CentralCali]

[newchamp]

[clairemarie93]

The teacher in the school was completely by himself when I was Skyping him, he was in his apartment. He showed me the apartment and a view out the window for my interest... and even has been messaging me over facebook and has been incredibly helpful and seems very happy with the school.. so am definitely still considering it
I have been offered another position, through searching online I found a couple of people who have taught here in the past and they were both happy with their experiences there overall... I will post the contract (if anyone has the time to read it!)

[clairemarie93]

This EMPLOYMENT AGREEMENT has been made this January 6th , 2016 by and between having its office__ (hereinafter referred to as "employer"); and __ a citizen of ___whose current mailing address ___ __ with the contact phone number _(hereinafter referred to as "employee")

1.0 Employer and employee agree to the following:

Employee accepts employment from employer to work as an English instructor under the terms and conditions set forth here in this agreement for a period of 12 full and consecutive teaching sessions (12 months). Employment commences from the first day of class on March 1st, 2015 and finishes on the last teaching day of the last teaching session covered under this agreement. Employee should arrive 6 to 10 days prior to the start date to undergo orientation and training. Employer will provide temporary accommodation during this period until the regular accommodation is ready.

Duties

During the term of this agreement, the employee is required to prepare for, teach, and carry out all required administrative duties connected with classes assigned by the employer such as lesson preparations, student evaluations, teacher meetings, workshops, events such as a Halloween party and mandatory arrival time. The base teaching requirement is 105 actual teaching hours per session equal to 157 forty minute classes if employee is assigned only forty minute classes. Employer may assign classes between 30 to 50 minutes in length and in the case employee receives less than the above listed teaching hours, employer shall still pay the listed monthly salary and assign other teaching or administrative/curriculum related duties. Teaching days will be Monday to Friday, with a maximum 8-hour block teaching schedule excluding lunch breaks. The 8-hour block will be an average calculated based on the 5 day workweek schedule, consisting of approximately 26.25 teaching hours per week. In the event employee receives overtime payment or during the annually scheduled intensive months consisting of one month in the summer and one month in the winter, the maximum 8-hour block workday may not apply. Total teaching hours per session in excess of the base requirement listed above is calculated as overtime payment according to the overtime payment rate listed in section 3.1. Employee may be required up to a maximum of 5 overtime teaching hours per week. During the term of this agreement, employee may be required to attend and participate in non-teaching events & functions that can be scheduled on Saturdays. Excluding teacher refresher training these days will be a maximum of (5) per year.
Payment made for assigned teaching hours is inclusive of payment for preparation and administrative duties, which includes; preparing evaluations, attending meetings and workshops scheduled by employer.
At all times during the term of this agreement, employee will directly adhere to and obey all the rules and regulations that have been, or may hereafter be established, by employer for the conduct of employee or generally for the conduct of instructors at the place of employment.
2.4 Mandatory Preparation and Arrival time
During the first 3 months of employment all first-year employee(s) will be required to arrive at
least 1 hour before the start of their first class and prepare for lessons at least 2 hours per day. All employee(s) will be required to arrive at least 1 hour before the start of their first class and prepare for
lessons at least 1 hour per day or according to the employer’s academic standards. Failure to abide
the mandatory preparation and arrival time can result in verbal or written warnings being issued to the employee. Employee(s) teaching before 10:00 am may arrive 30-minutes before their first class.
3.0 Compensation and Other Treatment of Employee
3.1 Salary: The monthly salary will be 2,100,000 Korean won with 2 payments made within two days after the last teaching session as part of the severance pay. No part of the thirteenth payment will be paid unless the employee completes the full (12-session) one-year contract. Overtime payment is made at the rate of 17,000 Won per 40-min class/prorated for shorter or longer classes. Employee’s salary will commence from the first day of teaching. When an employee is absent from scheduled teaching duties salary will be deducted accordingly. Korean income taxes and Korean National Pension tax deductions will be withheld. Salary payments will be made on or before the eighth day of the month following the teaching session during which the employment services were provided.
National Pension Tax Compliance: Under current Korean tax regulations/tax treaty with the respective countries full time contracted employees holding passports from the United States, Canada and other qualified nations shall receive the accumulated pension tax payment made each month over the course of employment with employer plus the equivalent co-payment made by employer directly from the Korean National Pension Tax Office (http://www.npc.or.kr/ Click English link). Employee(s) who do not qualify for the refund should inquire with their countries tax office regarding the tax treaty bylaws with Korea and means of receiving reimbursement or credit for paying into the Korean pension tax fund.
Transportation into Korea: Employer will provide for employee an economy class ticket for passage to Korea from an international airport mutually agreed upon by employer and employee (henceforth referred to as point of departure). According to Korean tax laws employer shall treat the cost of the air tickets as part of the employee's first month's income (First full paycheck + cost of air tickets). The employee should reimburse the airfare if the employee will break the contract within 6 months.
Paid Sick Classes: Employee’s under the 12-session contract will be entitled to 10 paid sick classes with a medical note from a physician or confirmation/approval by the employer. Classes missed for non-medical reasons or unverifiable medical condition will result in prorated deduction from employee’s monthly salary.
Attendance Bonus: Under the 12-session contract employer will pay employee an attendance bonus
for the following levels of attendance
300,000 Won bonus for missing no classes (Medical or non-medical reasons)
200,000 Won bonus for missing 5 or less classes (Medical or non-medical reasons)
100,000 Won bonus for missing 10 or less classes (Medical or non-medical reasons)
Holidays and Vacation: Employee will be entitled to observe regular annually scheduled public holidays and receive vacation days during the contract term according to a yearly schedule provided by employer before the commencement of the year to which the schedule refers. There are nine – ten (9-10) vacation days in each calendar year (January - December).
3.9 Medical Insurance: Employee will be covered by medical benefits under the Korean Medical Insurance Union (http://www.nhic.or.kr/ Click English link) a Government Health Organization. The cost of this coverage will be borne half by employer and half by employee. Employee’s share of this coverage will be deducted from employee's monthly salary.
3.9b Accident Compensation: In the event that employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties; employee understands and agrees that employer will have no responsibility for, nor obligation to pay, medical and hospital costs which are in excess of those covered by medical insurance.
4.0 Housing
4.1 Employer will select and provide a single private non-shared housing for employee with a kitchen and a bathroom. Furnishings provided by employer for employee will include: A kitchen table/counter and chairs, two-burner gas hotplate, a refrigerator, a television, a washing machine, a regular size bed, a dresser/closet/cabinet, an air conditioner and assistance in obtaining a prepaid cell phone. Employee will have to supply his or her own pillow, pillowcase and bed sheets and employer shall provide a blanket. Employee will not be held responsible for furnishings/items that need repair or replacement due to normal wear and tear. In the case items are damaged through neglect or destruction by employee or employee’s visitors then the cost of repair or replacement will be borne solely by the employee. Employee will be responsible for maintaining the accommodation in the same order employee received it under which shall include cleanliness of all living quarters, kitchen, kitchen sink, bathroom and furnishings. In the event employer must hire a cleaning person to restore employee’s accommodation the cleaning fee will be deducted from employee’s salary or housing deposit.
4.2 Employee is responsible for all maintenance and utility charges for the accommodation provided by employer. Maintenance and utility charges will depend on employee(s) usage.
4.3 Housing Damage/Security Deposit: Employee’s who receive accommodation by employer agrees to a deduction of 200,000 Won per month for the first three months of employment totaling 600,000 Won. This deposit is to cover any unpaid monthly service, utility, and damages at the completion of this contract or resignation/dismissal of the employee before the termination of this contract. Employer agrees that payment of remaining amounts of the deposit will be made to employee within ten days after all outstanding monthly service and utility charges have been paid and accounted for without any remaining balances. Employer shall return the full amount of this deposit at the same time as the last salary & severance payment which shall be made within two days of the last teaching day if a co-employee signs the housing deposit debt guarantor form on behalf of employee.

5.0 Dismissals or Voluntary Resignation
5.1 Employer will have the right to dismiss employee for unwillingness or inability to meet conditions of employment as set out under this agreement, for conduct seriously jeopardizing any student or staff person, or for criminal activity and falsification of documents to obtain the work visa.
In the event that the employee is dismissed, or in the event that the employee voluntarily resigns prior to the termination of the term of this agreement, employer will pay salary due to date of termination. Employer will not pay the cost of return transportation to point of departure for employee. Further, employer will be entitled to withhold an amount less than or equivalent to, but not exceeding, the cost of airfare provided for travel to Korea and other benefits provided to employee. In the case employee gives employer 8 weeks written notice and completes the session as stated in the settlement agreement form prior to resigning then employer shall prorate the cost of the airfare and other benefits received.

Covenants
Employee hereby agrees, covenants, and undertakes that he/she will not undertake any teaching duties or employment with any persons or organizations other than the employer. To undertake such employment is a breach of Korean Immigration law and can have serious consequences.
The employee understands and accepts that the rights to use, sale, distribution, or publication of all original material produced by the employee during the course of employee's employment, and for which the employee is compensated as either regular pay, as overtime, or in an agreed-upon lump sum, remain the sole property of employer.
Employee agrees to the policies and regulations.
Employee agrees to undergo the Korean governments mandated health check at employer’s expense.

Jurisdiction

7.1 This agreement will be interpreted according to the internal (domestic) laws of the Republic of Korea. A competent court in the Republic of Korea will have jurisdiction in regard to any dispute or claim arising out of, or in connection with, this agreement.

7.2 Employer and employee have executed this agreement on the date indicated below. Intending to be legally bound to, and in witness of, employer and employee have appended their signatures.



_____________________________ __________________________
Employer Employee


___________________ _________________
Date Date

[CentralCali]

[CentralCali]

[trueblue]

Jeez...these contracts are awful.

Things just don't change in Korea, with exception of the needle on the "bullshitometer".

[CentralCali]

[clairemarie93]

Thanks again.. I know you guys are advising against Korea but I am really set on it, I know I may sound naive but I think if I keep searching and doing my research I will find something.. Also I really don't mind working a couple of hours overtime and such!
I feel like this contract looks a bit better than the others:

This contract is made by and between __ located at __ (herein after referred to as the Institute) and __,a citizen of the __ bearing passport # ___________________ (hereinafter referred to as the Teacher). Note that for the purposes of this contract, Korea, South Korea, and the Republic of Korea, all refer to The Republic of Korea.

1. Employment, Visa, Documents
a. The Institute hereby agrees to employ the Teacher as described herein below. The Institute hereby agrees to provide the Teacher with an appropriate employment visa and the Teacher hereby declares that s/he possesses the documents required to obtain said visa and agrees to make these documents available to the Institute upon request at any time during the contract period.

2. Contract Term
The term of this contract is one full year, beginning with the Teacher’s first teaching day at the Institute: The contract term is for 2nd March 2016 – 28th February 2017. The contract may be renewed or extended with the agreement of both parties. The Teacher will indicate his/her interest in renewing or extending the contract, in writing, at least two calendar months before its termination. The Institute will indicate acceptance or rejection of the Teacher’s interest in renewal or extension within five business days. Both parties may then extend or re-negotiate this contract as they see fit.

3. The Teacher’s: Teaching and Related Duties
a. The Teacher will behave professionally and will strive to uphold the reputation of the Institute while conducting classes, interacting with students and parents, and while interacting with the community in general.

b. The Teacher will be required to work five days per week, Monday to Friday, unless both parties agree otherwise.

c. The Teacher will teach approximately 30 hours per week between the hours of 9:00am and 6:00pm. The daily schedule will be set by the school director.

d. The Teacher is required to adequately prepare for all classes and devote the time required to complete the preparatory and administrative tasks that are normally associated with teaching the children. These include:
i. Conducting classes as scheduled
ii. Preparing materials for classes.
iii. Planning and team meetings as required by __ approach.
iv. Student assessment and reporting.
v. Communicating with cooperating Korean teachers and/or administration as necessary for the maximum possible benefit of students.
vi. Attendance at meetings, trainings and special events as reasonably required by the institute.

e. The Teacher is expected to dress appropriately when present at the Institute or when engaged in any Institute-related activities. In addition, Teachers should be clean-shaven, or keep their beards neatly trimmed, and keep their hair neatly styled. Visible tattoos and piercings (other than single ear piercings) may not be acceptable. The Institute reserves the right to inform Teachers of unacceptable attire/appearance. The Teacher hereby agrees to follow the Institute’s directives in this regard.
4. Salary
The Institute will pay the Teacher a monthly salary of 2,100,000 Korean won. If the Teacher’s scheduled teaching hours fall below that outlined in Section 3c, the Institute may ask the Teacher to make up the difference through administrative or curriculum development work, which may or may not be related to the classes the Teacher is teaching.

5. Overtime
The Teacher will not be required to teach more than three hours of overtime per week unless s/he agrees. Overtime will be calculated weekly and will be paid at a minimum rate of 20,000 won per hour. Duties outlined in Section 3d will not count towards the calculation of overtime. While holidays are paid in full, time not actually spent teaching (including holidays) will not count towards the calculation of overtime.

6. Severance Pay
a. Upon completion of the full contract term, the Institute will pay the Teacher one full month’s salary, as per the Korean Labor Standard Law.

b. If the Teacher leaves the Institute voluntarily at any time during the contract, no severance will be paid.

c. The Institute reserves the right to withhold up to 500,000 won from the Teacher’s severance pay or final pay to cover utility bills that have not been received, or remain unpaid, at the end of the contract period. In this event, the balance remaining after all bills have been paid will be transferred to a bank account designated by the Teacher within 45 days of the end of the contract period. Receipts for bills paid by the Institute will be provided.

7. Housing
a. The Institute will provide the Teacher with single accommodations with basic furnishing. The Institute is responsible for paying the rent. The Teacher is responsible for paying his/her share of all utility bills, including electricity, water, gas, cable, internet and telephone. If the building charges a security or maintenance fee, this is also the Teacher’s responsibility.

b. The Institute reserves the right to deduct unpaid utility bills or the costs of avoidable damage to the apartment, from the Teacher’s salary. Receipts will be provided for any such withholding of salary.

c. The teacher can choose to receive housing allowance instead of housing accommodation. In this case, the teacher will receive 400,000 Korean Won per month.

8. Air Transportation

a. If the Teacher chooses to end this contract early for any reason other than his/her serious injury or serious physical illness, or if the Teacher is dismissed for serious cause, as outlined in section 12 c. of this contract, the Teacher agrees to reimburse the school the total amount of the Teacher’s flight to Korea.


9. Holidays and Vacation
a. In addition to the usual national holidays, the Teacher will be given several working days of vacation, to be taken at the discretion of the school director. The distribution of these days will result in at least ten days of vacation per year.

b. The Institute agrees to give the Teacher at least one month notice of these vacations so that the Teacher has adequate time to plan travel or other activities.

c. No deduction from salary will be made for national holidays or other holidays; however, hours not worked on these days does not count in the computation of overtime pay.

10. Sick Days
a. The Teacher will be granted up to 3 paid sick days during the contract period. The Teacher must provide proof of a visit to a doctor in order to be paid for any sick day. Absences due to illness in excess of three days per year may result in deduction of pay, including those requested by the Teacher and approved by the Institute. The Institute is under no obligation to make any cash settlement for unused sick days.

11. Medical Insurance / Conditions
a. The Institute will enrol the Teacher in the Korean National Health Insurance Plan. The cost of premiums will be shared by the Teacher and the institute at the rates stipulated by the Government of Korea. This premium will be deducted from the Teacher’s salary. Pre-existing medical conditions and dental are not covered.

b. The Teacher understands that extended periods of illness and/or serious injury that results in an extended inability to perform the duties of employment may seriously harm the Institute’s business and may result in termination of the Teacher’s employment. In such cases, all outstanding salary will be paid to last day worked. The Institute further agrees to provide reasonable assistance in dealing with local hospitals, doctors, and the Teacher’s family in such cases.

12. Termination of this Contract
a. Both parties agree to provide a minimum of 60 days’ written notice of their intention to terminate this contract for their own personal or business reasons.

b. In the event that an unusual number of students or parents complain about the Teacher’s classes, or if there is a noticeable decline in enrollment that can be reasonably attributed to the Teacher’s teaching methods, the Teacher will be formally notified of such. S/he will be afforded a 30-day period in which to remedy the situation. During this period, the Institute may require the Teacher to observe other Teachers’ classes and/or alter his/her teaching methods. If, at the end of this 30-day period, the situation has not improved, the Institute may terminate the Teacher’s employment. The Institute will be the sole judge of such improvement or lack thereof.

c. The Institute reserves the right to terminate the Teacher’s employment immediately, for the Teacher’s behavior as follows:

i. Repeated absences, tardiness, or insufficient preparation without valid excuses.
ii. Unauthorized paid teaching or other employment for any entity or individual(s) other than the Institute.
iii. Use of alcohol, or any other intoxicant, which has a noticeable and negative impact upon the execution of the Teacher’s duties, or which has a substantially negative impact upon the reputation of the Institute.
iv. Violation of the laws of the Republic of Korea (South Korea).
v. Any behavior that threatens the physical safety or security of students or Institute staff.

13. Venue for Disputes
The applicable laws of the Republic of Korea will govern this agreement. While both parties enter into this agreement with honesty and integrity, disputes may sometimes occur. In such cases, both parties will be bound by all the terms and conditions of this contract and will try to resolve their differences in a manner that is fair to both parties and results in the least inconvenience to both. In the event that no solution can be found and either party decides to terminate this contract, each must do so in accordance with Section 12. Upon such termination of employment or dissolution of this contract, both the Teacher and the Institute agree to behave in a respectful, civil manner and refrain from activities that may damage the reputation of either party.

14. Good Faith
The Institute and the Teacher enter into this agreement with good faith. Each will consider the welfare of the other in execution of his/her respective duties. The Institute will not dismiss the Teacher without what reasonably is considered good cause, and the Teacher will do his/her best to fulfill all the responsibilities and meet all the conditions as described in this agreement.

15. Changes to this Contract
The Institute and the Teacher have read and understood the entirety of this Employment Contract. No other verbal agreement, statement or promise made on or before the effective date of this contract will be binding on either party. Any changes made must be in writing and signed by both parties to be included in this contract. Any changes made to this contract, whether verbal or other, without the knowledge and written consent of both parties are to be considered invalid, and as such will not be considered part of this contract.

16. Transfer of this Contract
Under no circumstances will the Institute exchange, give, sell, or transfer this contract, or the services of the Teacher, to another party or Institute without the written consent of the Teacher.

17. Precedence of the Laws of the Republic of Korea
Should any portion of this contract be found to be incompatible with The Korean Labor Standards Law, or any other Korean law, such portion will become invalid and the stipulations of the appropriate law will prevail. This will in no way invalidate other, unrelated, stipulations of the contract.

We hereby confirm that we have read and understood the terms and conditions of this contract and agree to be bound by them.







_________________________ _______________________
Signature (The Institute) Signature (The Teacher)


_________________________ _______________________
Full Name Full Name


_________________________ _______________________
Date Date

[trueblue]

[CentralCali]