Korean Job Discussion Forums

[hillann]

Here is an ECC contract from ECC in Buk-gu, Daegu. Can someone take a look and give me any helpful feedback about if this is good or not? Thanks!

http://mail.google.com/mail/?ui=2&ik=ea13cef3d2&attid=0.1&disp=vah&view=att&th=11887caa45a4955e

[garykasparov]

[hillann]

EMPLOYMENT AGREEMENT





This EMPLOYMENT AGREEMENT has been made this _______________by and between Pukdaegu Foreign Language Institute(Pukdaegu ECC); a Korean company having its office at 877 Dong chun dong Pukgu Daegu, Korea(hereinafter referred to as "employer") and

___ _______ ___ (hereinafter referred to as "employee").



Employer and employee, in consideration of the mutual promises and covenants contained herein, agree as follows:

1. Employee hereby accepts Employment from employer to teach the English language in the form and manner and under the terms and conditions set forth here in this agreement.

2. The "Place of Employment" is at the address above. Employee may be required to teach outside the place of employment. In such case, employee will be reimbursed for travel expenses incurred beyond those expenses normally incurred in travel from the employee�s home to the place of employment.



3. Term of Agreement


3.1 The "Term of this agreement" shall include twelve(12)full and consecutive teaching sessions, and all scheduled vacations and holidays, which fall between or during teaching sessions. The total term of this agreement is approximately twelve months, commencing from the first day of session __________ 2008 and finishing on the last day of the session ___________ , 2009

3.2 Employee agrees to discontinue residence in Korea under the visa status sponsored by employer within five days of termination of employment.

3.3 Periods of employment of employee beyond that covered by this agreement must be agreed to by employee and employer, in writing, at least two months before the expiration of the term of this agreement.



4. Duties


4.1 During the term of this agreement, the employee will be required to prepare to teach and carry out all required administrative duties connected with classes assigned by the employer. No regular schedule of work hours can be guaranteed to employee. Employee agrees to attend meetings and training workshops to inform employee of matters relating to employees duties and the institutes operation or to assist in employee�s professional development. No payment in excess of or in addition to employee�s monthly salary will be made for attending meetings or workshops scheduled by employer.

4.2 To meet the minimum teaching requirement of this agreement, the number of teaching periods shall be 100 teaching hours (1 hour= 60 mins.). The number of scheduled teaching days does not include Sundays, public holidays, scheduled vacation days.

4.3 The employer will have the authority to require employee to perform any classroom duties in excess of the minimum teaching requirement (such excess hereinafter called "overtime"), but the employer will not have the authority to require employee to teach more than 120 teaching hours each month, unless employee consents there to.



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Only teaching classes in excess of the minimum teaching requirement and approved by the employer are considered overtime. Employee will be paid at the rate of 20,000 Won for each teaching hour as overtime payment

4.4 The employer has the authority to assign employee some non-teaching hours, within the limits on total work hours set forth herein above.

4.5 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.

4.6 Employee agrees to dress appropriately at all times when teaching or when present on the premises of the place of employment and to follow the advice, directives and policies of employer regarding what constitutes appropriate dress.

4.7 Employee understands and agrees that, at all times during the term of this agreement, employee will strictly adhere to and obey all laws, regulations, provisions, instructions, and guidance from the Government of Korea or any local government or officials thereof.

4.8 Employee agrees to be present at the place of employment at least one hour before the commencement of each days allocated teaching schedule to allow time for organization of teaching materials and preparation for the days lessons.



5. Compensation and Other Treatment of Employee


5.1 Transportation: Employer will provide for employee an economy class ticket for passage to Korea from an international airport which is mutually agreed to by employer and employee (henceforth referred to as point of departure). On completion of the full contract period (1 year), employer will provide for the employee an economy class ticket for passage from Korea to point of departure. The return air ticket will be provided at the time of termination of employment. In the event that the employee continues employment under a subsequent employment agreement with employer, the return air ticket will be provided at the time of completion of the subsequent contract period(s). Air tickets provided cannot be exchanged for cash equivalents or transferred to persons other than the employee. Employer does not agree to, and is not liable for, compensation to employee, whether in cash or otherwise, for air ticket (s) which are not used by employee.

5.2 Orientation and training: Shortly after arrival in Korea, employee will be required to undertake orientation and training intended to provide employee with the requisite familiarity with institute operation and policies and to ensure that employee possesses adequate knowledge and skills related to duties of employment.

5.3 Salary: Employer will pay employee as compensation for all services rendered a monthly salary of ______2.1 million_____________ won for each month of the contract period with employer. Salary includes legal allowance which is fixed by law. Salary will commence from the first day of teaching. Payment for part of a month of employment will be calculated on the number of days employed. Payment of the aforesaid salaries will be made in Won. Korean income taxes and Korean National Pension Scheme deductions will be withheld. Monthly salary payments will be made on or before the tenth day of the month following the month during which the employment services were provided.

5.4 Severance Payment: Dependent upon completion of the full contract period (1 year), the employee will be given an additional regular monthly salary payment. Korean severance tax will be withheld. In the event that the employee does not renew or extend employment under a subsequent employment agreement with employer, this payment will be made at the time of completion of the contract period.

5.5 Holidays and Vacation: Employee will be entitled to observe 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 at least 9 vacation days in each calendar year (January-December). Public holidays and vacations can only be taken as scheduled.



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5.6 Absence from Duties: Salary is not maintained when employee is absent from teaching duties. Employee is entitled to 2 paid sick days. In the event that employee is absent from duties for whatever reason, monthly salary will be reduced according to the length of the absence. Reductions will be based on basic salary rate. Transference of teaching duties by employee to persons other than employee is not possible without the permission of employer.

5.7 Emergency Leave: Employee will be eligible to receive up to five (5) days of paid emergency leave in the event of death or up to four (4) days of paid emergency leave in the event of serious illness in employees immediate family. The immediate family of employee for the purpose of this paragraph will include only parents, grandparents, grandchildren, spouse, children, brothers and sisters. Such emergency leave will be granted at the sole discretion of employer. The employee will bear the cost of transportation in the event of a need for emergency leave. Payment for emergency leave will only be made in the event that the employee resumes duties with the employer.

5.8 Medical Insurance: 50% Health Insurance Fee Sponsorship ; Employee will be covered by medical benefits. The cost of this coverage will be borne half by employer and half by employee. Due to requirements from the immigration and taxation departments, coverage will commence approximately 3-4 weeks after arrival in Korea.

5.9 Pension: Korean National Pension will be withheld monthly from employee�s salary(4.5% of salary) according to Korean law. Under current Korean tax regulations/tax treaty with the respective counties full time contract employees holding passports from the United States and Canada shall receive the accumulated pension tax payment made each month over the course of employment at Pukdaegu ECC plus the equivalent co-payment made by employer directly from the Korean National Pension tax Office(http:www,npc.or.kr). Employees who hold passports from the UK, Australia, New Zealand , Ireland and South Africa may inquire with their home countries tax office on the current tax treaty bylaws with Korea and means of receiving reimbursement or credit for paying into the Korean pension tax fund.

5.10 Accident Compensation: In the event that employee sustains injuries from an accident or mishap during the course of normal work duties, or within the premises of place of employment, employer agrees to pay all medical and hospital costs which are in excess of those covered by medical insurance.

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.


5.11 Housing

5.11.1 Employer will select and provide furnished private living accommodation for employee. The accommodation may be in a two or three-bedroom apartment. Apartments with two bedrooms are shared by two employees. Each employee will have a private bedroom and will share a kitchen and bathroom. Furnishings provided by employer for common use by employees sharing accommodation include: A kitchen table and chairs, a two-burner gas hotplate, a refrigerator, a telephone, a television, and a washing machine. Furnishings provided to each employee include: A bed, a wardrobe, and a fan.

5.11.2 The cost of monthly service, utility, and telephone charges for accommodation provided by employer will be shared by both employees. In the case that, and for as long as, employee is a sole occupancy accommodation, employer will cover half of the monthly maintenance charges. During any period of sole occupancy employee will be responsible for all utility and telephone charges for accommodation arranged by employee will be paid by the employee

5.11.3 Employee agrees to pay employer a housing management deposit to cover unpaid monthly service, utility, and telephone charges. Such deposit amounting to 600,000 won and being payable to employer in three equal installments will be deducted from the salary during the first three months of employment with employer. Dependent on written guarantee from a guarantor acceptable to employer, employer agrees that the deposit will be returned, in full, to the employee at the time of completion of employee�s period of employment with employer, including any period of employment beyond that covered by this agreement. In the absence of such written guarantee, employer will hold the full amount of the deposit until all outstanding monthly service, utility, and telephone charges have been paid. In the event that employer makes payments covering monthly service, utility, and telephone charges on behalf of employee, the amount of such payments will be deducted from the deposit and the remainder of the deposit returned to employee.

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Employer agrees that payment of remaining amounts of the deposit will be made to employee within ten days after all outstanding monthly service, utility, and telephone charges have been paid.


6. Dismissal or Voluntary Resignation


6.1 Employer will have the right to dismiss employee for unwillingness or inability to meet conditions of employment as set out under this agreement, including neglect of duties. Prior to any such dismissal, employee will be warned of dissatisfaction with performance or conduct and will be afforded an appropriate period in which to remedy the same.

6.2 Employer will have the right to dismiss employee for conduct seriously jeopardizing any student or staff person, or for criminal activity. In such instances, employer has the right under this agreement to execute immediate dismissal and no warning nor time for remedy need be allotted.

6.3 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 be obligated to pay all salary due to date of termination. Employer will have no duty and will not be obligated to pay the cost of return transportation to point of departure for employee, nor will employer be obligated to pay any severance pay.

6.4 In the event that employee resign prior to the termination of the term of this agreement, employee agree to reimburse employer liquidated damage fees in lieu of all initial cost incurred by the employer. In the event employee resign within the period of 90 days employee agree to reimburse damage fees of 2.0 million won or in the event employee resign between 90days and 180days employee agree to reimburse only the airfare.

6.5 In the event that war, civil disturbances, or political conditions prompt a directive from the government of the Republic of Korea or the government of employee�s citizenship to leave Korea, this employment agreement will be terminated as of the date of such directives. In such case, employer will provide to employee an air ticket to point of departure, irrespective of length of employment period. All salary due at date of termination will be paid. Pro-rated severance pay will be given for periods of employment of less than twelve months



7. Covenants


7.1 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. Failure to comply with this article is cause for immediate dismissal.

7.2 Employee hereby agrees, covenants, and undertakes that he/she will not disclose teaching materials, syllabus details, or any other information relating to the academic program, whether verbally or in written form, to individuals or corporate entities not employed by employer.

7.3 Unless agreed to in writing, 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 employees 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.



8. Merger Clause: This agreement constitutes the entire understanding between the parties hereto with respect to the subject matter hereof, and supersedes all previous negotiations, commitments, and writings with respect hereto. No modification of this agreement will be binding or have any legal effect unless set forth in a written agreement amending this agreement and signed by both parties hereto. Furthermore, this contract nullifies and voids any previous contract between the two parties.





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9. Indemnification Clause: Employee will indemnify and hold harmless employer and employers representatives from any damages which employee may sustain, in any manner, through the misconduct or negligence of employee

.

10. Waiver: The failure of either party at any time to enforce the terms, provisions, or conditions of this agreement will not be construed as a waiver of the same or of the right of such party to enforce the same .



11. Governing Language and Jurisdiction: This agreement has been drawn up and has been executed in the English language; and the English language text of this agreement will govern and prevail over any translation thereof. 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.



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]

[hillann]

thanks for looking at that for me:)

[PRagic]

THERE IS A CONTRACT STICKY

[poet13]

HOly F0CK that sucks even worse then the ECC contract I signed several years ago.

Run.

PRagic is right though. There's a sticky for this.

[Dome Vans]

Was offered this ECC contract in Daegu last year. I'm still laughing now.

Good break down from centralcali!!!

[cbclark4]

Yes the most glaring problem with that contract is this clause

"Pukdaegu ECC"

Turn slowly and walk away quickly.

You must have had a nice photo.

[bacasper]

There is an entire thread devoted just to contract reviews. It's called the "CONTRACT POSTING THREAD" and is 2nd or 3rd at the top of this page.

[chronicpride]

FWIW, I've known 2 teachers to work at that location over the past few years and had no problems. One of them was on a 2nd contract with them, AFAIK. But based on the contract posted, it does deserve to get some clarity with some of those caveats. But just wanted to say that the actual working experience checks out, based on what I've heard from those 2.

[TheUrbanMyth]

[quote="CentralCali"]