Korean Job Discussion Forums

[canstanza2007]

EMPLOYMENT CONTRACT FOR INSTRUCTOR

The following contact is an employment agreement between ______________, to be referred to as the EMPLOYER, and __________ to be referred to as the EMPLOYEE from this point forth.

1. Period of Employment
The employee will be employed by the employer from ___,_2008_ to ______.

2. Schedule
The number of regular teaching hours will be within 30 hours per week. Classes will be held from Monday to Friday. Classes and teaching are scheduled in accordance with the needs of the Institute: however, reasonable efforts will be made to accommodate employee�s requests. Employee may not accept any work not assigned by employer.
I need to have the teaching hours defined.
3. Pay
Employer agrees to pay Employee yearly salary and bonus/severance payment. It will be paid in South Korean Won, and is paid out in thirteen(13)payments over course of twelve(12) months in the following manner:

A. ___2.2 ____million Won per month for twelve(12)months.
monthly salary is payable before the 5th of the month following each pay period. However, on the last month of the contract term, the monthly salary, severance pay and deposit(if any) are to be paid on the last day of the last day of the contract term, before the employee leaves Korea.
B. Overtime rate for each hour worked over and above 30 hours per week is 25,000. Won per hour.

C. Bonus/Severance Payment : Employee will be given an additional one month�s salary of _2.2_ million__won for completing the full contract period. This amount will be paid at that time of completion of the full contract term.
D. Korean income tax will be deducted from the salary according to Korean tax law, currently, 3.3~4 %.
[b]I have heard that the Tax rate is variable depending on OT....but on a basic salary of 2 mil the tax is only 1.5%! Please check and confirm, also...pension?[/b]
4. Airfare
A one-way ticket will be provided to the instructor in advance by the institute. Upon completion of the contract, a return ticket will be provided by the institute. However, if the instructor fails to complete the above contract period for any reason, the return ticket will not be given to the instructor. If the teacher leaves willfully or in case the employment contract was terminated due to the cause before 6 months from start of work, the employee must repay the airfare which was paid by the employer.

5. Accommodation
Employer agrees to provide housing for Employee. Employee is not responsible for the payment of the rent, but Employee is responsible for paying the utilities.

Housing will be provided in the following manners:
A 1-bedroom or studio furnished apartment, no roommates
I would prefer the 1 Bedroom apartment as I am married. What precisely is included in the furnishings? - bed, desk, closet, table, TV, washing machine access, a clothes rack, pots, pans, dishes, phone, fridge, stove, a fan and a heating system that are all in good condition And air con!.
6. Insurance
A medical and accident insurance plan from an insurance company or the Korean government will be offered to the employee. Employer further agrees to pay 50% of the monthly premium. Employee is responsible for the other 50%, and Employee�s portion of the monthly premium is collected through deduction from salary. Dental and pre-existing conditions are not included.
I want to be covered by NHIC, a public organization.
7. Instructor�s duties
A. English teacher/Instructor:
Employee as an English teacher, will director and guide the students in conversational English, and as such, minimal class preparation is required, Employee will be provided with the books and teaching materials necessary to conduct the class, Employee is expected to conduct the class without assistance.
B. Native English speaker
Employee, as a native speaker, will instruct the students in pronunciation exercises. Employee will be provided with the necessary material to conduct such exercise.. Employee may be assisted by a Korean English teacher.
C. The instructor will set a good positive example at all times. The instructor will follow set class schedules and will not dismiss class, cancel classes, start classes late without the approval of the director. Should there be specifics about the dress code
8. Holiday/annual leave/tardiness notification procedures :
A. Holiday : There are 13~15 Korean holidays per year. Employee is not required to work on these days.
B. Annual leave : Employee is permitted 10 days of paid leave per year.( 5 days in summer, 5 days in winter). These are the days when school will not be in session. Days in which the �employee� does not regularly work (i.e. Saturday and Sunday) are not to be considered as part of the vacation period.
C. Tardiness : Employee has to be at school 30 minutes before the first class. If Employee is more than 10 minutes late without notification, one hour of pay may be deducted, depending on the circumstances. Acts of God and accidents are excluded.

9. Release from contract
Both parties have the right to make the contract null and void under one of the following circumstances :

A : The health of the employee is such that it is deemed impossible for the employee to continue work.
B : Blatant misconduct by employee either professionally or otherwise
C : Employee or dependants violate Korean law
D : In the event of war, civil strife, or other disturbances or matters that are deemed by either the employee�s government or Korean government as being unusual and of adequate reason for leaving the country, provided that official document from respective embassies is presented

10. Notification Requirement
If employee breaks the contract by leaving before it expires, the last payment and deposit will be confiscated until all bills have been paid and also the teacher must give at least 2 months notice. In the case of employer seeking annulment, reasonable and adequate grounds must be provided in order for the contract to be involved. Reasonable and adequate grounds for annulment includes, but is not limited to, insistent blatant and gross misconduct, conducting classes under the influence of intoxicants, continual absence and/ or tardiness for classes. If employee desires arbitration, a mutually agreed upon third party must be provided to settle the matter. Employee may seek annulment in cases where the employer does not complete the terms at they are required to complete according to the contract. In the event of the Employment violating the employee�s rights as laid out in the contract, annulment is also granted.

11. Legal action
If there is dispute between the parties involved in this contract, parties agree to the final judgment of a Korean civil court, or Korean civil Law, whatever the final decision may be. If at anytime employee leaves the Institution without giving prior notice and without going through the appropriate procedures, employer has the right to pursue legal action for damages and attorney fees, against employee. If Employee has left Korean altogether, Employer has the right to pursue legal action outside of Korea. If the employee�s rights have been violated by the employer, the Korean Labor Board shall be immediately contacted to begin an investigation of the institute, its owners and directors.

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[Zaria32]

Have teaching hours defined, but also have "working hours" defined. In other words, how many hours, maximum, will you be expected to be at the school.

Hogwons typically try to hold back 3.3 -3.5% for taxes. This is the "independant contractor" rate. You are not an independant contractor...no E-2 visa holder is an independant contractor. There is a website for Korean taxes...and you input the amount of your monthly pay (drop 3 zeros) and it tells you what the tax rate is. I'm sorry, but I can't find the website address right now. Ask on here bor the address of that website. Put some language in the contract such as "according to Korean Law and the tax rate calculator at (web address)"

Just put in the contract "1 bedroom apartment" and I woiuld put in something to the effect that the premises will be "clean, free of mold, and all appliances, heating and air conditioning, windows and locks, will be in good working order." Ask that a list of supplied furnishings be included in the contract. Also ask (don't put it in the contract) for photos of the apartment.

Specify NHIC.