Korean Job Discussion Forums

[sandcmoeller925]

Could someone look this contract over for me? I'm a new teacher and this seems pretty overwhelming! Thank you.

GnB English School, Incheon Won-Jong Campus

EMPLOYMENT AGREEMENT

This employment agreement is made by and between the following parties:


Employer : GnB English School, Incheon Won-Jong Campus
Employee :
Above-mentioned parties agree as follows:

1. JOB DESCRIPTION
The employee will be responsible for conducting professional, well-planned English language classes. The employee may also be assigned by the Director to other education related duties, such as teachers� meetings, staff training sessions, workshops, daily schedules, report cards and new student interviews. The employee may also be required to be present in uniform attire at marketing events, for which the employee will be compensated at the following rates: 30,000 won/hr for events held outside the campus, 25,000 won/hr for events held inside the campus.

2. WORKING HOURS
Teaching hours are normally from 2pm to 8pm. These hours are subject to change due to public school sessions, school summer and winter vacations, and others. The employer retains the sole right to schedule the employee based on the requirements of the employer.

3. PLACE OF EMPLOYMENT
The employee will be employed at GnB English School, Incheon Won Jong Campus.

4. SALARY
4.1 The employer shall pay the employee a salary of 2.4 million won per month. The employee will be required to provide 30 hours of classroom instruction per week. The employee may be required to perform administrative duties as part of these hours. The employee will also be expected to put in additional time necessary to prepare for classes and to be present at teachers� meetings.
4.2 The employee�s salary shall be paid at the end of each month. If this day falls on a national holiday, Saturday or Sunday, the salary will be paid on the immediately preceding business day.
4.3 ALL overtime must be agreed to by the Director and the employee PRIOR to any being taken. Payment for overtime work is subject to agreement between the Director and the employee. If no separate agreement is negotiated, the employee will be paid at a rate of 25,000 won per hour.
4.4 Korean income taxes (3.5%) will be withheld from the employee�s salary every month.
4.5 Once medical bills are approved, 50% will be paid out to the employee through the Employees' Health Plan which is administered by GnB.

5. BONUS
In lieu of severance pay, a bonus of 2.4 million won will be paid to the employee at the end of contract year after all outstanding bills and obligations are paid.

6. EMPLOYMENT SECURITY PLAN
The employer and employee agree to participate in the GnB Employment Security Plan. (Refer to Attachment 1)

7. ACCOMMODATION
7.1 The employer will select and provide furnished living accommodation for the employee.
7.2 The accommodation will be in a single or shared two-bedroom villa or apartment. The employer shall provide basic furniture items and appliances such as a bed, a TV, a kitchen table and chairs, a refrigerator, a washing machine, a gas stove and a telephone (not service) plus some utensils.
7.3 The employer will pay the rent for the apartment. The employee will pay for utilities such as power, water, gas, heating and telephone costs.
7.4 The employee may choose to receive a stipend of won per month for living expenses in lieu of the employer-provided accommodation. In this case, the employee is fully responsible for finding accommodation and caring for all related expenses.

8. VACATION
8.1 The employee is entitled to ten business days of paid vacation per contract year; the maximum length for each leave is five business days plus weekend.
The employee cannot take any days off during the teaching year unless the employee gives at least 4 weeks notice. The employer must approve this time off. The school will attempt to provide, but not guarantee, vacations of one week in length.
8.2 The employee is allowed three paid sick days per contract year. The employee may be required to provide proof of illness to receive a sick day. Excess use of paid sick leave will not be permitted. The employee is entitled to National Holidays. Korean election days are not considered National Holidays for the purposes of this contract.

9. AIRFARE
9.1 The employer shall provide an economy airfare ticket from the employee�s point of hire to Seoul. Should the employee wish to return to the original point of hire upon satisfactory completion of the contract, the employer shall also provide the employee with an economy airfare ticket. Should the employer purchase a return ticket prior to the start of the contract, the employee is required to submit it to the employer upon arrival.

10. DUTIES AND RESPONSIBILITIES OF THE EMPLOYER
10.1 The employer will undertake all the pertinent steps and measures in order to obtain a residence visa and work permit (E-2) for the employee prior to their arrival in Korea. For this purpose, the employee will furnish the employer with all documents that the employer requests, such as the original or certified copy of their University degree, sealed transcripts and photos. The expenses incurred by the employee for applying for and obtaining this visa will be reimbursed; travel costs not included.
10.2 Should the employer and employee agree that the employee arrive in Korea without the said visa, the employer will assume all extra costs associated with the visa process, but not the costs for obtaining a residence visa and work permit (E-2).
10.3 The employer will not be held responsible if the Korean authorities refuse to grant the visa.

11. DUTIES AND RESPONSIBILITIES OF THE EMPLOYEE
11.1 The employee will dress and behave in an appropriately professional manner.
11.2 The employee understands and agrees that at all times during the term of this agreement, the employee will strictly adhere to and obey all laws and regulations of the Government of Korea (ROK) or any Korean local government officials.
11.3 The employee will not engage in sexual behavior or enter into a romantic relationship with a minor or any student of GnB.
11.4 The employee will not use or transport any drugs or other substances prohibited by the laws and regulations of ROK.
11.5 The employee will conduct himself/herself in a manner that does not detract from the reputation or the good name of the institute.
11.6 The employee must allocate sufficient time each day to plan their daily classes.
11.7 The employee must give written or oral notice if he/she is not to teach a class, at least one day in advance. Should the employee not teach an assigned class (without notification), the employee may be dismissed and this agreement terminated.

12. MISCONDUCT AND DISMISSAL
12.1 The employee will work only for the employer. Any other employment is in violation of Korean Law and will be considered a breach of contract and is a cause for immediate dismissal.
12.2 The employer has the right to dismiss the employee for neglecting their duties after being warned.
12.3 The employer will dismiss the employee for criminal conduct inside or outside the place of employment that would, in the opinion of the Director or vice-Director, seriously jeopardize any student or other employee.
12.4 The employer may dismiss the employee should the employee�s conduct damage or harm the reputation of the school.
12.5 The employee may be dismissed for financially harming the employer.
12.6 The employee may be dismissed for misrepresentation of academic degree or work related experience or qualifications.
12.7 In case the employee is dismissed for any of the above enumerated reasons, bonus payment and expenses shall be treated as mentioned in Clause 14 (�Resignation�) below.


13. RE-ASSESSMENT OF THE EMPLOYEE
The employer has the right to re-assess the employee should the teaching hours of the institute not be sufficient for the employee�s retention. The employer will give the employee 4 weeks notice if such a case arises. The employer will retain the sole right as to which employees will be laid off. Should such a situation arise the employee�s bonus will be prorated but the employee will not be liable for any costs associated with the hiring process, including recruiting fees and airline ticket costs.

14. RESIGNATION
Should the employee voluntarily resign prior to the termination of the term of this agreement, the employer will not be obligated to pay the employee any part of the bonus. The employee will also be obligated to return costs associated with the recruiting of the said employee, recruiting costs, airfare, visa costs and training costs, as per the following schedule: 1 - 4 months - all costs in full. 5-11 months: total costs divided by the number of months worked in the contract.

15. RENEWAL OF CONTRACT
Three months before the expiration of this contract, both parties should notify each other as to whether or not they will renew this contract for another year. The parties will then renegotiate the salary and terms of employment for the following year.

16. CONTRACT LENGTH
This contract is valid for one year and shall commence with the first day of employment.


DATE:___________________SIGNATURE:___

Employer GnB English School, Campus


DATE:___________________SIGNATURE:___

Employee Stephani Moeller

ATTACHMENT 1

EMPLOYMENT SECURITY PLAN

The employment security plan is in place as a precaution to prevent employees from not paying utility fees, stealing computers and other items, performing unethical actions, leaving the company without notice, or inflicting damage upon school property and to prevent employers from harming employees as a result of late pay, not providing severance pay, not paying the monthly salary, etc.

GnB Basic Employment Security Plan:

1. For the first two months of employment, the employee shall deposit one quarter of his/her monthly salary into the following security deposit account.
(Security deposit account : )
The employer shall deposit one half of the employee�s monthly salary into the same account.

2. The deposited fund shall be returned in full to each party upon satisfactory completion of the contract.

3. Should one party commit a violation that leads to the termination of the contract, the entire deposit shall be paid to the non-violating party.

The employer and employee agree to enter into the GnB Basic Employment Security Plan.

Employer: Date:

Employee: Date:

GnB Premium Employment Security Plan:

1. For the first four months of employment, the employee shall deposit one quarter of his/her monthly salary into the following security deposit account.
(Security deposit account : )
The employer shall deposit one month of the employee�s salary into the same account.

2. The deposited fund shall be returned in full to each party upon satisfactory completion of the contract.

3. Should one party commit a violation that leads to the termination of the contract, the entire deposit shall be paid to the non-violating party.

The employer and employee agree to enter into the GnB Premium Employment Security Plan.

Employer: Date:

Employee: Date:

[ttompatz]

Let me guess. You couldn't find the contract review thread:

CONTRACT POSTING THREAD: post 'em here for a review
http://forums.eslcafe.com/korea/viewtopic.php?t=59265

where you would actually get a reasonable appraisal of your contract (crap that it is) and you could look at some of the 78 pages of other contracts so you would know what to look for and what to avoid.

You are legally required to be enrolled in the national health plan ( http://www.nhic.or.kr ) and not some out of pocket plan offered by your school (which will disappear if you actually need real medical care and they have to pay for something like a broken leg or worse).

There is no mention of what is a class hour. Just that you have to work 30 of them per week. That could mean anywhere from1500-1800 minutes standing in front of the class each week (a difference of 6 hours per week in the classroom).

There is no mention of pension.

The tax deduction is more than double what they should be on your salary.

and it doesn't get any better from there in.

Oh, and that security thing is ILLEGAL not to mention bad news and lose/lose for you.

If you breach your contract, they keep it.
If they breach your contract and you quit, they keep it.
If they fire you for any reason (like they don't want to pay your severance and return flight), they keep it.

[maingman]

contract?

[sandcmoeller925]

How can such a large English Franchise have such a crappy contract? Are the contracts not standardized from one campus to the next? How can they have so many illegal practices? I'm so frustrated...I purposely wanted to work at a large franchise to avoid just this - shady contracts.

ttompatz -
Thanks for the info. And I did post my contract on the thread but I didn't receive any feedback in two days so I posted it separately.

[PGF]

listen to tom.

why didn't you go with a public school, BTW?

And, if you go with GNB, make sure you talk to one or more foreign teachers via phone and e-mail. A contract doesn't mean much here. A testimony from a current FT or a personal visit to the school is priceless.

If you are not caucasian and you work at a hagwon, life will not be easy.....really. You will be treated like a non-westerner- which is like s hit. expect pressure enough to make a diamond.

[sandcmoeller925]

EMPLOYMENT AGREEMENT FOR TEACHER

FIRST YEAR CONTRACT



This EMPLOYMENT AGREEMENT has been made this ___ of�� ______ , 2008 between READING TOWN(KEUMCHEON) being represented by _________________
established under the laws of South Korea at Kumcheon Gu, Republic of Korea (hereinafter referred to as the "Employer") and ____________________ , a citizen of _______________ whose passport number is ________________ (hereinafter referred to as the "Teacher") under the terms and conditions set forth below.
Both parties agree on the following terms and conditions:



CLAUSE 1 (APPOINTMENT)

a. The employer agrees to employ the teacher during the period stipulated herein.
b. The teacher agrees to accept the employment and will work in his/her full capacity for the school.



CLAUSE 2 ( PERIOD OF EMPLOYMENT )

a. The total Agreement term is approximately one year, commencing from the date of arrival in Korea and to the last teaching day of the teacher's twelfth teaching session
b. The teacher agrees to discontinue his/her residence in Korea under the visa status arranged and sponsored by the employer and leave from the status within five days of termination of this contract.


CLAUSE 3 ( The employer�s responsibilities )

a. The employer and employee are equal individuals working together to provide quality English instruction under the terms stated in this contract.
b. The employer will honor the terms and conditions of employment for the teacher
as stated within this contract.
c. The teacher will guarantee the teacher a monthly salary of Won in consideration of the teacher�s teaching hours and proper preparation for the classes.

CLAUSE 4 ( THE TEACHER�S DUTIES )

a. During the terms of this Agreement, the teacher must cooperate and comply with the instructions and disciplines of the school. Assisting the Supervisor he/she must carry out assignments as directed by the employer. The Supervisor will be responsible for establishing and communicating the Standards of Performance as related to the duties stated in this contract.
b. The teacher must have adequately prepared for the class in advance.
c. The employee will be supervised and directed by the Academic Supervisor for all matters related to the teacher�s responsibilities and duties to ensure that the professional standards of the Employer are met..
d. The teacher�s work will include the followings :

* Teacher works 8 hours per a day from 1pm to 8:30 (MTWF) and 9:30 on Thursdays*

a) Teaching of English language (Target students� ages: 6 to 15)
b) Carrying out all required administrative duties connected with classes assigned by the Academic Supervisor.( EX, Mid & Final exam, correct students� book reports and Writing homeworks)
c) Checking Homework and Correcting students� essay or book reports.
d) Grading and assessment of students
e) Attending at teacher�s meetings workshops and parents� meetings
g) The teacher should arrive at the school at least one hour earlier than
the class starts to prepare class.
h) If an emergency happens(sick & �), the teacher has to notify director 5 hours early and submit a doctor�s subscription within 3 days. In the event of absence due to illness without a doctor�s note, the school will deduct the amount of 20,000 Won per class from the teacher�s monthly salary. This money will be used to provide a substitute teacher.
i)Teacher will observe 3 sick days and teachers are required to provide with a doctor�s note for these days. These days will be paid for if a doctor�s note is provided.


CLAUSE 5 ( SALARY AND WAGE)

a. The employer agrees to pay the teacher a monthly salary of __________ won for 30 teaching hours per week.
b. The payment of the salary is to be made on 5th of the following month.
c. Each teaching hour exceeding the 120 working hours is considered as overtime. And the payment for the overtime will be 20,000 won per each working hour(60 min).
d. Attendance at scheduled staff meetings and workshops should be mandatory and are not accounted for the overtime.
e. The monthly salary for assigned teaching hours is inclusive of preparation, and all teachers will have a scheduled block of planning time each day.


CLAUSE 6 ( WORKING HOURS )

a. During the terms of this Agreement, the teacher should work in proper manner and under good cooperation with the Supervisor from Monday to Friday.
b. The teacher agrees to teach upon 30 teaching hours a month The said workload is equal to 45 teaching periods per month (One teaching period is equal to 40-minutes)
c. Once in a month, the teacher attends teachers� workshop on Saturday.( The teacher is not paid for this workshop)

CLAUSE 7 ( TAX )

Income tax(3.3%) will be deducted off the salary according to the Korean tax law.



CLAUSE 8 ( TRANSPORTATION )

a. If the teacher leaves the school before his/her contract period ends, the school will not pay for his/her return ticket.
b. If the teacher willfully leaves the school prior to completing six(6 months) period of this contract for any reason, the teacher must reimburse the school the cost of the ticket and all the other expenses such as recruiter�s arrangement fee paid by the school or the school may deduct the equivalent amount from the teacher�s last month�s pay.

CLAUSE 10 ( MEDICAL INSURANCE )

a. The teacher will be covered by medical insurance under the Korean Medical Insurance Union, a private health organization.
b. The half of the insurance premium will be paid by the Employer and the other half by the teacher. (For reference, the current insurance premium rate is 2.54% of a monthly income).
.


CLAUSE 11 ( VACATION & HOLIDAYS )

a. The teacher will receive paid vacation 10 days including Saturday and Sundays during the contractual period. During the aforementioned holidays, the teacher�s basic salary amount is still paid without any deductions



CLAUSE 12 ( ACCOMMODATIONS )

a. The school will provide the teacher with furnished single studio accommodations with a kitchen and bathroom
b. Furnishings being provided by the employer include: television, refrigerator, washing machine, bed, kitchen table, chairs, two-burner gas hot plate, and telephone, air-condition etc..
c. Selection of the apartment will be determined by the employer.
d. The cost of monthly service, utilities, and telephone charges for the accommodations will be paid by the teacher. The last month bills of the contract period must be proved before the contract ends in order for Teacher to receive the year-end bonus at the same time when the last month salary is paid.
e. In case Teacher fails to prove the last month bill payments before the last day of the contract, the bonus will be used to pay off any unpaid bills. Any balance due the teacher after all bills have been paid will be transferred to the teacher�s account back home two months after the termination of the contract.


CLAUSE 14 (ANNUAL BONUS)

Upon completion of this one year contract, the teacher will receive one month salary of ______________ won as a severance payment in accordance with Korean Labor Laws. This payment will be made at the time of completion of the contract period.



CLAUSE 15 ( DISMISSAL OR VOLUNTARY RESIGNATION )

a. If the teacher fails to conduct him/her in a professional manner, resulting in the damaged image of the school, the employer reserves the right to dismiss the teacher from employment for the following causes:

a) Neglect his/her duties stipulated in this agreement
b) Frequent absences from work
c) Has received two warning letters
d) The inability to perform the duties stipulated in this agreement
e) The teacher�s criminal or misconduct


b. The employer agrees to dismiss the teacher from employment giving 30 days� notice. However, in case of the teacher�s criminal or misconduct, he/she is to be dismissed from employment immediately with no warning or notice.
c. If the teacher seeks release from the contract for culture differences, homesickness or personal problems, the teacher agrees to work until the new teacher arrives.
d. In either case of dismissal or resignation before completing one year (12months) period of this contract term, the teacher must reimburse the employer the ticket cost paid for his/her trip to Korea and recruitment commissions.
e. The teacher is not allowed to teach a private class outside the school unless otherwise agreed by both parties. If the teacher teaches a private class outside the school without the employer�s permission, it would result in dismissal of the teacher, in which case the school has no obligation to pay the teacher a severance payment and the cost of his/her return ticket.



CLAUSE 16 ( GOVERNING LAW & JURISDICTION )

b. This Agreement is governed by the law of the Republic of Korea.
c. This Agreement is made final and firm unless any material modification or amendment to this Agreement is executed with the full knowledge and consent of the undersigned and incorporated into this Agreement.


In witness thereof, we have affixed our signatures hereon.





___________________________ ____________________________ Employer Teacher



___________________________ ____________________________ Date Date