Korean Job Discussion Forums

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Hi guys,

I received this contract offer: it seems pretty vague and that worries me. Can one of you pros tell me if this contract seems legitimate?

Also does anyone know anything about "ESL Resource Group," they are the recruiters who offered me this contract.

And lastly, "Kids Hearld School" (in Incheon)----is it a good school to work for?




Employment Contract for Teacher
First Year Contract

This Employment Agreement has been made this day of (month)(day), 2008 between the following two parties: the teacher (hereafter referred to as the �Employee�)___________________________ and Kids Herald School (hereafter referred to as the �Employer�). The Employee is hired by the Employer and both parties agree to carry out the terms and conditions of employment as set forth herein.

1. Period of Employment
A. This agreement is valid for one year, starting from the date of work in Korea and finishing on the last teaching day of the teacher�s twelfth teaching session.
B. The term of this agreement includes preparatory period, twelve (12) full and consecutive teaching session, and all scheduled vacations and holidays that fall between or during teaching sessions.
C. The start date will be in as soon as practicable, with a target of May 1, 2008. Given the various documentation and logistical issues of teachers coming from North America to Korea, the exact details of travel days and arrival times shall be handled in good faith between the Employee and Employer.
2. Job Description: The teacher will work in the institute and perform such duties as given him by the Academic Supervisor, including teaching and preparation. The teacher�s work shall consist primarily of the following:
A. English teacher will teach and guide the students in conversational English through all phases of the institutes's program. Employer will be provided with the necessary materials and curriculum to conduct such exercises and instruction.
B. The work of teacher may also involve providing input on the improvement and development of the educational program and materials, curriculum, and teaching methods.
C. Attendance at teachers� meetings and workshops.
D. Out of classroom activities for / with students, in place of scheduled classes.
E. Grading and evaluation of students.
F. Student counseling or evaluation.
G. Other related activities.

3. Duties of Teacher
A. During the term of this contract the teacher shall work together and act in accordance with the instructions, training and supervision of the Academic Supervisor, and shall carry out such assignments as directed by the Academic Supervisor. In order to provide students with effective education, program evaluation, staff meetings, and workshops are occasionally held, and the teacher should attend these meetings as assigned in advance by the Academic Supervisor.
B. After orientation, the teacher is expected to conduct the assigned class without assistance, and thus lesson preparation for the class is required prior to the classes. In such case at the teacher is attending classes unprepared, Academic Director shall specifically schedule preparation time before assigned classes.
C. If the teacher is unable to attend the class, an advanced notice should be given to the Academic Supervisor. In case of illness, there are three paid sick days per year. After that, the employer may deduct a day�s pay for every day the employee is absent from work. The employee must notify the employer at least five hours before class time of illness. In this case, the employee should show a doctor�s consultation indicating illness.
D. Attendance at staff meetings, official events, or workshops cannot shall not be considered overtime.
4. Working Hours
A. The number of regular teaching hours will be 120 hours per month on the basis of 60 minutes an hour.
B. The workload is equal to 180 teaching periods per month (one teaching period is equal to 40 minute).
C. Additional overtime will be paid, at a rate of 18,000 won per hour, for any more than 120 hours per month.
D. The standard office hours will be from 9:50 AM to 6:40 PM, Monday through Friday.
5. Salary
A. Monthly salary shall be 2.3 million won (plus any overtime), paid for 120 teaching hours per month. Each teaching hours in excess of 120 working hours is considered as overtime. The salary will be paid on the tenth (10th) day of the following month. Korean income and resident taxes will be withheld. Income tax rates on monthly salary is ~3.5%.
B. Bonus/Severance payment: If the employee fully performed his or her contract, the salary of one month will be paid for the completion of one year contract. This amount is also subject to Korean income and resident taxes (~3.5%).
C. As required by Korean law, a pension contribution of 4.5% will be deducted from employee's monthly pay, and matched by a 4.5% contribution by employer. This pension contribution may be withdrawn upon departure from Korea, as per Korea/US tax treaty.
D. Total taxes, income tax and pension tax, shall be approximately 8%.
6. Housing
The Employer agrees to provide single, furnished accommodations, which will include AC, close to the institute. The Employee is not responsible for payment of rent. However, Employee is responsible for his/her use of utilities, such as electricity, water, gas, etc.

For the first two months, the Employer will collect 200,000 won per month (400,000 won total) from the salary to serve as a utilities/damages deposit. This deposit will be refunded when the teacher vacates the accommodations after the completion of this contract, less unpaid utilities and damages, if any.

Upon commencement of residence in the provided accommodations, teacher should provide a list of any issues or pre-existing damages in the accommodations, if any exist.

7. Medical Insurance
The Employer agrees to provide medical insurance for the Employee under the Korean Medical Insurance Union through group membership. The Employer further agrees to pay fifty (50) percent, and the Employee portion of the monthly premium is made through deduction from salary over a period of the first three months.
8. Holiday and Vacation
A. Holidays: The Employee is not required to work on Korean national holidays.
B. Vacation: the Employee is permitted 10 days of paid leave per year. 6 days are given in winter (3days) and summer vacation (3days) during school shutdown, and the remaining days may be taken at other periods, with prior notice to the Employer. Paid leave can be taken no more than two days at one time unless prior arrangements are made with the Employer. The Employee agrees to give at least 10 days notice in advance.
C. Unpaid Leave: unpaid leave is permitted only under extreme and unusual circumstance. Extreme and unusual circumstance includes, but is not limited to, death or serious illness immediate family member, or illness of Employee which prevents Employee from working. Upon presentation of proper notice and proof to the Employer, the Employee may be granted up to seven (7) days of unpaid leave.
D. Sick days: see 3. C

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 , or
B. Blatant misconduct by employee either professionally or otherwise , or
C. The Employee or dependents violate Korean law , or
D. Neglecting the teacher�s duties under this contract including by, but not limited to, frequent absences from the place of employment, without any approval of the Academic supervisor, conducting classes under the influence of drugs or alcohol or
E. Conduct seriously jeopardizing any student or staff person, or the reputation of the institute.

Prior to any such dismissal, the teacher will be warned of the dissatisfaction of the employer and will be afforded at least fifteen working days in which to remedy the misconduct pointed out by the employer. If, in spite of warnings, the teacher shows no possibility of correcting misconduct, dismissal will be an option at the discretion of the Director. In any cases of dismissal or voluntary resignation, the employer will not pay a return ticket or any benefit such as severance payment. In addition, if the teacher is dismissed due to criminal or serious infraction before six months of the contract completion, he/she shall payback the initial airfare or the institute may deduce the amount of airfare from the teachers� last payment
F. The teacher will not be allowed to teach private lessons outside of the place of employment without permission of the employer, as private lessons are generally a violation of Korean visa laws, and subject not only the teacher, but also the school to potentially serious sanctions. As a violation of Korean immigration law, such action is cause for dismissal. In this case the employer has no duty to pay the teacher return ticket and severance payment.
G. Should the Employee wish to terminate the contract, a minimum of one and half month notice is required, and the acceptance of such a termination of contract is strictly up to the discretion of the institute.

10. Legal Action
If there is a dispute between the parties involved in the contract, parties agree to the final judgment of a Korean civil court, Korean civil law, whatever the final decision my be. If at anytime the Employee leaves Institution without giving prior notice and without going through the appropriate procedures, the Employer has the right to pursue legal actions, for damages and attorney fees, against the Employee. If the Employee has left Korea, the Employer has the right to pursue legal actions outside of Korea.

11. Air Ticket.
Economy class air ticket from the nearest international airport to the employee to Korea will be provided to the employee before he/she leaves his/her country. A returning air ticket will be provided to the Employee�s home upon completing of the full contract period. Regardless of the point of departure, the return ticket will be provided to the nearest international airport to the Employee�s home, and not to the point of departure, should they differ.

In the event that the Employee continues employment under a subsequent employment agreement with the Employer, the return air ticket will be provided at the time of completion of the subsequent contract period(s).

When the Employee resigns within 6 months from his/her arrival in Korea without cause, the Employee shall reimburse the Employer the airfare paid.

When the Employee resigns after 6 months from the Employee�s arrival in Korea, but before completing the 1 year contract, the Employee will not be responsible for reimbursement of airfare, but employer shall not be required to provide a return ticket.

This employment contract is made between tow parties:

Teacher�s signature ________________________ Date ________________________ 200____


Employer�s signature ________________________ Date ________________________ 200____

Name of Institute: Kids Herald School

[majolica]

it would be best to post this in the sticky above specifically for contracts.

[ttompatz]

is it legitimate as in, "is this the contract they expect me to sign"?

YES

Is is a crap contract with lots of problems and missing/illegal stuff?

YES

Would I sign it?

NOT A HOPE IN HE11.

.

[[email protected]]

Thanks for the help. Even from my laymen POV it seemed like bullshit ! Thanks to people like you, us newbies are being saved from serious trauma!

Seriously I appreciate your expertise so very much!

[Norith]

180 classes per monthly 'teaching session', where they steal 400k for a 'housing depoit'. Sign at your own peril...9 classes a day is too much, and 'teaching sessions' are usually a way to screw you on overtime and holiday pay.