Korean Job Discussion Forums

[mmarshalynne]

EMPLOYMENT CONTRACT FOR ENGLISH INSTRUCTORS

This contract is an agreement between two parties:


Employee is hired by the employer as an instructor for the following period:
For a one year period, which shall be the term of the Visa obtained by Employer.
The parties agree to carry out the terms of employment as set forth here in. The following is a description of the employer/employee relationship. Employee and employer are expected to comply with the following conditions:


1. Schedule

The number of regular teaching hours will be 30 (120 hours per month) hours per week. Class will be held from Monday to Friday. Class 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 the institute. Teacher�s classes will be scheduled between 10 a.m. to 6:00 p.m., and Teacher must be present at 9:30 a.m., thirty minutes before her first class begins.


2. Payment

Employer agrees to pay employee in the amount of 2.4 million won per month for twelve (12) months. Employee will be given an additional one/twelfth of annual salary for completing the contract period. This amount as severance pay will be paid by bank transfer no later than 45 days after the teacher has left the institute. Pay period begins on the first day and ends on the last day of each month and the monthly salary is payable no more than ten days after the last day of each pay period. Overtime rate for each hour worked over and above 100 hours per month is (\20,000) per hour. Korean income and resident taxes will be withheld. Income tax rate on salary is 3.5% to 5%.

3. Accommodation

The school shall provide for Teacher�s sole use a furnished living single accommodation, a studio apartment. Furnishings provided by the Employer include: blanket, pillow, television, toaster, bed, kitchen table, chairs, two-burners stovetop, refrigerator, wardrobe, telephone, air conditioner and washing machine. Employer is responsible for the payment of the rent. However, employee is responsible for payment of utilities that they use (telephone bills, gas, electricity, e.t.c)


4. Airfare

The employer is to provide the teacher with an economy class ticket (from nearest international airport, St. Louis Lambert International Airport to South Korea) and transportation from the airport in Korea to the teacher�s residence in Korea. After completion of the one-year contract, the teacher will be provided with a return ticket. If the teacher leaves the school voluntarily or for cause before his/her contract period ends, the school will not pay for his/her return ticket. If the teacher leaves the school before six (6) months voluntarily or for cause the school may deduct the cost of the airline ticket the school has paid for his/her trip to Korea.


5. Medical Insurance

Employer agrees to provide medical insurance for Employee through group membership. Employer further agrees to pay fifty (50) percent of the monthly premium. Employee is responsible for the other fifty (50) percent, and Employee�s portion of the monthly premium is made through deduction from salary. Dental and pre-existing conditions are not included.


6. Job Description

1) English teacher/Instructor:

Employee as an English teacher, will direct and guide the students in English related subjects, 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.

2) Native English Speaker:

Employee, as a native speaker, will instruct the students in pronunciation and English related exercises. Employee will be provided with the necessary material to conduct such exercises. Minimal class preparation is required. Employee is expected to conduct the class without assistance. Korean teacher may assist. Employee is expected to do minimal amount of phone conversations with students when requested by the academic supervisor or the director.


7. Holidays/ Vacation/ Sick leave/ Tardiness notification procedures

1) Holidays: There are about 13-15 Korean National Holidays per year. Employee is not required to work on these days.

2) Vacation: Employee is permitted two weeks of paid vacation per year. (two set 1 week vacation: 1 week in the winter and 1 week in the summer)

3) Unpaid leave: Unpaid leave is permitted only under extreme and unusual circumstances. Extreme and unusual circumstances include, but not limited to, death or serious illness of family member in direct line. Upon presentation of proper notice and proof to the Employer, Employee may be granted up to seven (7) days of unpaid leave.

4) Sick leave: Employee is permitted up to four (4) days of paid sick leave per year. Unused sick leave may not to taken as annual leave. In order to be eligible for paid sick leave, when Employee is unable to attend class due to illness, he/she shall notify Employer, with an accompanying proof of illness from a physician, at least 3 hours prior to the commencement of the class. If Employee fails to notify Employer with proper proof of illness, the employer has the right to deduct one day�s pay for every day the employee is absent from work.

8. Release from contract

Both parties have the right to end the contract under one of the following circumstances:

1) The health of the Employee is such that it is deemed impossible for the employee to continue working.

2) Blatant misconduct by Employee either professionally or otherwise. If the employer believes that any conduct of the employee is blatant misconduct, the employer will give the Employee written notice that such conduct needs to be ended. Any second offense will be grounds to terminate the contract.

3) Employee violates Korean law.

4) 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 documents from respective embassies are presented.

Notification Requirement: Employer or Employee may annul the contract by giving a minimum of two (2) months advance notice in writing. In the case of Employer seeking annulment, reasonable and adequate grounds must be provided in order for the contract to be dissolved. Reasonable and adequate grounds for annulment includes, but not limited to persistent 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.


9. Legal action
If there is a 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 actions, for damages and attorney fees, against Employee. If Employee has left Korea altogether, Employer has the right to pursue legal actions outside of Korea.


Employer:



Address: _____________________________________________________________

Name of Employer: ___________________________________________________

Signature: ______________________________________________

Date: ___________________________________________________



Employee:

Address: _____________________________________________________________

Name of Employee: ___________________________________________________

Signature: ______________________________________________

Date: ___________________________________________________

[The Grumpy Senator]

I would be very catiuous with this.

30 teaching hours could mean anything. At my school, a teaching hour is 80 minutes. Find about that.

45 day wait for severance pay??? Hell no!!! What guarantee do you have if you have left the country?

No mention of National Pension Plan. This is the mandatory by law.

I would present these concerns to the school or your recruiter and do not take verbal "fixes" for answers. Make them redo the contract.

My gut says, do not accept.

[yetanotherSarah]

Also, tax on your salary shouldn't be 3-5% but somewhere around 1.9%. I make the same amount and my tax isn't that high.

[Zaria32]

It's very "standard" for contracts to have 3.3% or higher income tax withholding, but in fact the difference between the real income tax rate (under 2% is more accurate) and what is stated in the contract is usually pocketed by the institution.

The hold back period (you are paid some days after the end of the month) is unacceptable - it's in there to try to stop "midnight runners." If
they are worried about midnight runners, you don't want to work there.

And I agree, the 45 day business is ludicrous...you should receive the severance pay on or before your last day of teaching. Korean law supports the 45 days (I think) but Korean law also requires pension and accurate withholding etc.

[Otherside]

Agree with what other posters said...
Additionally, how can a contract contain this clause?
"There are about 13-15 Korean National Holidays per year"
There are 14 Korean national holidays...every year. However, from July 2008 - July 2009 ONLY 5 of those holidays fall on weekdays. Bare this in mind.

[Zaria32]

A contract can contain a clause such as you question because the contract is usually not rewritten more often than every millenia.

So "there are XX-XX Korean Holidays each year, and on those which fall on Monday thru Friday the school/hogwon will be closed."

The Korean government changes legal holidays often, as do many countries. Arbor Day was done away with in 2007 I think...could have been a year or two earlier. But XX-XX is what's in the contract because of the changes, and the fact that the contract is not rewritten.

[PRagic]

Should post this on the contract thread.