Korean Job Discussion Forums

[afp120]

hey guys, help a noob out. I got this contract and appendix for a Hagwon.
I would really appreciate any advice or feedback you can give. They want this back in a few days so please respond right away! Thanks!


1) Work Period and Compensation
1.1 Subject to the terms and provisions of this Agreement, the Company hereby pay for the services of
the Instructor and the Instructor hereby agrees to offer services to the Company for the period
commencing on
, (the �End Date�), unless terminated sooner as provided in Section 2 hereof
on
(the �Employment Term). This Agreement shall be valid only upon the Instructor having successfully
completed the XXX training programme and in possession of a teaching
certificate issued from XXX. Refusal of Training of deliberate poor
performance as determined by Company will null and void the terms and conditions of this agreement.
1.2 During the term of this Agreement, the Instructor is required to prepare, teach, and perform all
required administrative duties relating to the classes assigned by the Company. The teaching
requirement is one hundred and ten (actual) teaching hours per month. (27 hours per week)
1.3 The monthly compensation for this employment shall initially be set at TWO MILLION THREE
HUNDRED THOUSNAD
(2,300,000) Korean Won, which shall be paid monthly only upon full
completion of all duties and obligations arising from the applicable month of employment. Salary will
commence from the first day of teaching and shall be pro-rated for the first month in the event that the
Instructor does not work for the full month during the first pay period. When an employee is absent
from scheduled teaching duties, salary will be deducted according to the substitute instructor�s
overtime rate. The Instructor shall be entitled to the payment of one (1) month salary of TWO MILLION
THREE HUNDRED THOUSAND
(2,300,000) Korean Won as severance pay upon the successful
completion of the full term of this Agreement minus any applicable taxes and other withholdings as
required by law. Severance pay shall be paid along with the salary for the tenth (10 ) month of
employment.
1.4 The monthly compensation, minus any applicable taxes or other withholdings required by law, will
th
be paid out on the 10 day of each month with the exception of holidays and other days that banks are
normally closed (including weekend days) in which case the monthly wages will be paid on the next
following business day.
1.5 The Company will assist in procuring adequate health insurance for the Instructor and make
applicable pension payments on behalf of the Instructor during the duration of this contract. The
Company and the Instructor will each bear fifty (50) percent of the total cost of health insurance and
applicable pension payments. The Instructor is required to return the health insurance card upon
completion or termination of this Agreement and to report to the appropriate organizations and
agencies, the Instructor�s change in employment status.
1.6 The Company will provide a relocation bonus of Two hundred thousand (200,000) and signing
bonus of Three hundred
1.7 The Company shall provide housing for the Instructor during the term of this Agreement. In the
event that this agreement is terminated by either party, subject to Article 2 below, the Instructor must
vacate the premises within seven (7) days of notice of termination. Any costs associated Instructor�s
failure to vacate the premises, including not limited to rent payments, legal expenses, and attorney
fees shall be paid by the Instructor.
1.8 The Instructor will be required to undertake orientation and training before commencing teaching.
The period of training and orientation will usually take half of a day.
1.9 The Instructor may be required to co-teach classes with other instructors. It is the instructor�s
responsibility to update and correspond with the co-teachers to remain class quality. The Instructor is
also required to attend periodic training sessions held by the Company in order to improve instruction
quality. The hours spent in relation to these periodic training sessions shall not be construed as
teaching hours and the Instructor shall not be compensated for preparing for, travelling to, or attending
such training sessions.
1.10 The Instructor is required to teach additional Special Classes during regular school vacation
periods (Spring, Summer and Winter Vacations) as the Company requires of the Instructor.
1.11 The Company shall pay Twenty three thousand (23,000) Korean Won for each hour taught by the
Instructor in excess of the one hundred and ten (110) hours per month as overtime pay.
1.12 The Company may, at its sole discretion, provide the Instructor with bonuses, stipends or other
additional remuneration provided that such bonuses, stipends or other additional remuneration shall
neither be expected nor required by either party.
1.13 The Instructor shall be entitled to seven (7) days of authorized leave per year to be taken in
addition to the usual national holidays. Subject to Article 3 below, the Instructor is required to comply
with the Annual schedule of Company and obtaining prior written approval from the Company for such
leave until the completion of six (6) full months of providing services under this Agreement, and may
not apply for authorized leave more than once in any consecutive nine (9) months. According to the
2010 of Class schedule, the instructor�s holidays are fixed and they are following; 28 July 2010 � 31st
st
July 2010 (Summer vacation) and 1 October 2010 (Founder�s day) and these days are included in
professional development leave.
1.14 The Company may request the Instructor to substitute for another instructor in another class,
provided that the teaching hours do not exceed one hundred and ten (110) hours per month. Hours in
excess of one hundred and ten (110) will be construed as overtime as stated in 1.10.

2) Termination
2.1 The Instructor or the Company may terminate this Agreement by providing sixty five (65) days
advance notice in writing. In order to protect the continuity of education for the Company�s students,
both parties will faithfully fulfill of their duties under this Agreement until its actual termination. In the
event that Instructor terminates this Agreement prior to the End Date, a sum of One Million (1,000,000)
Korean Won will be withheld from Instructor�s salary to subsidize the recruiting cost for a replacement
instructor on the part of Company.
2.2 The Company may terminate this Agreement without prior notice to the Instructor under Article 2.1
for any of the following reasons: (ⅰ)violations of the laws of the Republic of Korea; (ⅱ)being under
the influence of alcohol or drugs while teaching class or attending scheduled meetings; (ⅲ) Tardiness
to class on a continuous basis-two (2) or more times per three (3) month period; (ⅳ) endangerment or
contributing to the delinquency of a student (ⅴ) failure to keep regularly scheduled class hours on a
continuous basis; (ⅵ) absence from classes without prior approval from the Company; and (ⅶ)
breach of any covenants contained in Article 3 below.
2.3 In the event that the Instructor refuses the teaching class schedule as provided in Article 1.2 prior
to the Commencement Date or anytime thereafter up to the end of the term of the Agreement, the
Company may terminate this Agreement without prior notice under Article 2.1.

3) Covenants
3.1 The Instructor will do his/her utmost to deliver the highest quality of education in line with the
Company�s policies and programmes.
(a) The Instructor must observe all the required Student Management Procedures and
Policies set forth by the Company. The Instructor shall work in good faith to
accommodate the Company administration staff�s requests.
(b) The Instructor must adhere to the proper check-in procedure and arrive at his/her
classroom at least twenty (20) minutes prior to the beginning of classes each working day.
(c) The Instructor will refrain from requesting time off or excuse of performance of the
obligations hereunder for any reason until after the completion of six (6) consecutive
months of providing services [without tardiness or absence] and the Instructor is
prohibited from requesting leave time more than one in any consecutive nine (9) months
of employment.
(d) The Instructor must refrain from directly or indirectly causing any harm to the operations,
management or corporate image of the Company. The Company may terminate this
Agreement without prior notice to the Instructor should the Company determine that the
Instructor has failed to observe and abide by these provisions and the Company reserves
the right to pursue any and all remedies at law or in equity, including legal expenses and
attorney fees, to rectify or seek compensation for any breach or damages cause by the
Instructor.
3.2 Work Product. All original material produced by the Instructor in the performance of his/her
obligations hereunder during the term of this Agreement shall become and remain the sole property of
the Company.
3.3 Unauthorized Disclosure. The Instructor agrees and understands that in the Instructor�s position
with the Company, the Instructor has been and will be exposed to and receive information relation to
the affairs of the Company, including but not limited to technical information, customer information,
product information, intellectual property, computer systems, and other information concerning the
Company�s products, development, business policies and practices, and other forms of information
considered by the Company to be confidential and in the nature of trade secrets. The Instructor agrees
that during the term of this Agreement and thereafter, the Instructor will keep such information
confidential and not disclose such information, either directly or indirectly, to any third person or entity
without the prior written consent of the Company (unless such information is otherwise in the public
domain through no fault of the Instructor); provided, disclosing documents or information in connection
with any judicial or administrative investigation, inquiry or proceeding, provided the Instructor is
compelled to do so by court order or subpoena and notifies the Company as soon as practicable after
the receipt of such court order or subpoena. This confidentiality covenant has no temporal,
geographical or territorial restriction. Upon termination of this Agreement, the Instructor will promptly
surrender possession to the Company and refrain from using all property, keys, notes, pass codes,
memoranda, writings, e-mail accounts, lists, files, reports, customer lists, correspondence, tapes, disks,
cards, logs, machines, technical data or any other tangible products or documents in the actual or
constructive possession of the Instructor.
3.4 Non-solicitation and Non-disparagement. The Instructor agrees that the Instructor shall not during
the term of this Agreement and for a period of six (6) months thereafter (the �Restriction Period�).
Intentionally or knowingly, directly or indirectly, (ⅰ) interfere with the relationships of the Company and
Its Affiliates, or endeavor to entice away from the Company and Its Affiliates, any individual, person,
firm, corporation or other business entity who at any time during the term of this Agreement was an
employee or customer of the Company and Its Affiliates or otherwise had a material business
relationship with the Company and Its Affiliates, or (ⅱ) discourage, or attempt to discourage to
discourage, any individual, person, firm, corporation or business entity from doing business with the
Company and Its Affiliates. The Instructor agrees that during the term of this Agreement and thereafter,
he/she will not intentionally or knowingly, directly or indirectly, make or publish any negative or
disparaging statements, comments or remarks regarding the Company and it Affiliates, instructors,
employees, directors, or officers during the Restriction Period.
3.5 The provisions of this entire Article 3 shall survive any termination of this Agreement, and the
existence of any claim or cause of action by the Instructor against the Company, whether predicated
on this Agreement of otherwise, shall not constitute a defense to the enforcement by the Company of
the covenants and agreements of this Article 3.

4. Non-Waiver of Rights.
The failure to enforce at any time the provisions of this Agreement or to
require at any time performance by the other party of any of the provisions hereof shall in no way be
construed to be a waiver of such provisions or to affect either the validity of this Agreement or any part
hereof, or the right of either party to enforce each and every provision in accordance with its terms.

5. Entire Agreement.
This Agreement sets forth the entire understanding of the parties hereto with
respect to the subject matter hereof and supersedes all prior agreements and plans, written or oral
between them as to such subject matter. No party has been induced to enter into this Agreement by,
nor is any party replying on any representation or warranty outside those expressly set forth herein

6. Severability.
If any provision of this Agreement, or any application thereof to any circumstances, is
deemed invalid, in whole or in part, by a court of law or other governmental authority, such provision or
application shall to that extent be severable and shall not affect other provisions or applications of this
Agreement.

7. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws
of the Republic of Korea, without reference to the principles of conflict of laws. Any and all conflicts
may be resolved in a competent court in the Republic of Korea or through arbitration if both parties
agree.

8. Modifications and Waivers.
No provision of this Agreement may be modified, altered or amended
except by an instrument in writing executed by the parties hereto. No waiver by either party hereto of
any provision of this Agreement to be performed by such other party shall be deemed a waiver of
similar or dissimilar provisions at the time or at any prior or subsequent time.

9. Impracticability of Performance.
In the event of calamity, including but not limited to riot,
insurrection, war, or other emergency conditions, as well as significant changes in the law occurring in
the Republic of Korea and caused by acts of nature or of man, which may hinder or alter the normal
operations of the Company, this Agreement shall be deemed null and void and all obligations arising
herein shall be immediately terminated.

10. Headings.
The headings contained herein are solely for the purposes of reference, are not part of
this Agreement, and shall in no way affect the meaning or interpretation of this Agreement.
11. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall
be deemed to be an original but all of which together shall constitute one and the same instrument.
12. Confidentiality of Agreement. The remuneration and all terms of this agreement are strictly
confidential. Any dissemination or divulgence of its content by Instructor to other party or parties not
included in this agreement may result in the immediate termination of this agreement and null and void
all terms herein.
13. Instructor Representations. The Instructor represents and warrants tot the Company that the
Instructor is not subject to any agreement, written or oral, any law, regulation or similar enactment, or
any decree, order or similar action by any tribunal or government authority, which could, in any way,
restrict Instructor�s ability to negotiate, enter into or fully perform any obligations hereunder.


APPENDIX

1. Punctuality
Rationale 1: One of the core responsibilities of the Instructor is the management and counseling of his/her
students. In order to facilitate counseling of students in every class, the Instructor should review past grades,
students� history, and other data and documents related to his/her students and designate students for
possible counseling � whether that counseling is for praise, encouragement or any other purposes, Class
time is reserved for instruction and counseling only. A review of student history should be done outside class
time as a part of preparation or follow-up, since the well-being of students is the main priority of Company
and the Instructor, it is only the reason for instructors to be on the premises preparing for any relevant day�s
class or classes. Instructors are also required to welcome students during �Welcome time� (at the end of
class) and those time table is following; 3:50, 5:40, 7:30 (Monday, Wednesday and Friday), 5:40, 7:40
(Tuesday and Thursday).
Rationale 2: Punctuality is a crucial component of activities or operations befitting the Instructor. Due to the
obvious unpredictability of Korean traffic and other unforeseen circumstances, the Instructor should begin
their commute to the premises with a reasonable buffer time in order to ensure his/her punctual arrival for
smooth and professional classes.
Due to the above reasons, the Company may monitor and track the time of arrival of every instructor to verify
that all instructors arrive on time for class. Although it is suggested that Instructor arrives at least 20 minutes
before the start of each class, all instructors are required to put their signature in the log-in form an hour and
half prior to the class. All log-in procedures must be done in XXX and must be done by him/her.
Furthermore, the Instructor shall attend any and all his/her classes from the start thereof (the �Punctuality
Rule�) and the Instructor acknowledges that the Company will not tolerate any violation of such Punctuality
Rule. The Company is extremely sensitive to any violation of the Punctuality Rule by the Instructor because
such violation is the most conspicuous index of instructors� unprofessional behavior. It is an indication of a
lack of responsibility, a poor work ethic, and a blatant disregard of the trust that the Company has received to
educate Korea�s children. Therefore, the following guideline shall be used in order to promote not only
awareness but also certainly of the results of such violations, and the Company requests that the Instructor
do his/her utmost to maintain the level of professionalism required to abide by the guidelines below.
Violation of log-in During 1 Term of 3 Months
Number of
Violations
1
Notification (Online and Offline)
2
Notification (Online and Offline)
3
Probation without eligibility for additional fee-based
4
assignments for two terms (6 months) + Notification
5
Termination of the Agreement
Violation of Punctuality Rule During 1 Term of 3 months
Number of Violations
1
Deduction of payment in accordance with the formula
below + Notification (Online and Offline)
2
Deduction of payment in accordance with the formula
below + Probation without eligibility for additional fee-
based assignments for two terms (6 months) +
Notification (Online and Offline)
3
Termination of the Agreement
The formula for payment deduction: Payment for services provided by the Instructor Article 1 of the

Agreement shall be deducted by the missed class time, which shall be calculated by rounding up
any minutes of class time, during which the Instructor fails to attend the relevant class, to the nearest
hour (for examples, being late for 1 minute will result in deduction of payment for 1 hour and being
for 61 minute will result in deduction of payment for 2 hours.)

2. Absence without Prior Notice
Any absence from a scheduled class without at least 24-hour prior notice and approval from the Company
shall constitute a violation of the Punctuality Rule for the purposes of considering probation or termination of
the Agreement but not for the purpose of payment deduction under the Punctuality Rule.

4. Probation
Any instructor who fails to comply with any of the guidelines set forth herein may be placed on a probation for
a period from thirty (30) days to one hundred and eighty (180) days depending on the nature and extent of
the failure. The consequences of being placed on probation are as follows:
a.
Instructor is ineligible for performance bonuses, and any other additional fee-based assignments at
Company during the period of probation;
b.
Instructor may be required to log in early and submit lessons plans on the paper under supervision;
c.
Instructor may be required to attend additional training sessions;
d.
Instructor may not request professional development leave during the period of probation;
e.
Lack of immediate and sustained improvement by the Instructor during the period of probation may
lead to immediate termination of Agreement;
f.
Any further infractions to Company guidelines may lead to the immediate termination of Agreement;
and
g.
Possible termination of Agreement at the end of the probation term in the event that the Instructor
receives below-average performance rating (below 25%) during the period of probation
Instructors, including the Instructor, who have committed any of the following violations or any combination
thereof may be placed on probation based on the nature and extent of such violation(s), or deemed to have
breached the terms of the Agreement, for which the Company may terminate the Agreement under Article
3.2:
1.
Three or more violations of the 30-minute rule during one (1) term;
2.
Five or more violations of the 30-mintue rule during any six (6) month period;
3.
Two or more actual case of tardiness from class during one (1) term;
4.
Three or more actual case of tardiness during any six (6) month period;
5.
Tardiness to or failure to attend scheduled meeting and training sessions on two (2) or more
occasions during one (1) term without prior approval;
6.
Requests for sick days or emergency leave on a continuous basis;
7.
Unauthorized use of the computer for personal purposes during class including but not limited to
playing games, using messenger, using the Internet, and creating documents or files;
8.
Leaving the classroom during scheduled class hours (other than during break times);
9.
Failure to properly check Company communication portal and related account on a daily basis or
otherwise fail to receive and respond to communications from Company on a continuous basis;
10. Failure to properly complete and provide information pertaining to classes or requested by
Company staff on a timely basis including, but not limited to, student grades, overall student
evaluations, scheduling preferences, and level placements;
11. Failure to return homework, quizzes, exams, or other class materials to students within a timely
basis;
12. Improper conduct leading to a complaint from a student, parent, faculty, staff, manager, officer, or
director where an investigation into the matter reveals that the Instructor was at fault and that his/her
actions caused harm to the reputation or the work environment at Company;
13. Conduct unbecoming an Instructor including but not limited to violation of the laws of Korea,
contributing to the delinquency of a minor, causing a public disturbance, and public drunkenness; or
14. Poor work quality evidenced by unsatisfactory performance ratings at the end of any academic term.

5. Conduct
The Instructor shall not engage in using any foul language, mature content, or otherwise themes/materials in
any class, In addition, the Instructor shall observe all Korean laws and regulations as a responsible Korean
citizen or visiting foreign national, as appropriate.

6. Professional Development Leave
The Instructor is entitled to apply for up to 7 consecutive days (class days and non-class days included) of
unpaid professional development leave after the first initial six (6) months upon commencing teaching series
at Company. One (1) additional day of leave shall accrue for every nine (9) month period after such initial six
(6) month period.
Requests for professional development leave must be made to XXX preferably prior to the
commencement of a new academic term, but in no event shall such request be considered unless submitted
at least thirty (30) days in advance.
If the Instructor does not take all of the days of leave permitted hereunder, such remaining days of leave shall
not be carried over to any extended or renewed term of the Agreement beyond the Initial Term.
Except in case of emergency, instructors may not apply for professional development leave or substitute
class during the first three weeks of any academic term. The reason is that students and class stability is
most sensitive during these periods of a given academic term, and require the utmost care and attention by
both Instructor and Company management.
If the Instructor teaches any intensive classes, he/she shall not apply for professional development leave
during the period of such classes.

7. Sick Days
Instructors may request a substitute instructor for his/her classes in the case of emergency. Substitute
classes may affect professional development leave eligibility depending upon the nature of the reason for the
missed class. In the event that the Instructor has taken two (2) or more sick days or emergency leave days
during one academic term, he/she shall be ineligible to request professional development leave time for the
following academic term, in addition to any other restrictions that may apply.

8. CCTV
The purpose of CCTV is (1) to serve as a resource for all the instructors of the Company, including the
Instructor and (2) to serve as a monitoring tool.
The primary purpose of the CCTV system is not for Company and its training consultants to monitor
Instructor performance, but rather for all instructors, including the Instructor, to continue developing their
skills. Hence all instructors, including the Instructor, will have access to (ⅰ) their own classroom footages
and (ⅱ) classroom footages of other instructors when accompanied by the head instructor of the Company to
observe the best examples of teaching skills and methodologies.
CCTV as a monitoring tool serves a vital role in not only evaluating the instructors, including the Instructor,
but also serves as a blanket of protection. The Company may verify student complaints and defend its
instructors, including the Instructor, when complaints are groundless.

[ttompatz]

[afp120]

I could have sworn i was posting this in the sticky! I guess you have to post it as a reply not as a new post?
oops my bad.
Thanks for the tips.

[Troglodyte]

This is a typical crapwon contract. Employers and recruiters seem to just cut and paste them from somewhere. They love to put in those clauses to cover their own butts and take advantage of their teachers.

Recomendation - don't sign it. Don't work for them. Don't even negotiate with them.

Most employers have no idea what they actually have in the contract and don't care. It's seen as a general guide for the relationship between employer and employee, not as something binding. So.... if they are thinking of putting in some of these paragraphs then you can clearly see how they think. If you work for them you WILL get shafted.