Korean Job Discussion Forums

[helpadviceneeded]

고 용 계 약 서
(Contract of Employment)

고 용 인 : (주)정상제이엘에스 대표이사 박 상 하
(Employer to be referred to as Director) (XXX CO., LTD. Park, Sang Ha)

피고용인 : Jane Doe
(Employee to be referred to as Instructor)

상기 양측은 아래의 고용조건에 합의한다.
(The above employer and employee agree on the following conditions.)

1. 근 무 처 : ㈜정상제이엘에스 평촌분원
(Place of employment) (XXX _Pyeongchon Branch)

2. 직 위 : 영어 강사
(Position) (English Teacher)

3. 고용기간 : 2008.12.01 ~ 2009.11.30
(Period of Employment)

4. 근무시간 : 1일 6시간 정도로 하며, 1주일에 5일 근무한다.
(Hours of Work) (average six hours per day and five days per week.)

5. 급 여 : 1개월당 2,300,000원이며, 1개월에 한번씩 원화로 지불하고, 피고용인은 한국의 세법에
의하여 소득세 납부 의무가 있다.
(Payment) (2,300,000 won per month, paid at the last day of each month in Korean currency.
Employee is obliged to pay income tax according to the Korean Tax Law)

6. 고용관계 : 피고용인은 현재의 고용인 이외의 다른 피고용 행위 또는 개인교습 행위가 엄격히 금지된다.
(Employment) (Employment by another employer other than your present employer as well as
private tutoring are strictly prohibited.)

7. 기타조건 : 본 계약서에 기술되어 있지 않은 사항은 본 학원의 인사관리 규정에 정한바에 의한다.
(Others) (The regulations of XXX FLI concerning personnel management and performance of work will be applied unless otherwise specified in this contract.)

8. 계약일자 : 2008/10/30
(Date of Contract)

9. 서 명 : Employer (주)정상제이엘에스 대표이사 박 상 하
(Signature)
Employee Jane Doe


Contract Stipulations and Work Regulations for Instructors of XXX School

1. Transportation to/from Seoul: The teacher is responsible for arranging his or her own air ticket to Korea. 1,200,000 won will be given to the teacher, paid on their first paycheck, to cover the cost of the flight. Upon completion of the one-year contract, XXX will pay additional 1,200,000 won on their last paycheck for airfare from Seoul to any location in which the instructor desires. Applicants who are already in Seoul, and need to travel to another country to get their visa re-stamped, will be provided 1,200,000 won to do so.
2. Salary: The base salary for first year teachers is 2,300,000 won. Salaries will be paid monthly, at the end of every month. Instructors should respect the confidential nature of individual contracts and not disclose or discuss their salary with any other person(s) both related and unrelated to XXX with the exception of their supervisor or director. Instructors must open a bank account in Korea and provide XXX with the account number in order for their salary to be directly deposited into that account.

3. Minimum Salary Guarantee: XXX guarantees and undertakes to pay the minimum monthly salary where, through no-fault of the instructor, conditions do not allow the instructor to fulfill their obligation to work a full week. This means that although the instructor may work less than an average of six hours a day for five days per week, XXX will still pay the instructor the full contracted monthly salary.

4. Income Tax: Taxes will be deducted from the instructor�s monthly salary as per the Korean Tax Law (approximately 6%)

5. Healthcare: The instructor and XXX will each pay 50% of the monthly premium for medical insurance as provided by the Korean Medical Insurance Act. (approximately 2.5%)

6. Housing and Maintenance: XXX will provide and pay for the rent and key money of a fully furnished apartment. When the instructor arrives to the apartment, and prior to departure they will go through a checklist with XXX staff of all housing amenities.
- The instructor is responsible for the monthly utilities and any other incidental costs of living, such as newspaper, cable, internet, building maintenance fee, etc. Instructors with their own housing will be provided a monthly housing allowance of 700,000 won.
Teachers who choose to take the housing provided by XXX may be required to pay the remainder of the lease should they choose to find their own housing in mid-contract without sufficient prior notice of their intent to change residence, (please be aware that in such a case, the teacher would be required to pay the building maintenance fee in addition to the rent and thus, XXX does not recommend changing housing mid-contract without sufficient planning ahead in coordination with the school). Instructors must give at least 2 months notice on their intent to change housing to their directors to avoid paying any of the mentioned penalties.

7. Vacation Periods: Holidays are as follows:
-- 1) Public holidays as set by the Korean Government are approximately 15 public holidays a year. This number can fluctuate on certain years due to holidays falling on weekends.
-- 2) XXX holidays: Instructors will have a total of 9 days paid vacation; five days off in the summer, and four days off in the winter, (not including the first Saturday of each week if the instructor works Saturdays). If Christmas day falls on the weekend, then the instructors will have five days off in the winter.
---- The exact dates of these holidays may fluctuate slightly as they are scheduled to coincide with the holiday schedule of the Korean public school system. The summer holiday is usually at the end of July/beginning of August, and the winter holiday falls between Christmas and New Years Day.

8. Special Duties: Instructors will be required at various times throughout the year to work on special projects such as assisting in producing and editing new teaching materials, instructing other teachers, recording audio tapes, actively participating in events and activities held by XXX, and any other matter which XXX may reasonably require the instructors to perform on behalf of the school (such as new instructor training and advertising-related activities). Salary bonuses for-extra duties are regularly awarded (even though the instructor may not have worked the full contracted 30 hours per week), the amount of which is at the discretion of the director.

Employee�s Initials:
9. Extra Duties and Overtime: Under certain circumstances (such as a shortage of staff, illness of a fellow staff-member, etc.) instructors may be requested to temporarily pick up extra classes or teach Saturday classes. Extra pay for extra classes taught during the regular work week (Mon.-Fri.) will be provided only if the instructor exceeds his or her contracted 30 hour work week.
---Classes taught during the work week which exceed the contracted 30 hour work week will be paid an overtime rate of-30,000 won per hour and classes taught on Saturday will be paid an overtime rate of 50,000 won per hour.
---Saturday classes are usually optional although the instructor should be aware that occasionally special circumstances arise in which the instructor may be required to work Saturdays temporarily until a replacement teacher can be found. Such an occurrence is very rare.
Furthermore, teachers are required to attend all staff meetings and workshops. Attendance at scheduled staff meetings and workshops (which is mandatory - no pay) cannot be considered as overtime.

10. Work Outside of XXX: As per Korean Immigration Laws regarding foreign workers, the instructor is not allowed to have other jobs such as teaching private lessons or working part-time at another institute without the expressed consent of-XXX. The instructor is also not allowed to use or make available for use to anyone (other than a member of XXX and for-the purposes of XXX) any materials or methods used exclusively by XXX. XXX reserves the right to terminate an instructor�s contract upon the breach of these regulations and the instructor will be subject to the laws of Korea in this regard.

11. Code of Conduct: The instructor is expected to follow the rules and regulations of XXX; if the instructor willfully damages the reputation or does anything to bring disrepute or harm to the school, XXX reserves the right to-terminate his or her contract.
Teachers must be reliable and cooperative when interacting with administrative staff, especially when dealing with immigration matters. Failure to do so can result in termination of contract.
Within the circle of XXX branches, instructors are strictly prohibited to compare schedules, working hours, and salaries, as the management of each school is ruled by each director�s personal policy and business environment. Opinions and suggestions on these matters can be discussed during the period of renewal of contract.
Other regulations to be followed by the instructor:

1. To be punctual at all times.
2. To conscientiously prepare for classes (including making lesson plans when necessary, tidying up the classroom at the end of the day, returning teaching materials to their appropriate places, correcting homework, preparing report card marks, etc).
3. To teach students with enthusiasm, care, and sincerity.
4. To establish positive, communicative, and harmonious relations with co-teachers and XXX staff.
5. To contribute to the continuing development of new teaching methods at XXX.
12. Criminal Background Check: For the safety of the students and staff at XXX, all teachers will be required to give a criminal background from their home country and Korea. If an instructor is discovered to have a criminal record at any point during his or her employment with XXX. XXX reserves the right to terminate the instructor�s contract immediately.

13. Sick Days and Family Emergencies: Upon illness or family emergencies, instructors are required to directly notify their school and supervisor as soon as possible. Instructors who are absent from work are also required to submit to XXX written confirmation of their illness (physician�s diagnosis/certificate, pharmacist�s prescription, etc.) or family emergency. Days absent are subject to a proportional reduction in salary for the month in which they occur, at the director�s discretion.

14. Renewal of Contract: Monthly salary will be increased at a rate negotiated between both parties if the instructor chooses to resign after the completion of each contract. Any increase in pay must be kept strictly confidential and under no circumstances be discussed with other teachers or employees. If the instructor resigns under a six month probationary contract, pay may not necessarily be increased.




Employee�s Initials:

15. Contract Completion Bonus: Upon successful completion of the contract the instructor will be entitled to a bonus consisting of the equivalent of one month�s salary. The instructor is also required to leave an amount of
400,000 won-which will be withheld as bond from the final bonus to cover the cost utilities, phone bill, and other incidentals for the last month of the instructor�s stay in Korea. The bond, or the amount remaining after the settlement of all outstanding bills and accounts, will be sent to the instructor. Instructors who complete consecutive contracts with XXX will receive their bonus at the time of completion of each contract; the bond will only be withheld from the final bonus.

16. Pension: The employee will pay into the Korean Pension Program at a rate of 4.5% per month. Upon the employee�s departure from Korea, the employee will receive this money back plus an additional 100% of the total sum accumulated over the duration of the employee�s time at XXX.

17. Early Termination of Contract: Any instructor wishing to terminate his or her contract before completion of the contract term must give written notice to XXX at least 2 months prior to their expected date of departure. During this 2-month period, the instructor is expected to perform his or her duties conscientiously until a replacement or substitute is found. In addition, any instructor wishing to terminate his or her contract within the first year of employment is required to pay back the cost of airfare to Korea that was given to the instructor by XXX at the start of the contract period. In addition, termination of the contract within the first year will result in the instructor not receiving compensation for his or her return airfare. Any instructor who has already completed a single contract and who wishes to terminate his or her current contract early will not have to pay back their original airfare and will be given their final 1,200,000 won for return airfare providing they give two months written notice of their intention to leave. XXX pledges to diligently-search for a replacement as soon as possible upon receiving the instructor�s written intention to terminate the contract.

18. The rules, regulations, and stipulations of this document, along with the document titled Contract of Employment (which stipulates salary, term of employment, position of the employee, location of employment, etc.), shall be considered to-constitute the contract between the instructor and XXX.



I, the undersigned employee, agree to and shall abide by the rules and regulations set forth in this document.

Signature of Employee: Jane Doe

Signature of Employer: ____(주)정상제이엘에스 대표이사 박상하_____

Date: 2008/10/30

[Monkey82]

Hmmm...

Again, I'm not an expert, but here's a couple of things I picked up (or think I did)

a) 6% tax? I thought it was less than that. I got 3% off at my hagwon, and i thought it was supposed to even be less than THAT.

b) it still seems like you're expected to reimburse them for you airfare to Korea even if you work as much as 11 months. I thought the standard was if you work 6 months, your airfare to Korea was covered. If you left after that you were responsible for the airfare home. But I may be reading that one wrong.

c) Regarding the 1.2 million won for airfare - check that that's actually enough to cover your airfare. I don't know where you're coming from, but that's only $936 US according to xe.com.

d) The only other thing I picked up on, and technically they're not lying, is the approximately 15 days national holidays. I read somewhere else on this forum that the 2009 calendar year has 90% of the holidays falling on weekends. So don't count on many more days off other than your 9.

[plynx]

one, someone is going to point out that there's a (sticky) contract review thread and you should stop posting your offers here.

two, that's the standard JLS contract. 2.3 mil. is a terrrible wage, especially now, and the taxes at 6% suck ass. move on.