Korean Job Discussion Forums

[helpadviceneeded]

English Center
Work Contract 2008~2009

This employment contract (hereinafter this "Contract") is made by and entered into between the Sponsor of English Center (hereinafter "Employer"), and the native English teacher (Name) ____________________ (hereinafter "Employee") a(an) ______________ citizen residing at
_________________________________________________________________________

Article 1 (Purpose)
This contract is made for the purpose of setting forth the terms and conditions of employment for native English teachers who work in English Center.

Article 2 (Status of Employment)
Employee shall be hired pursuant to this Contract as an English Language Instructor (ELI)

Article 3 (Duties)
The ELI shall perform the following duties:
1. Plan and conduct English classes in levels assigned by Employer, using texts and course syllabi approved by Employer;
2. Assist with and participate in activities related to the instructional programs of English Center, including but not limited to departmental planning meetings, general faculty meetings, and special presentations;
3. Assist with projects related to the activities concerning international cooperation carried out by English Center;
4. Assist Employer with out-of-classroom activities related to the regular curriculum of English Center, including, but not limited to, field trips and school-wide assemblies, as well as other extracurricular activities within Xxs�s English Center;
5. Assist with the development of teaching materials, supplementary materials, tests, evaluations, and other programs related to English language teaching;
6. To assist or conduct teacher training for new ELIs under the direction of Employer;
7. To assist, monitor, and supervise ELIs in their teaching methodology and implementation, and classroom conduct under the direction of Employer;
8. To perform other duties as designated by Employer;
9. All materials developed by the ELIs while working for Xx�s English Center will become the property of Xx�s English Center, and Employee shall not seek compensation and/or payment beyond what is stated in this Contract.

Article 4 (Supervision)
Employee shall carry out the duties set forth in the foregoing Article 3 pursuant to and under specific instruction with supervision of the Employer during the period of employment.

Signature: Employer_____________________ Employee_____________________


Article 5 (Period of Employment)
The period of Employment shall commence on _________________, 2008 and end on _________________, 2009, beginning and ending within the Republic of Korea.

Article 6 (Work Hours)
1. Employee shall work six (6) teaching hours per day for five (5) calendar days per week on Monday to Friday and shall not work on Saturdays, Sundays, and any national holidays of the Republic of Korea.
2. Employee must attend 2 workshops organized by Xx�s English Center. These workshops are on Saturdays and the employee will not be paid for these days.
3. Employee must attend a half day conference held by the Seongnam-City Board of Education. The employee will not be paid for these days. This is compulsory if you want to teach in the City of Seongnam.
National holidays shall not include any provisional holidays such as cultural, festival, or election days, set up temporarily. Employer shall decide whether to close the school or conduct classes for these days.

Article 7 (Salary)
1. According to Article 6-1, Employee shall be paid the total amount of _________________________.
2. According to the pertinent laws of the Republic of Korea, all applicable taxes, including, but not limited to, the Korean income tax, shall be withheld each month from Employee�s salary.
3. Employee's salary shall be paid on a pro rata basis the (10) tenth day of each month. If this day falls on a National Holiday, Saturday or Sunday, the salary will be paid on the immediately following business day.
4. When Employee has not worked a full month, salary for that month shall be paid on a pro rata basis either from the first day or until the last day of work.
5. If Employee should be absent from Work without having obtained a prior approval, Employee's salary for that month shall be deducted by the amount calculated on a pro rata basis for the number of unauthorized absent days.
6. If Employee works fully until the end of the Period of Employment, Employer shall pay Employee severance pay, equivalent to the amount stated in Article 7-1.
7. Employee shall not claim against Employer any compensation and/or payment other than those provided for in this Contract.

Article 8 (Housing)
1. Employer shall provide Employee with housing selected by Employer, and Employer shall pay full monthly rent and deposit on the housing selected. Housing selected by Employer may include, but might not be limited to, a leased house, studio, or an apartment that will be not shared by other Employees. Any and all fees, charges, costs, taxes, expenses, etc., incurred in using the housing shall be paid by Employee.


Signature: Employer_____________________ Employee_____________________

2. If Employer is not able to provide housing for Employee, Employer shall provide Employee with Korean Won per month, as a rent subsidy, in lieu of the housing set forth in the foregoing Article 8-1.
3. Employer may provide temporary housing until the appropriate housing for Employee becomes available.
4. Employer shall decide whether to provide Employee with housing or a rent subsidy. Once decided, Employer's decision shall not be subsequently changed during the Term of Employment.
5. If Employer provides housing to Employee, Employer may provide appliances and furniture, and Employee shall not request or demand any other appliances or furniture than those provided by Employer.
6. Employer shall deduct a security deposit of 300,000 won for utility bills. 150,000 won will be deducted by the employer from the first salary and the second salary. The deposit will be paid back after your last month�s utility bills have been settled by the employer.

Article 9 (Airfare)
1. Employer shall provide the Employee round-trip, economy-class airfare for the route between Seoul-Incheon International Airport and the nearest International Airport where the Employee resides in his/her country on completion of the full period of employment.
2. All connecting flights within the Employee�s home country, or any other flights not provided for in the travel itinerary authorized by Employer, shall be paid for by Employee.
3. If Employee�s contract is terminated before the end of the period of employment, whether by Employee or Employer, Employer shall not provide the ticket stated in Article 9.1
4. Employer shall retain possession of the one way-trip ticket until Employee has completed the full period of employment, and all duties within that period, or if terminated, until Employee has repaid the loan in full.

Article 10 (Other Benefits)
Employer shall provide Employee with medical insurance through an insurance company. Fifty (50) percent of medical insurance premiums and fees shall be paid by Employee, and fifty (50) percent shall be paid by Employer.

Article 11 (Paid Leave)
1. Employee shall be entitled to a paid leave for a total of ten working days during the Period of the Employment set forth in Article 5.
2. Employer shall decide the period of Paid Leave according to Xx�s English Center's schedule.
3. Employee shall be entitled to a sick leave for a total of 3 days with having obtained a prior approval. Employee shall not abuse the sick leave and must submit a medical certificate from a medical doctor with the diagnosis of the illness if requested by Employer.

Signature: Employer_____________________ Employee_____________________


Article 12 (Codes of Conduct)
1. Employee shall not behave in any manner that may damage or tarnish the reputation of the teaching profession. Employee shall comply with and observe any codes of conduct applicable to Korean teachers.
2. Under Korean immigration law, Employee shall not receive pay from any other job, including a part time job, outside the duties of Xx�s English Center, during the Term of Employment set forth under Article 5.
3. Employee shall not be involved in any activities, which may cause harm to the students or be of detriment to the reputation of Xx�s English Center.

Article 13 (Termination of the Contract)
1. Resignation
If Employee wishes to resign from the Xx�s English Center and terminate this contract, he/she must give Employer thirty (30)-days prior, written notice of resignation stating a date of and a reason for resignation. If Employee chooses to resign, the airfare for the return flight shall be paid by the Employee and his/her VISA shall be cancelled for E2 VISA holders.
2. Termination by Employer
Employer may terminate this Contract for any one of the following reasons:
①. If Employee violates the laws of the Republic of Korea.
②. If Employee fails to perform or unsatisfactorily performs any of the duties stipulated in this Contract for any reason.
③. If Employee is absent from work for more than three (3) days without Employer�s authorization.
④. If it is determined that Employee is prevented from or incapable of performing his/her duties set forth in Article 3 hereof for a medical reason, whether it is a physical or psychological ailment. (If requested by Employer, Employee must be immediately available for a medical examination.)
In the event that this Contract is terminated pursuant to the foregoing Article 13, Employer shall pay Employee a pro rated, monthly salary based on the number of days actually worked by Employee during his/her last month of employment. The Employee shall immediately refund the airfare loan according to the terms under Article 9.

Article 14 (Confidentiality Agreement)
This Contract, and all its contents, is entered into on the basis of a strict, confidential agreement between Employee and Employer. Employee shall not disclose any information, and/or contents of this Contract to any third parties without having received prior approval from Employer. Unauthorized disclosure of this Contract, in whole or in part, whether intentional or unintentional, shall result in immediate termination of Contract. In such a case, it shall be considered a termination of contract on Employee�s part and the terms of Article 13 shall be applied.



Signature: Employer_____________________ Employee_____________________


Article 15 (Miscellaneous)
Matters not explicitly stated in the Contract shall be determined by Employer by taking Employee's concerns into consideration.

Article 16 (Indemnity)
Employee shall indemnify for and keep Employer harmless from any liability or damages arising from, or in relation to any negligent or illegal activity of Employee, whether intentional or unintentional, during the Period of Employment under this Contract.

Article 17 (Governing Law and Venue)
The terms of this Contract and the rights and obligations of the parties named herein shall be interpreted solely according to the laws of the Republic of Korea. If a dispute or disagreement arises in connection with this Contract, the parties shall first try to resolve it in good faith. However, if the parties fail to resolve such disputes to their mutual satisfaction, their disputes shall be resolved by arbitration in Seoul, Republic of Korea, according to Commercial Arbitration Rules of the Korean Commercial Arbitration Board.

Article 18 (Signature)
In witness whereof, the parties hereto sign Contract in triplicate on the date entered below with each party retaining one copy and submitting the third copy for Employee's visa application.



Dated: , , 200__
Employer's Signature

_________________________________

Name : ___________________________
Position : Director of
English Center



Dated: , , 200__
Employee's Signature

_________________________________

Name : ___________________________
Passport number : __________________
Address : _________________________
_________________________
_________________________

[TheChickenLover]

Not a good contract & there are numerous threads showing exactly. I hate deductions, never had one given to me that ever stuck. They are essentially holding it hostage to keep you from running.

A very bad sign imho.

As for the other terms....the contract is a standard crap contract.

Pass on it.

Chicken

[EzeWong]

[jellobean]

And the part about paying on the 10th... Is that for the previous month? If so, don't accept delayed pay!

[Korussian]

[Monkey82]

[jadarite]

Make sure your salary reflects "6 hours per day". I would not accept the job at 2.3 or less.

If you cancel the contract, then yes, you shouldn't get airfare back. However, if they cancel it, then basically what they are saying is they can keep you for a few months, make up some bogus reason to fire you and they won't lose anything.

This is the first time I have seen it in the contract that they won't pay if they fire you. Kind of strange.

As for being paid on the 10th, this may not be bad. Will they also pay for the work you did from 1-9? Even if they say they won't, it's possible they will pay earlier. I had the same arrangement in my contract, but the hagwon actually paid me on the 2nd or 3rd of each month.

If anything, it will keep you managing your money better. If a hagwon is going to screw you, they aren't going to worry if it says 10, 1, or 30. They will find a way to screw you.

Going to Korea is easy. Either they give you an E-ticket to print out, or you don't go. You don't have to worry about how many stopovers are needed. I had to do 3, and I DIDN'T PAY A DIME.

If they play games with when and where they don't have to pay, look at another contract. Don't even negotiate with them. No reply is a good kick in the system to let schools know we aren't coming here to be prisoner.

[Huh Kyung-young]

This belongs in the contract discussion sticky thread.

Thread locked.