Korean Job Discussion Forums

[jibberjabber]

This is from one of those big chains, just wanted to know what people thought.

Thanks!

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The Company
THE SCHOOL


The employment agreement of THE SCHOOL
As it is now the ___________________________, 2003.

This document describes a contractual agreement between THE SCHOOL having its location at Deungchon-dong, Gangseo-gu, Seoul, Korea (hereinafter called Employer) and _________________________ (hereinafter called Employee), who agrees to teach as an English teacher at THE SCHOOL from _____________________ to ________________________ and the Employee agrees to work under the terms and conditions of this school.


1. APPOINTMENT AND ACCEPTANCE OF SERVICE

Employee hereby agrees to teach English for THE SCHOOL, and THE SCHOOL agrees to compensate the Employee for each month of instruction.

2. TERMS

The term of this agreement shall include 12 full and consecutive teaching sessions with scheduled vacations and holidays which fall between or during teaching sessions. The total agreement term is approximately 1 year, commencing from the first day of teaching to the last teaching session of the Employee�s last teaching day.

3. SCHEDULE

The Employer will teach English 5 days a week for a total of 30 hours per week. Classes and teaching schedule will be organized and may change in accordance with the needs and situations of the school and students. No regular schedule of work hours can be guaranteed to the Employees.

4. SALARY.

Salary is commensurate with both the ability and experience of the Employee.

The base salary paid for regular hours of employment will be 2.2 million Korean won per month without accommodation, or 1.9 million Korean won with accommodation. Payment of the salary will be made in won on the 5th of every month. As for the overtime teaching beyond 30 hours per week, the Employee will be paid fifteen thousand Korean won (15,000 won) per hour.


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Payment made for assigned Teaching period is inclusive of payment for preparation and administrative duties connected with those assigned classes such as attending staff meetings and training workshops, monthly evaluation, field trip and other similar participation scheduled by the Employer to assist the Employee�s professional development.

Any errors in compensation shall be reported to all parties affected within a week. The Employee will be responsible for Korean taxes. Income tax will be deducted from the salary according to the Korean tax law (Currently 4 to 8%). Also, tax for pension plan will be deducted from monthly salary.

5. SEVERANCE PAY

Upon completion of at least one full year of employment, the Employee will be given, exclusive of monthly salary payments, an additional equivalent of one month salary (1.9 million Korean won) as severance pay. Severance tax will be withheld. In the event that the Employee does not renew or extend employment under subsequent agreement with Employer, this payment will be made at the time of the completion of the contract period.

6. TRANSPORTATION

Employer will purchase for Employee an economy class air ticket for passage on regularly scheduled airline to Korea from an international airport which is mutually agreed to by Employer and Employee (henceforth referred to as �point of departure�). Once Employee completes the full contract period, Employer will purchase an economy class air ticket for passages back to the point of departure. In the event that the Employee continues employment under a subsequent employment agreement with Employer, the return air ticket will be provided at the end of the subsequent contract period(s).

In the event that the Employee resign within 6 months of his/her arrival in Korea because of the Employee�s faults, the Employee shall reimburse the Employer the airfare paid at the time of arrival in Korea. In the event that the Employee resign after 6 months from the Employee�s arrival in Korea and has not completed the contract, the Employer shall not give the Employee a returning ticket back to the point of departure.

On the other hand, if the Employer breaks the contract within 6 months due to the Employer�s faults, the Employer will have to provide a return ticket to the Employee even if the Employee didn�t finish his/her one-year contract.

7. HOUSING ( option )

Employer will select and provide furnished studio consisting of basic appliances (bed, television, refrigerator, washing machine, two-burner gas hot plate, steel wardrobe). If

THE SCHOOL Employment Agreement 2 of 7

the apartment is shared, then the utilities are shared between the persons sharing the apartment. Running cost of the accommodation (including electricity, gas, water bills and other utility charges) other than the rental cost of the housing will be paid by the Employee.

8. DEPOSIT

The Employer will deduct 200,000 Korean won from the Employee monthly payment for last two months before contract expired to make 400,000 Korean won in total as housing management deposit. This deposit is to cover unpaid monthly service, utility, and telephone charges that will be billed at following or next following month after the Employee�s contract period. Depending on a written guarantee from a guarantor acceptable to the Employer, the Employer agrees to return the deposit in full to the period of employment beyond that covered by this agreement. In the absence of such written guarantee, the Employer will hold the full amount of the deposit until all outstanding monthly service, utility, and telephone charges have been paid.

9. CELLULAR PHONE

A cell phone will be provided to all new Employees arriving in Korea. The cell phone should be given back to organization when the Employee is finished working for THE SCHOOL. The Employee will be responsible for his or her usage of the cell phone. In the event that the Employee loses his or her cell phone, the Employee shall pay for the new phone and this new phone will be belong to THE SCHOOL
CELL # _________________________________________________________

10. ORIENTATION TIME

The Employee will be allowed several days from the date of arrival in Korea for adjustment and school orientation before beginning regular teaching duties. Computation of initial pay period of the Employee will commence from the first teaching day. The orientation days will be spent in the school preparing for classes and learning instructional system.

11. MEDICAL INSURANCE

Medical Insurance will be provided to the Employee. Premium will be divided equally between the Employer and the Employee. The Employee must fill out a �Health History Form� prior to employment. Any expenses incurred by existing conditions shall not be the responsibility of the Employer.
Dental Insurance is not included in the Contract.



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12. ACCIDENT COMPENSATION

In the event that the Employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties, the Employee understands and agrees that the Employer will have no responsibility for, nor obligation to pay, medical and hospital costs which are in excess of those covered by medical insurance.

13. HOLIDAY

The Employee will observe holidays as scheduled by Employer and will be concurrent with THE SCHOOL�s scheduled term breaks. These holidays will be about 8 days over the period of one year, and will be in addition to the Korean statutory holidays observed. Neither statutory holidays or School�s holidays will be considered when calculating overtime for a given month.


14. EMERGENCY LEAVE

The Employee is permitted 5 days of paid emergency leave. This is permitted only under extreme and unusual circumstances. Extreme and unusual circumstances include, but are not limited to, death or serious illness of self or immediate family member. Upon presentation of proper notice and proof to the Employer. If the Employee fails to notify the Employer with the proper proof of emergency, the Employer has right to deduct one day�s pay (W 1,900,000/30) for every day the Employee is absent from work.

15. SICK LEAVE

The Employee may take up to 3 days of paid sick leaves per contract years. Unused or paid emergency leave days may not be taken as vacation days. When the Employee is unable to attend class due to illness, the Employee shall notify the Employer with an accompanying proof of illness from a physician within 2 days after his/her absence. If the Employee fails to notify the Employer with the proper proof of illness, the Employer has right to deduct one day�s pay (W 1,900,000/30) for every day the Employee is absent from work.

16. TEACHING MATERIALS

The Employee will be given materials to teach the class. The Employer is expected to work alone without a Korean English teacher�s assistance.



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17. WITH A REPLACEABLE INSTRUCTOR

If the Employee finds he/she will miss one of his/her classed, he/she shall find another suitable teacher for the class at all times during the term of this agreement of there must be an excuse acceptable to the Employer.

18. THE EMPLOYEE�S OBLIGATION

1) The Employee shall observe the Employer�s work system and regulations concerning administration and shall accept the Employer�s arrangement, direction, supervision and evaluation in regard to his/her work.
2) The Employee shall not be permitted to work outside the School without prior written permission from the Employer. Teaching for pay without the sponsorship of the School is illegal in Korea and is contrary to this Employment Agreement: violating of this rule may lead to immediate dismissal.
3) The Employee shall complete the tasks agreed on schedule and guarantee the quality of work.
4) Professional dress and grooming in the work are essential to maintain the desired reputation to the school. The Employer shall establish general guidelines for this.
5) The Employee shall be expected to prepare daily topics for the class beforehand.
6) The Employee is required to attend all the staffs� meetings. If the Employee shall be absent, he/she must inform the Employer 1-day prior to the meeting with an acceptable excuse.
7) The Employee must behave in a professional manner during class or when socializing with students after class.
The Employee may be required to interview new students and evaluate their placement level.
9) The Employee shall not be absent without the Employer�s permission.
10) The Employee shall respect the Korean people�s moral standards and customs.
11) The Employee shall not sexually harass the students.: violating this rule leads to immediate dismissal.
12) Any form of physical punishment will not be tolerated by the Employer.
13) At all times during the term of this agreement, the Employee will directly adhere to and follow all the rules and regulations that have been stated or may hereafter be established by the Employer regarding the conduct of the instructors at the place of employment.

19. RENEWAL OF AGREEMENT

Upon completion of one-year contract, both parties can renew the agreement under mutual consent. The Employee agrees to give a written notification of 60 days in advance if they intend renewing their contract.


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20. TERMINATION

1) Employer will have the right to dismiss Employee for unwillingness or inability to meet conditions of employment as set out under this Agreement, including neglect of duties. Prior to any such dismissal, Employee will be warned of dissatisfaction with performance or conduct and will be afforded an appropriate period on which to remedy the same.

2) This agreement can be terminated immediately by the Institute if there is sufficient evidence that the Employee has defaulted on the obligations as specified in this Agreement and there is manifest inability to perform Employee�s duties under this Agreement. In this case, the Institute shall have no responsibility to pay for the return air ticket of the Employee.

3) Criminal or other misconduct inside or outside the INSTITUTION that would in the opinion of the INSTITUTION seriously jeopardize any person or the reputation of the INSTITUTION, its students, or its staff, will be a cause for immediate dismissal and no warning time nor time for remedy will be allotted.

4) 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 INSTRUCTOR to continue.
b) Blatant misconduct by the Employee.

c) The Employee or dependants violate Korean law.

d) In the event of war, civil strike, or other disturbances of matter 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.

5) Incase of termination of contract before the completion of this one-year service by the Employee (except for unavoidable reasons such as the Employee�s serious illness or accident) the Employee is to return to the Employer the cost of the airfare thus incurred and one month�s salary. The Employer reserves the right to deduct this amount from any outstanding pay in order to satisfy this penalty.

21. ARBITRATION

The two parties shall consult with each other and mediate any disputes that may arise



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from the contract. If all attempts fail, the two parties can appeal to the Organization of Arbitration for Foreign Affairs in Korea according to Korean Regulations and Codes.


Both parties have come to an arrangement on the date indicated below which will take effect right away. These terms are legally bound to their signatures in witness of the Employer and the Employee. This arrangement will automatically expire when the contract ends if not renewed otherwise.

[Mr. Pink]

Thank God I don't have to see those lameass hawgwon contracts anymore.

That looks pretty much standard. The housing deposit of 400,000 is way too much if no phone is involved.

Also I might have missed it, but does that contract mention health care?

What year # is it for you working here. Just wondering on the salary. No idea what the going rate is these days for 30hrs a week.

[hellofaniceguy]

The list of "do not sign it" is endless. Pretty much a standard contract as far as korea goes. Useless. The contract should pretty simple; "x" amount of classes per month NOT hours! "X" amount of pay, 50/50 medical insurance, airfare, housing, etc. Severance pay? 1.9? wrong answer. If you sign for 2.2 then severance is 2.2. Severance is the same as your monthly salary or the average of your last three months pay. Vacation time? I would not sign that contract. Too many better ones out there.

[crazylemongirl]

you may want to check out efl-law they have a sample contract there.

CLG

[hadeshorn]

Nup I wouldnt sign it.

Also if you do go with them. Dont get their cell phone. Get your own and use PAYG.

[jibberjabber]

Thanks, I think I'll hold out for something better.

Thanks for the tip of EFL-law crazylemongirl.

They're being a little pushy to get me signed up to go so I think I'll bail. I have a feeling that's how the English business is over there though.

This would be my first year teaching but I have a TESOL cert (and the 12 graduate level credits from a University) if that really means anything which I would hope it does.

Is 8 vacation days to be expected? Basically it sounded like you get 4 days in the winter and summer plus some national holidays. Hmmm...

Oh yeah, I don't think I've ever had an easier interview in my life. Is that typical?

[Derrek]

[prairieboy]

Exactly as the others say, don't sign this contract. The biggest problem is that the total or minimum monthly hours of work is not even listed. So when does overtime payment start then? How long is a class? Is it one hour, 50 minutes, 40 minutes, etc.? If it's 40 minute classes then 15000 won for overtime is too low. If it's a 60 minute class you may actually have an overtime rate that is less than your regular per class rate.

In any case, don't sign it and tell them exactly why. Maybe they will realize that there are some things they should clarify.

Cheers

[phaedrus]

[chi-chi]

mods you may delete

[jibberjabber]

Yup Kids Herald.

Is there anyone in that country that doesn't have a messed up contract?

[Derrek]

My contract wasn't bad. Other than the "no dating coworkers or students" clause. My students aren't an issue, since they are kindy, but darn, I have some gorgeous coworkers!

[eudaimon]

I was offered this very same contract a couple of days ago. I thought they sounded alright. Not sure what to think.

[Gord]

[TheUrbanMyth]