Korean Job Discussion Forums

[ms_casillas]

Hi !!

New to all of this and was wondering what you all thought of this offered contract thanks a bunches !!

This EMPLOYMENT AGREEMENT has been made on this day June ____, 2009 between _______(hereinafter referred to as the "Employer") and ________ (hereinafter referred to as the "Teacher"). The teacher is hereby hired by the Employer and both parties agree on the following terms and conditions:

1. PERIOD OF EMPLOYMENT
1) The total Agreement term is approximately one year, commencing from June ____, 2009 to June ________, 2010(twelve teaching session).

2) The term of the Agreement means twelve (12) full and consecutive teaching sessions, and all scheduled vacations and holidays that fall between for during teaching sessions.
But the employee needs to have rest time to prepare teaching plan, outlines, and material, it will be better to arrive at Korea before three weeks which teaching session starts. If the employee keeps this, the employer will pay half month payment for the employee.

3) The teacher agrees to discontinue residence in Korea under the visa status sponsored by the employer within five days of completion of this employment.

2. SALARY & OVERTIME
A monthly salary is 2,200,000 won. Teacher need to work from 8:30am to 3:30pm per day (Monday thru Friday). The salary will be paid every 1st day of every month. If the teacher works over regular time, the school will pay 20,000 won per class time. Payment made for assigned teaching periods is inclusive of payment for preparation and administrative duties connected with those assigned classes such as attending the staff meetings and training workshops, evaluating children levels and other similar participations scheduled by the Employer to assist the Employee's professional development.

3. AIRFARE
The employer will pay round trip airfare for the employee.

4. SEVERANCE PAYMENT
The Employee will be given 70% bonus of one month payment(this means severance payment) for completing one year contract period. This amount will be paid at the time of, and is dependent on the completion of the full contract term.

5. HOUSING
The Employer will support for teacher's room rent.

6. MEDICAL INSURANCE
The Employer agrees to provide medical insurance for the Employee including family. Dental Insurance is not included in the Contract. Pre-existing conditions occurring with the Employee before arrival in Korea are not valid.

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.

7. DUTIES OF TEACHER
The teacher's work shall consist primarily of the following:
1) Preparing perfect class lesson and teaching it effectively.
2) Curriculum design and implementation.
3) Development of educational program and materials.
4) Out-of-classroom activities for/with students if they need.
5) Grading and evaluation of students.
6) Student counseling.
7) Attendance at teacher's meetings and workshops.
Attendance at other activities under school curriculum

8. TEACHING MATERALS
The Employee will be given materials to teach to the class. Also, the teacher should prepare teaching materials for the class teaching. If the teacher needs to buy some teaching materials he/she can ask to the academic coordinator.

9. TERMINATION
The Employer reserves the right to terminate this contract with the written notice to the Employee under the following conditions.

1) The Employee does not fulfill the contract obligations according to the terms stipulated and fails to amend after the Employer has pointed it out.
2) According to the doctor's diagnosis, the Employee can not continue normal work.
3) Blatant misconduct by the Employee either professionally or otherwise.
4) The Employee or dependents violate Korean Law.
5) The kids or the children complain the Employee and/or the Employee's teaching method in relation with the class.

The Employer and the Employee may terminate the contract by giving 30 days advance notice in writing with proper reasons accepted by both parties. The proper reasons and adequate grounds must be provided in order for the contract to be dissolved. Reasonable and adequate grounds for annulment include but are not limited to: blatant or gross misconduct, conducting classes under the influence of intoxicants such as alcohol or illegal drugs, continual tardiness and/or absence from assigned classes. If the Employee desires arbitration, a mutually agreed upon third party must be provided to settle the matter. Employee may seek annulment in cases where the employer does not complete the terms as they are required to complete according to the contract.

If the Employee wants to terminate the contract before the contracted date without acceptable cause, the Employee will pay back the Employer all the relevant expenses spent by the Employer according to the contract as stipulated herein. In the event that this contract is canceled the employer will issue a letter of release, without delay or fee being charged to the employee or potential employers.

10. Holidays/ Unpaid Leave / sick leave
1) Holiday : There are 10-14 Korean national holidays per year. The Employee is not required to work on these days.
2) Vacation : Official Vacation days are 14 days(Winter and Summer vacation, available total 3 weeks).
3) Unpaid Leave : The employee is permitted only under extreme and unusual circumstances. These circumstances include, but are not limited to, death or serious illness of immediate family member. Upon presentation of valid notice and proof to the Employer, Employee may be granted up to seven (7) days of unpaid leave.
4) Sick Leave : The Employee is permitted up to six (6) days of paid sick leave per year. Unused sick leave may not be taken as annual leave. In order to be eligible for paid sick leave, the Employee must be unable to teach class due to illness, he/she must notify the Employer, with an accompanying proof of illness from a physician, at least one hour prior to the beginning of 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.

11. 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 any time the Employee leaves Institution without giving prior notice and without going through the appropriate procedures, the 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.

[lifeinkorea]

[Kikomom]

Severance pay is 100% of your monthly salary, by law. Sounds like they're pulling a fast one.

[Juregen]

[Korussian]

"12 consecutive teaching sessions" & "approximately one year" is too ambiguous.

You probably want the contract to say that it is a one year contract, i.e. 365 days. That way, even if they give you no work for a month somewhere in the middle, they still have to pay you for that "teaching session" and having no students doesn't push back your contract end date.

[lifeinkorea]

[Guerciotti]

1. PERIOD OF EMPLOYMENT
1) The total Agreement term is approximately one year, commencing from June ____, 2009 to June ________, 2010(twelve teaching session).

How long is a "teaching session"?

2) The term of the Agreement means twelve (12) full and consecutive teaching sessions, and all scheduled vacations and holidays that fall between for during teaching sessions.
But the employee needs to have rest time to prepare teaching plan, outlines, and material, it will be better to arrive at Korea before three weeks which teaching session starts. If the employee keeps this, the employer will pay half month payment for the employee.

1/2 pay for 3 weeks? Before the "teaching sessions"? That's up to you, I guess ...

3) The teacher agrees to discontinue residence in Korea under the visa status sponsored by the employer within five days of completion of this employment.

2. SALARY & OVERTIME
A monthly salary is 2,200,000 won. Teacher need to work from 8:30am to 3:30pm per day (Monday thru Friday). The salary will be paid every 1st day of every month. If the teacher works over regular time, the school will pay 20,000 won per class time. Payment made for assigned teaching periods is inclusive of payment for preparation and administrative duties connected with those assigned classes such as attending the staff meetings and training workshops, evaluating children levels and other similar participations scheduled by the Employer to assist the Employee's professional development.

How many teaching hours? Come on. I'm guessing no overtime, ever, for you. Just my opinion

3. AIRFARE
The employer will pay round trip airfare for the employee.

4. SEVERANCE PAYMENT
The Employee will be given 70% bonus of one month payment(this means severance payment) for completing one year contract period. This amount will be paid at the time of, and is dependent on the completion of the full contract term.

As others said, it's 100%

5. HOUSING
The Employer will support for teacher's room rent.

"support"? How much? $10? How about key money? How about:
"Employer shall pay teacher's rent and key money" - just for starters. OK, maybe they don't know how to word this, but ... no

6. MEDICAL INSURANCE
The Employer agrees to provide medical insurance for the Employee including family. Dental Insurance is not included in the Contract. Pre-existing conditions occurring with the Employee before arrival in Korea are not valid.

Thats why you get a physical in Korea! Right? Please someone tell me if I'm wrong. And, it must be pursuant to the "National Medical Insurance Act of Korea" ie NHIC insurance. Your share is about 2.54%

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.

7. DUTIES OF TEACHER
The teacher's work shall consist primarily of the following:
1) Preparing perfect class lesson and teaching it effectively.

"perfect"? Maybe they don't know what perfect means?

2) Curriculum design and implementation.
3) Development of educational program and materials.
4) Out-of-classroom activities for/with students if they need.

When? On weekends? Would that count as a "teaching hour" for overtime pay? sigh no

5) Grading and evaluation of students.
6) Student counseling.
7) Attendance at teacher's meetings and workshops.
Attendance at other activities under school curriculum

When? Will they pay OT?

8. TEACHING MATERALS
The Employee will be given materials to teach to the class. Also, the teacher should prepare teaching materials for the class teaching. If the teacher needs to buy some teaching materials he/she can ask to the academic coordinator.

9. TERMINATION
The Employer reserves the right to terminate this contract with the written notice to the Employee under the following conditions.

1) The Employee does not fulfill the contract obligations according to the terms stipulated and fails to amend after the Employer has pointed it out.
2) According to the doctor's diagnosis, the Employee can not continue normal work.
3) Blatant misconduct by the Employee either professionally or otherwise.
4) The Employee or dependents violate Korean Law.
5) The kids or the children complain the Employee and/or the Employee's teaching method in relation with the class.

I just don't like part 5.

The Employer and the Employee may terminate the contract by giving 30 days advance notice in writing with proper reasons accepted by both parties. The proper reasons and adequate grounds must be provided in order for the contract to be dissolved. Reasonable and adequate grounds for annulment include but are not limited to: blatant or gross misconduct, conducting classes under the influence of intoxicants such as alcohol or illegal drugs, continual tardiness and/or absence from assigned classes. If the Employee desires arbitration, a mutually agreed upon third party must be provided to settle the matter. Employee may seek annulment in cases where the employer does not complete the terms as they are required to complete according to the contract.

You can't quit unless you give notice with "proper reasons Accepted By Both Parties". In other words (just my opinion) - if you give notice, they won't accept your reason (ie "you treat me like a rented mule") -
AND then they will sue you for anything they like using the last paragraph of this "contract". No no no no no

If the Employee wants to terminate the contract before the contracted date without acceptable cause, the Employee will pay back the Employer all the relevant expenses spent by the Employer according to the contract as stipulated herein. In the event that this contract is canceled the employer will issue a letter of release, without delay or fee being charged to the employee or potential employers.

What exactly are the "relevant expenses"? If you're there over six months, too bad for them. Pay your utilities and go. But wait, you might have your name on a lease? Seriously, THEY need to pay for your apartment/house/whatever. nooo

10. Holidays/ Unpaid Leave / sick leave
1) Holiday : There are 10-14 Korean national holidays per year. The Employee is not required to work on these days.
2) Vacation : Official Vacation days are 14 days(Winter and Summer vacation, available total 3 weeks).
3) Unpaid Leave : The employee is permitted only under extreme and unusual circumstances. These circumstances include, but are not limited to, death or serious illness of immediate family member. Upon presentation of valid notice and proof to the Employer, Employee may be granted up to seven (7) days of unpaid leave.
4) Sick Leave : The Employee is permitted up to six (6) days of paid sick leave per year. Unused sick leave may not be taken as annual leave. In order to be eligible for paid sick leave, the Employee must be unable to teach class due to illness, he/she must notify the Employer, with an accompanying proof of illness from a physician, at least one hour prior to the beginning of 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.

Trying to figure out where I can find a doctor @ 6 or 7 a.m. to give me proof of illness so I can notify by 7:30 a.m.? If you cannot do that, they will not pay you for that day. Not crazy about this.

11. 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 any time the Employee leaves Institution without giving prior notice and without going through the appropriate procedures, the 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. [/quote]

LOL. They really wanna sue you =] No, they just want to threaten you with a lawsuit, use that as leverage. Then sue you ...OK, maybe, if (among all the other NECESSARY changes) they delete all but the first sentence of this egregious paragraph

I say no in general - just my humble opinion.

[ChinaBoy]

"I've got a contract."

"Gotta" is short for "got to".. "I've gotta go to the store"

[Stones1962]

don't sign it

[Sleepy in Seoul]

[dragon777]

You can do better than this.

[Huh Kyung-young]

Contracts posted for review belong in the....








... wait for it...








... CONTRACT POSTING THREAD sticky.

You know, the one at the top of the forum that says "post 'em here for a review"?

http://forums.eslcafe.com/korea/viewtopic.php?t=59265