Korean Job Discussion Forums

[ramen209]

Please give advice on this contract.
the employer has called me without agreement of any kind of phone interview and I'm not sure if that's normal or if maybe he/she is a little bit too eager!


I have an MA education, TESOL, and BA English, and the pay is 2.5

Also, if anyone knows anything about the "editing" part of the job in addition to teaching, and whether that is a good or a bad thing, that would be appreciated.




EMPLOYMENT AGREEMENT



This Agreement is made between , herein referred to as "Employee," and XXXX XXXX , herein referred to as "Employer,� whose principle place of business is located at XXXXX, South Korea.

In consideration of the mutual promises and agreement herein contained, XXXXX(hereafter referred to as the �Employer�) employs _ __ (hereafter referred to as the �Employee�). The Employee agrees to work for the Employer under the following terms hereby agreed to by both parties.

The services to be performed, by the Employee will be that of a conversational English Language Teacher (or Instructor). The Employee will commence his/her employment on_ 2009 . The employment will continue to _ 2010, unless terminated sooner as provided herein, and for such further period as provided for herein, subject to the following conditions.

1. If as a result of wilful and wanton negligence, gross negligence or intoxication, the Employee damages facilities, materials or other property belonging to the Employer; or causes damage to the institute and/or the image of the Employer, the Employee will assume pecuniary liability in accordance with Korean Law. Furthermore, if the Employee violates any of the covenants of this agreement, the Employer has the right to terminate this agreement at the time of the violation without further compensation or responsibility to the Employee.

2. If the Employee seeks release from this contract, he/she must do so in writing at least forty-five (45) days prior to the date of termination. Extenuating circumstances, which might require termination of employment without prior notice, will be handled on a case-by-case basis.

3. In the event of the death or total incapacity for business of either party hereto, or upon the Employer ceasing to carry on said business, or becoming bankrupt, this contract will terminate. In case of the sickness of the Employee or other reasons causing him/her from attending to his/her duties for 10 consecutive workdays (without valid proof), the Employer may terminate this agreement.

4. The Employer may terminate this agreement at any time because of the Employer's dissatisfaction over, violation of instructions or rules of the Institute, or failure of Employee to comply with any one of the conditions contained herein.

5. The Employer may terminate this agreement if the services rendered by Employee are not satisfactory to the Employer, and the Employer will be the sole judge of such satisfaction. Services considered include, though are not limited to, adequate class preparation, the effective presentation of class lessons and the ability to work professionally with other staff members and supervisors.

I. The Employer agrees:

1. Compensation will be paid monthly by the Employer. Any errors in compensation must be reported by written notice within one week of receipt of compensation.

2. Employees will be paid 2,500,000 won per month for teaching schedule.

* Regular Class & Editing:: (30 hours per week): classes happen on Mon through Fri, between 2:00 pm and 9:00 pm.

3. The duration of a class is 40 or 50 minutes with kindergarten and elementary. There is a 10 or 5 minute break between each class.

4. The employee will have to pay his or her Income Tax, and half of their medical insurance and pension.

5. The Employer will assign classes based on teacher performance, professionalism and attendance record. The assignment of classes and substitute teaching assignments is the sole prerogative of the Employer and is necessary to the effective operation of the institute. Acceptance of these assignments by the Employee is mandatory.
6. Overtime rate is 20,000won an hour however, will be subject to Korean taxes. (approximately 3.5%)
7. The Employer agrees to provide the Employee with return airfare into Korea at the beginning of the contract. This will be paid for by the teacher and upon receipt, be reimbursed by XXXXXX. The amount of the airfare will be agreed upon prior to purchase. The return ticket out of Korea will be paid for by Lingua upon the successful completion of this contract.
8. Upon the successful completion of a one-year contract, the Employee will receive severance pay. Severance pay will be equal to an average of the last three months� salary. (However, 6% of Korean taxes will be deducted)
9. The Employer agrees to provide the Employee with medical insurance from the time that the Employee receives his or her Alien Registration Card. The Employee is advised to obtain his card, during his or her first week in Korea or as soon as possible. The Employee will be responsible for the cost of his or her own medical treatment until insurance is issued. The employer is required to subscribe to the Medical Insurance/Pension plan. Medical Insurance/Pension is split 50/50 by the employee and employer. Dental and eye care coverage is not included. Furthermore, life insurance coverage is not included. Taxes will be deducted from the employee�s income in accordance to Korea law. Monthly pay is taxed, and the taxes will be deducted as income tax and residence tax on a Monthly basis.

10.The Employer agrees to provide three sick-leave days to Employees each year. On the first three days on which an Employee misses work he or she will be paid in full for that day, with the following conditions. The Employee must notify his or her supervisor either the night before the absence, or as early as possible on the morning of the absence. The Employee must also present a doctor's note to his or her supervisor on the day on which he or she returns to work. Unused sick days may not be used as vacation days. Should the Employee be absent for ten consecutive days without a valid reason, his or her contract may be terminated.

11. Employees, on occasion, request an emergency leave in order to attend to urgent matters in their home country. Since there are no substitute teachers available, the extended absence of Employees creates a serious problem for this institute. Additionally, when requests for leaves coincide with holidays observed by the Employer, such as Christmas, the potential for abuse, in order to extend existing vacation days, compounds the seriousness of the situation. Therefore, any Employee requesting a leave of absence during his or her contract will be subject to a 30 percent deduction from his/her severance pay. Should a leave request coincide with a holiday on which XXXXX does not hold classes, the percentage of this deduction will be raised to 50 percent.

12. The Employer will provide housing for all Employees. (See attached housing contract) If, at the time the Employee is hired by the Employer, all company apartments are occupied the Employee may either ask the Employer to provide an apartment or the Employee may arrange his or her own housing. Employees who choose to provide their own accommodations will be given a 300,000 won monthly housing allowance. If, at the time the Employee is hired by the Employer, company housing is available, the Employee is required to live in the company�s apartment. Employees living in housing provided by the Employer will be required to leave a 400,000 won deposit with the Employer to cover any damage to the apartment or unpaid bills left by the Employee when the apartment is vacated.

13. If Employees wish to take advantage of the housing provided by the Employer, the housing contract must be signed before arrival in Korea. Employees who initially choose to provide their own housing and later elect to take advantage of company housing will be accommodated only as housing becomes available.

14.Whenever possible, Employees be provided with an orientation period. This is generally the Employee�s first working day, on which the Employee meets with experienced Employees, observes classes and becomes familiar with XXXX XXXX teaching techniques and activities. On this day, or for the period designated by the Employer as the training period, during which time the Employee will not be asked to conduct classes, the Employee will be paid a training wage. This wage will be 7,000 won per hour.

17. Vacation:

* Summer Vacation : Last week of July (including weekend)
* Winter Vacation : Dec. 25th ~ Jan. 1st

II. The Employee agrees:

1. To teach any group assigned by the Employer and to participate in special activities as required by the Employer.

2. To prepare for his/her classes on his/her own time. Class preparation should include researching and producing teaching materials, on time submission of lesson plans, tracking reports, progress reports and semi-annual teaching method reports. Failure to submit these items on 3 occasions will be subject to a 30 percent deduction from the Employee's severance pay. Three late submissions of any of these items will count as 1 non-submission.

3. To, at all times, follow the rules and regulations set by the Employer and the Institute director. To follow class schedules and activity schedules, to not dismiss classes, cancel classes or begin classes late without the express consent of senior management. To submit all progress reports, tracking reports, lesson plans, or other requested work on time. Employees, who routinely fail to observe the rules of the institute, will be verbally notified by the supervisor, continued non-compliance will result in a warning letter. Three warning letters in the period of one year will result in suspension without pay, a reduction of teaching hours or termination.



4. To have the accompanying statement of general physical health completed by a physician certifying that the Employee is free of contagious diseases and may safely participate in activities such as leading outdoor games and exercises.

5. To use the teaching materials supplied and recommended by the Employer. The Employee is encouraged to supplement these materials with other materials, but must obtain prior approval from the Employer. All books, tools, craft supplies or other materials issued by the Employer remain the property of the Employer and any must be returned to Lingua Jinjub when no longer required to conduct class.

6. To perform his/her duties in a professional manner and refrain from conduct which could damage the reputation of the Institute, including, but not limited to: conducting class while smoking or under the influence of alcohol or illegal drugs: making sexual advances towards or entering into sexual relationship with students or employees of the Institute; conducting any business or accepting any funds without the express written consent of the Institute; and borrowing or lending of funds or selling items to students.

7. To reimburse the full cost of plane ticket to the Employer, if the Employee terminates his/her contract within 6 months of commencing date of his/her contract.

8. To reimburse half of the cost of plane ticket to the Employer, if the Employee terminates his/her contract after 6 months but within 12 months of commencing date of his/her contract.

9. Private teaching outside of XXXXXX is prohibited without the written approval from the Employer. If the Employee desires additional employment, such interest must be expressed in writing to Employer. Upon receipt of such request, the Employer may, at its sole discretion, allow additional employment. Any and all exceptions to this provision must be made by written consent of the Employer.

10. Extremely short or revealing attire is prohibited.

11. If the Employee wishes to drive in Korea, an international driver's license is required. The Employee will take full responsibility for any cost of acquiring a vehicle, the maintenance of such vehicle, any insurance/fees of such vehicle, and will hold the Employer free from any harm and/or responsibility of and from such vehicle.

12. The Employee accepts liability for any damages that arise from the conduct of Employee.

13. The Employee will not at any time or in any manner, either directly of indirectly, divulge or disclose to any person, firm or corporation in any manner whatsoever any information concerning any matters affecting or relating to the business of the Employer, including without limiting the generality of the foregoing, any of its customers, the prices it obtains or has obtained from the sale of, or at which it sells or has sold, its products or services, or any other information concerning the business of the Employer, its manner of operation, its plans, processes, or other data without regard to whether all of the foregoing matters will be deemed confidential, material, or important, the parties hereto stipulating that as between them, the same are important, material, and confidential and gravely affect the effective and successful conduct of the business of the Employer, and the Employer's good will and that any breach of the terms of this paragraph will be a material breach of this Agreement.

III. It is further agreed between the parties that:

1. The services to be rendered by the Institute are of a unique and original character entitling the Institute to acknowledgement of this contract by injunction or other relief in a court of equity.

2. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained will be valid unless in writing and duly executed by the party to be charged therewith and no evidence of any proceeding, arbitration, or litigation between the parties hereto arising out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed as aforesaid, and the parties further agree that the provisions of this Section may not be waived except as herein set forth.

3. Both parties have read the above conditions and agree to the terms contained herein in good faith.

The Employee



Name:

Signed on _____________ 2009 .



Signature

Teacher (or Instructor) of


The Employer





Name:

Signed on : 2009 .

Signature

Principal of











HOUSING CONTRACT

This agreement between XXXX and _______________________________ is concerned with housing for teachers employed by XXXX. XXXXX does not require that its teachers live in this housing. Teachers who choose to provide their own accommodations will be given a 300,000 won monthly housing allowance. Teachers choosing to live in housing provided by XXXXX will be required to leave a 400,000 won deposit with XXXXX to cover any damage to the apartment, cleaning bills or unpaid utility bills left by the teacher when the apartment is vacated. A 50,000 won deduction will be made should the apartment need additional cleaning. The teacher will be required to pay the full amount of this deposit within the first 2 months of employment.

The apartment will be a 2 bedroom, couple apartment. The apartment must be kept clean and the appliances maintained in good working order. Employees should report malfunctioning appliances or apartment damage to their supervisor as soon as possible. The apartment will be furnished with following: bed, cooking stove, refrigerator, hot & cold running water for bathing, a western style toilet, television, VCR, and washing machine. (Meals, utilities, telephone and incidental expenses are the sole responsibility of the Employee) The Employee will be responsible for costs resulting from willful damage or neglect of said furniture and appliances as provided by Employer.

If, for any reason, the Employee ceases to be employed by Lingua, the Employee will be given 24 hours in which to vacate the apartment. The Employee must set up an appointment with the manager of teachers to inspect the apartment prior to moving out, in order to establish the condition of the apartment. The information from this inspection will be used when calculating the amount of the housing deposit to be returned to the teacher. If the apartment requires cleaning or repair, these costs will be deducted from the teacher's deposit.

The procedure for returning the deposit to the teacher at the end of his or her housing contract will be as follows:

If there is no damage to the apartment or its appliances, (as determined by the exit inspection) this amount will be held for payment of bills, the balance of the deposit will be returned to the teacher with his or her final paycheque. After all of the bills for the apartment have been received any remaining money will be returned to the Employee in two days after the termination of the contract.

Barring changes in the employment status of the teacher, this contract confirms that housing will be provided from ____________________ to ____________________



Signature (Employee) ___________________________________

Date ____________2008



Signature (Employer) Date 2009



Employee�s Initials __________ Employer�s Initials __________

[hamlet712]

Well its MOSTLY a standard contract. However there a couple warning signs that this MAY not be the greatest place

1) the employer can basically fire you on a whim.

2) I scanned over it, but did the employerr mention a severance payment of a months pay at the end ( if he didnt then DO NOT TAKE THE CINTRCT, this is standard in KOrea) I may have missed it.

3) With your education you could get a job with SMOE for the same or similar pay. You would be asked to work less hours for the same money.

4) the money that you get of you DONT take their housing is an insult. They are willing to pay for a 2 bedroom apartment for you, but they are only willing to give you 300 000 for housing? at least 400 is good ( any chools give 300, but they are cheap hagwons that may or may not be in business in a year.

5) Quite a lot you have to prepare in advance for classes, this too is rarely standard in a hagwon. Well I whould not ay that, you need to define preparing I guess. In my last hagwon I did minila prep and photocopying as a preamble for class.

Thats being said, it looks "okay" but I think there are a couple things thatwould prevent me from signing it, and I think you can do better

[yingwenlaoshi]

You lost me at "kindergarten."

I saw something about you having to give 45 days notice. You don't, but if you want to work there, I wouldn't bring that up. Bringing things up about you not working there isn't something I'd suggest. Pay is ok and the hours are good.

[Goon-Yang]