Korean Job Discussion Forums

[VFRinterceptor]

Name of the Academy has been changed.


EMPLOYMENT AGREEMENT

THIS EMPLOYMENT AGREEMENT is made between the Academy X, and , the English instructor.

This EMPLOYMENT AGREEMENT has been made this ___________________ 2009.

Contract Conditions:

EMPLOYMENT

The employer will employ the employee as an English-language instructor at the Academy X on the terms and conditions set forth in this Agreement.

WORKLOAD, HOURS, DAYS

As a general rule, the work schedule is organized for the duration of 5 days per week, 8 working hours per day. Work schedule may be rearranged by the employer to accommodate effective operation of the Academy X.

The employee will participate �on his/her time� in a maximum of 3 Academy X events, each not longer than 7 hours, in any one contract year. All teachers� meetings per week are also �on employee�s time�.

* Overtime is not obligatory. Any activity for or with the Academy X in excess of what is agreed upon in this Agreement will be regarded as �payable� overtime.

* Employee is required to participate in program such as adult and Saturday duty if needed.

PERIOD OF EMPLOYMENT

The total Agreement term is 12 calendar months from the day the employee reports for work at the Academy X (_________________, 2009).

EMPLOYEE�S DUTIES

a. Teaching Conversational and Written English to local students and other participants.
b. Attending teachers� meetings.
c. Participating in up to 3 Academy X activity days.

* Employee will be provided with the teaching materials necessary to conduct the class. Employee is expected to conduct the class without assistance.

* Employee will set a good positive example at all times. Employee will follow set class schedule and will not dismiss class, cancel class, or start class late without approval of the employer.

* Employee should be in good health and will submit proof of his/her health condition before or upon arrival.

* The employer won�t object if the employee, in his/her free time, engages in other lawful activities.

* Without the employer�s permission, Employee shall not be employed or involved in other paid business (including a part-time job).

SALARY & OVERTIME PAYMENT

a. The period of one month is accounted as one Pay Period.

b. Pay scale may be adjusted higher based on your professional accreditations and/or performance.

c. Regardless of how few the employee�s monthly hours may be, his/her minimum monthly pay is (A): X million won per Pay Period.

d. Overtime: Any action and participation of the employee at the Academy X or outside, directed by the employer, that is above the agreed-upon hours mentioned in this contract, is regarded as overtime work and is compensated with (B) 18,000 Won / 60 minutes.

e. Overtime is calculated and paid on Monthly Basis together with the salary. Overtime includes: Extra class preparation, Open house, Entertaining parents, Student minding, and any other action or participation in or outside the Academy X that is arranged in agreement with the employee, by the employer, for the employee to do or to attend. Aforementioned activities stipulated in Clause 2 are not considered overtime.

f. The monthly pay of the employee will be made without delay on or prior to, the �pay day� that is 25th of each month. The payment of the salary and overtime are made up to date on the pay day. If the pay day falls on a holiday, the payment will be made on the last business working day before. The payment of the last month�s salary and overtime, plus the annual bonus (severance pay) will be made on the employee�s last workday. The employee is responsible to provide appropriate bank account number to the employer for the monthly pay.

g. If the employer requires the employee to travel to different workplaces, all hours of traveling/work in excess of 33 teaching, and 7 traveling hours a week, will be considered as overtime hours, and the employer will also pay for the full cost of the employee�s traveling from his/her home, to all the workplaces.

TAX & DEDUCTIBLES

Income tax, the monthly payment for Korean National Pension Program, and the employee�s half of the �heath insurance premium� and such other deductions which are required to be made pursuant to applicable laws will be deducted from the employee�s monthly salary. No other fees not stipulated in this contract will be deducted from the employee�s salary.


HOUSING & ACCOMMODATION

The choice of housing is at option of the employer.

The rent-free housing will be offered to the employee on his/her arrival day. It must be returned to the employer in the same condition when the employee leaves theAcademy X.

* Privacy of employee is respected. For repairs/help, the employer will seek the employee�s permission for entry, one day in advance, or if the employee prefers, on the same day.

* Furniture for the employee�s private use shall be clean and in good condition. Bed, bedding, sheets, armoire, kimchi table, TV, fridge, clothes drying rack, 1 pot, 1 pan, 1 set of utensils(1 person), 1 small garbage can, 1 large knife, 1 cooking ladle, air conditioner, and a working heating system, will be provided with the housing. The furniture and the appliance provided will be clean and in good working condition, and must be returned to the employer in the same condition on the last day of this contract.

* Maintenance of, and repairs to the apartment, the appliances, and the heating system, as well as replacement of worn-out furniture, are the responsibility of the employer. The cost of repairs due solely to employee�s fault or negligence will be deducted from the employees� paycheck.

* Security deposit is 100,000won. This will be taken out of the second full month�s paycheck. If the employee has any outstanding bills(ie, internet+cable), the deposit will cover that amount post-contact and date.

SAME DAY RESPONSE

Should the employee report a problem with the accommodation, or should s/he need medical attention, the employer will help or hire help and solve the problem on the same day to the extent practicable.

PAID HOLIDAYS / FLEX LEAVES / VACATION / UNPAID LEAVE / TARDINESS

Paid holidays are given in lieu of regular national holidays throughout the period of this contract.
* Vacation: Employee�s three-week vacation must be taken in no less than one-week blocks, undivided. Such vacation scheme shall be applied to the annual and monthly leave entitlement of the employee. The paid holiday arrangement is, however, subject to intervention from the employer in order to ensure unhindered operation of the Academy X. If the employee agrees to stay for an additional year, he/she will be entitled to an option of a maximum of 3 weeks of unpaid vacation before or during the next year�s work. This optional unpaid vacation can be taken in whichever form agreed on by both parties. All unpaid vacation must not overlap with other vacations and must not interfere with the operation of the village.

* Flex Leave: 5 working days of flex leave may be used in lieu of paid vacation. In order to be eligible for paid flex leave, when employee is unable to attend class due to personal cause or serious illness, s/he shall notify employer, with an accompanying proof of illness from a physician, at least a half an hour prior to the commencement of the class. If employee fails to notify employer with proper proof of illness, the employer has the right to deduct 1 day�s pay for every day the employee is absent from work. If employee fails to notify the employer with proper proof of illness three times, the employer has the right to terminate the contract.

* Unpaid leave: Unpaid leave is permitted only under extreme and unusual circumstances. Extreme and unusual circumstances include, but not limited, matter of great importance and death or serious illness of self or immediate family member. Upon presentation of proper notice and proof to the employer, employee may be granted up to one week of unpaid leave.

* Tardiness: If employee is more than 10 minutes late without notification, 1 hour of pay may be deducted.

* Note :
At no time may an employee take more than 3 weeks consecutive paid/unpaid vacation unless otherwise approved by the employer.
If Employee should be absent from work without a prior approval, his or her salary for that month shall be deducted by the amount calculated on a pro rata daily basis for the number of unauthorized absent days.

MEDICAL INSURANCE

From his/her first workday, the employee will be covered for his/her dental and medical insurance by the �Korean National� Medical Insurance. One half of the insurance premium is to be paid by the school and another half is to be paid by the employee.

Payment of the employee�s half of the insurance will be made by deduction of the same out of his/her monthly salary.

AIRFARE, VISA, & �VISA RUN�

The price of an economy class one-way trip ticket is reimbursed to the employee, by the employer, to fly him/her from the international airport closest to his/her original home address, to his/her workplace in Korea, on his/her first �pay day� on condition that he/she should fulfill his/her one-year contract. In case of the termination of Contract within the first six(6) months, Employee shall immediately pay back 100% of the one-way airfare to Employer. If Employee works for six(6) months or more during the term of employment, Employee�s obligation to pay back the airfare shall be waived by Employer.
The employee receives the return ticket or its cash equivalent upon successful completion of the one-year contract only. In case of contract renewal, the entitlement for the return ticket is then carried over to the last day of employment. The employee should obtain his/her work visa prior to making any flight arrangements.
Should the employer send the employee to another country to obtain Korean �work visa�, all costs of transportation will be covered by the employer. This only applies to teachers who are already working in Korea.

BONUSES (SEVERANCE PAY)

In accordance to the Korean Labor Law, the annual bonus equivalent of employee�s monthly salary, is paid to the employee on the last �pay day� of this contract REGARDLESS of his/her renewing his/her contract for another year, or not.

DISMISSAL OR VOLUNTARY RESIGNATION

The employer and the employee reserve the right to nullify this contract in any of the cases mentioned in this clause.

The employer may terminate this agreement and dismiss the employee after three warnings, whether verbal or written, and by giving one month�s advance written notice if the employee:

fails to perform at optimal levels(as indicated by student or staff surveys)
neglects his/her duties stipulated in this agreement.
is frequently absent from work without any excuse.
shows blatant misconduct either professionally or otherwise.
does not report to work without due reason or notice.
suffers from health condition, whether it is a physical or psychological ailment, which makes it impossible for the employee to continue work.

The employee may terminate this agreement by giving 45-day�s advance written notice or forfeit re-imbursement portion of this contract:

If the employer fails to perform its obligations under this agreement, including being paid on time.
Upon death or severe illness of a family member, or severe illness of the employee.

* In case of termination by the employee, the employee is paid up to his/her last day of work.

* All accounts and payments on either side, as explained in this contract, must be settled by the last day of employee�s work.

LEGAL ACTION

If at any time employee leaves the employer without giving prior notice and without going through the appropriate procedures, 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.

GOVERNING LAW & JURISDICTION

This Agreement shall be governed by the laws of the Republic of Korea. The local court shall have exclusive jurisdiction over all disputes in connection with this Agreement.

This Agreement is made final and firm.

Photocopies of this Agreement will be considered as valid as the signed original.

Academy X The employee�s name and signature
President



Date: Date:

[lifeinkorea]

[nomad-ish]

personally, i would never ever sign this contract as is, and it looks like there are too many things to change and the wording is too vague (even if your employer agrees to your requests, they probably won't abide by the rules once you're over here). IMO, it's best to keep looking.

[VFRinterceptor]

I know its a lot to read, thanks for the responses guys.

I'm going to ask if I can change a few things on the contract before I sign it and give it back. I've met with some people at the school, and so far it looks ok.

[PRagic]

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