Korean Job Discussion Forums

[ArikaWithAnA]

Hello again,

I could use some help since I am new to all this. I have been offered a contract to teach in Tongyeong. The recruiter at GMSC wants me to send back the first page and the last page asap. Is this a good contract? Should I accept this or can I possibly hold out for better?

Keep in mind, I have a little (barely any) experience working with elementary school kids (my last job was with an educational theatre/ teaching company), but that's it.

Any help would be greatly appreciated, thanks!

Also, the contract was sent without the dates filled out, is that normal?




EMPLOYMENT AGREEMENT FOR INSTRUCTOR
International Language School Tongyeong


This EMPLOYMENT AGREEMENT has been made this . . 200 by and between ILS Tongyeong , a sole proprietorship organized and existing under the laws of Republic of Korea, and having its principal office at 2F Seongjin Bldg, 1059-16, Mujeon-dong, Tongyeong-si, Gyeongsangnam-do, Korea(Herein after called “Employer”),and a citizen of , whose domicile is .(Herein after called “Employee”) The Employee has been selected and approved by the Employer, to teach English language, therefore, the Employer and the Employee, in consideration of the mutual promised and covenants contained herein, agree as follows:

1. PERIOD OF EMPLOYMENT
1.1 The Employee will be contracted by the Employer for the period, Twelve (12) full
and consecutive months.
This period starts on . . 20 , and ends on . . 20 .
1.2 The term of agreement includes the orientation and training period, twelve(12) full
and consecutive teaching session. And all scheduled vacations and holidays which
fall between or during the teaching session.
1.3 The teacher agrees to discontinue residence in Korea within 5 days of completion
of the Period of Employment.

2. TERM OF AGREEMENT
2.1 The working visa issued by the exclusive agreement between the Employer and the Employee becomes invalid right after termination of agreement.
2.2 This agreement may be renewed by mutual consent two(2) months prior to its expiration. Without new agreement between the Employer and the Employee two(2) months before the expiration, the Employee shall be automatically dismissed from employment when the contract expires.
2.3 If the Employee wishes voluntarily to terminate or recalls the employment contract prior to the agreed date of expiration, the Employer will deduct the equal amount of airfare to Korea (or in some case including Japan trip cost) from the Employee’s salary which the Employer has provided as compensation for the inconvenience that early termination causes both the students and the school.

3. PLACEMENT OF EMPLOYMENT
The Employee will be employed to teach English language at the address of the principal office as above (herein after referred to as “Institute").

4. DUTIES OF EMPLOYEE
4.1 Employee is expected to devote no less than 1 hour a day at the institute for the lesson planning with co-teachers, student evaluations, syllabuses, telephone English, report cards, consultation with parents, supervision of play, maintenance of the English environment during breaks, workshops, staff meetings, and upgrading ones professional knowledge and skills without additional pay. The work week will follow the yearly academic calendar issued by the school.
4.2 During the term of Agreement the Employee shall accept and strictly comply with the instructions, supervision, training, and discipline of the Academic Director and shall carry out such assignments as directed by the Academic Director. These duties shall include ELS instructions in all phases of the program, administrative duties related to the classroom duties, administrative at scheduled staff meetings, workshops, and school sponsored outings and any other duties as may be assigned by the Academic Director. The Academic Director is responsible for establishing standards of performance relative to the Employee and also empowered to take necessary steps to assure that those standards are met.


4.3 In order to maintain the quality of lessons two hours of preparation time prior to classes each day is required from the Employee. This preparation time is not included in the calculation of any overtime hours, which the employee may be required to work. And also the Employee is required to attend in a staff meeting a week.

4.4 The Employee must not cancel classes arbitrarily. If cancellation of classes is unavoidable, the Employee must consult with the Director in advance. In case of sickness, unexpected accidents and bereavement, the Employee has to take steps stated in 6.4 and 6.5 of this agreement.

4.5 The Employee shall not be permitted and shall not have the right to work outside of Institute. Since Institute employees are full-time employees, such approval will normally be denied.

4.6 The Employee understands and agrees that at all times during the term of this Agreement; the Employee shall strictly obey all laws, regulations provisions, instructions, and guidance from the Government of Korea or any local government or officials thereof.

4.7 Every three incidents of unexcused tardiness by Employee shall be penalized as one lecture hour of unauthorized absence.

4.8 The Employee will not conduct classes while under the influence of alcohol or illegal dugs, nor will he/she smoke in the classroom or leave the class to smoke.

4.9 The Employee will not make sexual or inappropriate advances of any kind toward. Or have a sexual relationship with, students or other Employees.



5. WORKING HOUR
5.1 During the term of this contract, the Employee will normally be required to perform work assigned by the Academic Director each week from Monday to Friday. However, there will on occasion be events in which the Employee will be required to participate, which may fall on Saturday. These events are described in Section 4.1.

5.2 During the term of Agreement, the Employee will be required to accomplish the assigned duties for 30 clock hours each week.( one month 120 hours).

5.3 Each teaching hour in excess of 30 hours a week is considered as overtime exception of 4.2and 4.3section.

6. COMPENSATION AND OTHER TREATMENT OF EMPLOYEE
6.1 Salary and Overtime
a. Institute shall pay Employee as compensation for all services rendered the total aggregate monthly salary of 2,100,000 won for each month of contract period with Institute. Payment of salary shall be made in won and commenced from the first day of teaching. The employee salary will be paid on the 10th of each month. If this day falls on a national holiday, Saturday or Sunday, the salary will be paid on the previous business day. However, in the last month of the contract term, the monthly salary is to be paid on the last business day of the month.
b. Each teaching hour in excess of the above working hour stated 5.3 is considered Overtime. The Overtime pay is 18,000won per teaching hour.
c. It is understood and accepted by the Employee that the salary paid to the Employee covers all duties in section 4.

6.2 Security Deposit
The Employee agrees that the Employer may withhold from the Employee’s Salary a security deposit to cover unpaid monthly utility and phone charges or penalty payment for Employee’s default on contract agreement. 100,000 won will be deducted from the Employee’s monthly salary during the first 3 calendar months of employment with the employer. Employee will be paid the security deposit after reimbursing unpaid utility, phone charges, and etc when he or she leaves Korea after the contract is completed.

6.3 Severance Payment
On the condition that this contract is completely satisfied and that employment lasts for one year, a special allowance of a month salary will be paid to the Employee by the Employer. This amount is also subject to Korean income and resident taxes.

6.4 Paid Vacation and Paid Sick Leave
Employee will receive Ten (10) paid vacation days during the contract year, 5 in summer and another 5 in winter time. National holidays, Saturdays and Sundays are not to be counted as vacation time. Addition of Korean national holidays, the employee may take up to three (3) days of sick leave. A doctor's invoice with the diagnosis and prognosis is required to be paid for sick days. Unused sick leave may not be taken as vacation leave.

6.5 Medical Insurance
Employee will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The cost of this coverage will be borne half by Employer and half by Employee. Payment will be made by monthly deduction from Employee's salary; a like amount contributed by the Employer .(between $40~$60 a month)

6.6 Housing
The Employer shall select and provide with furnished living accommodation for the Employee. The accommodation will be a two employee, with a private bedroom for each employee or single housing with no sharing. Institute shall provide furnishings including air conditioner and monthly rent. Utilities, water, electricity, phone incurred in using the housing will be borne by the Employee.

6.7 Transportation
Employer will purchase for Employee an economy class ticket from the point of hire for passage on a regularly scheduled airline to Korea. The return air ticket will be provided at the time of completion of employment. In the event that the extension of the Employee Agreement between the Employer and the Employee is met, the return air ticket will be provided at the time of completion of subsequent contract period(s). As stated in 2.3 section, in the case of the Employee resigns voluntarily or recalls employment agreement within 12 months, the Employer will deduct the equal amount from the Employee’s salary

7. TAX and National Pension Scheme
Income tax will be withheld from the salary and severance pay in accordance with Korean tax law. Income tax is between 4% of the teacher’s monthly salary and severance pay.

The teacher is to pay 10-15% of the monthly income for the National Pension Scheme, in accordance with the National Pension Act. The teacher will get the full amount back from the National Pension Association upon the completion of the contract with submitting of application of reimbursement at the National Pension Office near the teacher’s residence.

8. DISMISSAL BY INSTITUTE
8.1 Institute shall have the right at its sole discretion to dismiss Employee for clear and frequent neglect of duties under this Agreement, including, but not limited to frequent absences from Institute without approval of the Academic Director, or good reason thereof, or for inability to perform duties such as sicknesses, especially when it hasn’t been informed to the Academic Director before the Agreement was met. However, before any such dismissal, Employee shall be warned of dissatisfaction with performance and shall be afforded at least twenty (20) working days in which to remedy the situation. Criminal or other conduct inside of outside Institute that would in the opinion of the Academic Director and owner seriously jeopardize any person or the reputation of its students, or its staff, will cause for immediate dismissal and no warning or time for remedy will be allotted.

8.2 In the event that Employee is dismissed for any of the reasons set forth in 6.1 herein above or for any of the reasons set forth herein below, Institute shall have no duty and shall not be obligated to pay the cost of return airfare to the point of hire for Employee, and also that Employee is dismissed within 3months of from Employee's point of origin to Korea.

9. TERMINATION OF CONTRACT
If the Employee’s resignation is determined to be voluntary, it should be noticed 60days before. If the Employee fails to notice his/her resignation before 60days, 100,000 won per month left will be deducted from the monthly salary to compensate the recruiting fee and inconveniences. The Employee will forfeit any accumulated but unpaid salary. Employer shall receive its reimbursement for the above cost by keeping the portion of unpaid but earned salary necessary to cover these costs (and any other personal costs and debts, any unpaid utilities and phone bills, and any damages to Institute Teacher leaves behind--) and will give the balance to the Employee either in person or by mailing.

10. COVENANTS
10.1 The Employee here by agrees, covenants, and undertakes that he/she will not undertake any teaching duties or employment with any persons or organization other than the Employer without prior written approval from the Employer of the specific employment contemplated by employee. Failure to comply with this article causes for immediate dismissal.
In the event that Employee fails to complete this one year term for any reason, the Employee must reimburse the full amount of the airfare to Employer.

10.2 Employee here by agrees, covenants, and undertakes that he/she will not disclose teaching materials, syllabus details, or any other information relating to the academic program, whether verbally or in written form, to individuals or corporate entities not employed by Employer.

11. GUARENTEES
11.1 The Employee guarantees that all facts provided by him/her in the Employee’s resume, diplomas, certificates, or any other documents are true and correct.

11.2 The Employer guarantees that all the facts, fees, hours, salaries, processes of this agreement are carried out. If the Employer can not provide anything listed due to any reason the Employee will receive a one-way ticket home and all the salary guaranteed after the Employee has paid all of their bills.




12. MERGER CLAUSE
This Agreement constitutes the entire understanding between the parties with respect to the subject matter here of, and supersedes all pervious negotiations, commitments, and writings with respect here to. No modification of this Agreement will be binding or have any legal effect unless set forth in a written agreement amending this agreement and signed by both parties here to. Furthermore, this contract nullifies and voids any previous contract between the two parties.
Employer and Employee have executed this Agreement on the date indicated below.
Intending to be legally bound here to, and In Witness whereof, and Employee have appended their signature.




POINT OF HIRE:


Employee Signature: Employer Signature:

Employee Name: Employer Name: In Suk, Kang

Date: Date:

[GTG09]

Go post this in the Contract thread, it is a sticky thread in Job Related, someone will give you a good review in a day or two.

[ArikaWithAnA]

Thanks, I just posted it there.

[blackjack]

get them to remove the shared accommodation clause

overtime is too low

and pension is too high should be 4.5% with them contributing 4.5%

[PeterDragon]

My advice? This is a solid contract, as long as they hold to it. No weasel words to make sure you don't REALLY get any paid leave, no stiff/insane penalties for quitting early, and they actually apy you EARLY rather than late if your payday falls on a weekend.

The overtime is lower than it would be at a public school but you have to expect that. I've seen many hagwons offer that level of overtime.

If you aren't comfortable being set up with a roommate you don't know, it's worth checking to see if they'll give you single accommodation. However, if this is your first time in Kroea, living with another expat can have its advantages--- I lived in a dormitory for foreign teachers in my first year in Korea, and the mutual support we were able to give each other was a godsend.

[CentralCali]

The employer needs to bone up on what a calendar year is. If your employment starts on 20 February 2010 (as an example), then one year's employment ends on 19 February 2011.

1.3 is none of their business. All they need to be concerned with is ceasing their sponsorship of your visa at the end of the contract period.

You will be working every Saturday the hagweon is open. And that will not be overtime pay either.

I would never accept a contract at a hagweon which expects me to share an apartment. Also, in this day of online and instant banking, there is absolutely no excuse for an employer to pay you any later than the last day of a pay period. A ten day wait has one and only one purpose: holding you hostage to your pay so that you will lose money if you pull a runner.