Korean Job Discussion Forums

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Article 1 (Purpose) This contract is made for the purpose of setting forth the terms and conditions of employment for native English speakers who participate in the English Program in Korea.

Article 2 (Status of Employment) Employee shall be hired pursuant to this Contract as a [□ 1+ level Guest English Teacher(GET) / □ 1st level GET / □ 2+ level GET / □ 2nd level GET/ □ 3rd level GET].

Article 3 (Duties) GETs shall perform the following duties:

1. To assist Korean teachers with their English class(es) and/or jointly conduct English class(es);

2. To prepare teaching materials for English class(es);

3. To assist with the development of teaching materials related to English language education;

4. To assist with activities related to English language education and other extracurricular activities within the place of employment;

5. To conduct English conversational class(es)/course(s) for Korean teachers and students, and

6. To perform other duties as designated by Employer including various English programs during the vacation.

7. Matters not explicitly stated in Article 3 follow the official regulations of each District Office of Education.

Article 4 (Supervision) Employee shall carry out the duties set forth in the foregoing Article 3 pursuant to and under specific instruction and supervision of the Supervisor of the Work Place designated by Employer.

Article 5 (Term of Employment) ① The Term of Employment is the period set forth at the beginning of this Contract.

② This employment period is not continuance and should not be considered as continuance of any former employment in other city/province. Hence, Employer shall hire Employee as a new GET.

Article 6 (Resignation) ① Employee shall perform the duties set forth under Article 3 hereof during the Term of Employment set forth under Article 5 hereof.

② However, if Employee should desire to resign from the English Program In Korea and thereby terminate this Contract, he/she must give Employer a thirty (30) day prior written notice of resignation stating a date of and a reason for resignation.

③ In the case of Employee's resignation, the airfare for the return flight shall be borne by Employee, and his/her visa shall be cancelled.

Article 7 (Work Place) ① Employee shall work at a set forth at the beginning of this Contract.

② Employer may designate multiple Work Places for Employee.

③ Employer may designate Employee to work at a Provincial Office of Education, training center or other educational institute during the vacation. In this case, Employee shall not claim for any additional pay.

Article 8 (Work Hours) ① Employee shall work eight hours per day for five (5) calendar days per week from Monday to Friday and shall not work on Saturdays, Sundays and any national holidays of the Republic of Korea.

② The Work Hours of Employee may follow the normal work schedule of civil servants of the Korean Government; however, such Work Hours may be adjusted by Employer as he/she deems appropriate.

③ Actual class instruction hours of Employee shall not exceed twenty-two (22) hours per week. If, however, Employee's actual weekly class instruction hours exceed twenty-two (22) hours due to supplementary class instruction, Employee shall be entitled to a supplementary class instruction pay (20,000won～30,000won/hour).

④ Employer may require Employee to work overtime in addition to normal Work Days and Work Hours. In this case, overtime pay will be provided(6,000won/hour). ⑤ Matters not explicitly stated in Article 8 follow the official regulations of each District Office of Education.

Article 9 (Salary) ① Employee shall be paid the amount set forth at the beginning of this Contract. However, the Korean income tax, medical insurance premium and the national pension contribution, as required under Korean law, shall be deducted each month from Employee's salary.

② Employee's salary shall be paid on the 25th of each month. If this day falls on a national holiday, Saturday or Sunday, the salary will be paid on the immediately preceding business day.

③ When Employee has not worked a full month, salary for that month shall be paid on a pro rata basis either from the first day or until the last day of work.

④ If Employee should be absent from work without having obtained a prior approval, Employee's salary for that month shall be lessened by the amount calculated on a pro rata basis for the number of unauthorized absent days.

⑤ Employee shall not claim, against Employer, any compensation and/or payment other than those provided for in this Contract.

Article 10 (Renewal) ① The Term of Employment stated in Article 5 hereof may be renewed by the mutual written agreement between Employer and Employee, provided that each renewed employment term does not exceed one (1) year.

② In the case of renewal of this Contract pursuant to the foregoing ①, Employee shall be given two weeks for a home leave which shall take place 2 calendar weeks prior to the contract end date specified in Article 5 hereof until the day immediately preceding the commencement of the renewed term. This two-week home leave will be counted as part of the contract term, and accordingly salary will be paid.

③ Employer shall provide Employee with contract renewal allowance of 2,000,000 Korean Won (KRW) after the commencement of the renewed term.

Article 11 (Entrance Allowance/Exit Allowance) ① The entrance allowance of 1,300,000 Korean Won (KRW) shall be loaned to support Employee's entrance to Korea. A part of the entrance allowance shall be deducted for the Employee's medical examination (Employee shall complete his/her medical examination on his/her own.). In case of the termination of this Contract within six (6) months, including renewals, regardless of course or ground therefore, Employee shall immediately pay back Employer the above mentioned loan. If Employee works more than six (6) months during the term of Employment from the date of commencement, Employee's obligation to pay back the loan provided pursuant to this provision shall be waived by Employer.

② If Employee successfully completes his/her duties set forth in this Contract, he/she shall be entitled to an exit allowance of 1,300,000 Korean Won (KRW). In the case of contract renewal, the contract renewal allowance shall be given after the commencement of the renewed term instead of the exit and entrance allowances.

Article 12 (Housing) ① Employer shall provide Employee with housing selected by Employer. Housing selected by Employer may be, including but not limited to, a leased house, a studio-type room, or an apartment. Any and all fees, charges, costs, taxes, expenses, etc. incurred in using the housing shall be borne by Employee.

② If Employer is not able to provide housing for Employee, Employer shall provide Employee with 400,000 Korean Won (KRW) per month, as a rent subsidy, in lieu of the housing set forth in the foregoing ①.

③ Employer may provide temporary housing until the appropriate housing for Employee becomes available. ④ Employer shall decide whether to provide Employee with housing or a rent subsidy after discussion with the employee. Once decided, Employer's decision shall not be subsequently changed during the term of Employment.

⑤ If Employer provides housing to Employee, Employer shall provide appliances and furniture such as a bed, table and chairs, a closet, a gas range, a refrigerator, a washing machine, a microwave, and a TV set. Employee shall not request or demand any other appliances or furniture than those provided by Employer.

⑥ If Employee uses the housing provided by Employer, Employee shall leave the housing on the day after the last day of the contract.

Article 13 (Other Benefits) ① Employee shall be entitled to one time only settlement allowance of 300,000 Korean Won (KRW), when he/she first arrives in Korea. In case of the termination of this contract within six (6) months, regardless of course or ground therefore, Employee shall immediately pay back Employer the fore mentioned allowance.

② Employer shall provide Employee with half of the medical insurance pursuant to the National Medical Insurance Act of Korea. In the event Employee has his/her family living with him or her in Korea, Employer will also provide and pay for medical insurance premium for Employee's family.

③Employees working in remote areas (Wanju,Jinan,Muju,Jangsu,Imsil,Sunchang,　　　Gochang,Buan) may be eligible for a special rural allowance of 100,000 Korean Won (KRW) per month.

④ Employees working for more than one school are eligible for a multiple school teaching allowance of 100,000 Korean Won (KRW) for two schools or 150,000 Korean Won (KRW) for more than three schools per month.

⑤ Employees with the exception of Canadians, shall be eligible for exemption from paying Korean income tax during the period of the first two years if he/she provides the following documents to the employer before the first payment of salary:

1) "Residence Certificate" issued by a competent authority of employee's resident country 2) �an Application for Tax Exemption" on non-resident's Korean source income provided under the Korean Tax Treaty. If employee has already worked more than two years in Korea, he/she shall not be eligible for tax exemption.

⑥ The employer shall provide employee with half of the national pension plan deduction(approximately 4.5% of salary) pursuant to the National Pension Corporation Act of Korea. American or Canadian employee is eligible for a pension distribution refund if he/she submits the required documents to the Korean National Pension Corporation when he/she leaves Korea after the completion of his/her contract. ⑦ Employee shall be entitled to severance pay (equivalent to approximate one month's salary), upon successful completion of his/her duties.

Article 14 (Paid Leave) ① Employee shall be entitled to a vacation period of a total of twenty-one (21) calendar days during the Term of the Employment set forth in Article 5 hereof. Employees working in a school system shall have vacation for ten (10) calendar days during the summer and eleven (11) calendar days during the winter recess respectively; employees working in a training center shall take their vacation time in the period outside the training session times. If the requested vacation period interferes with smooth work operations, employer/employee negotiate alternate vacation dates.

② Employee shall apply for and obtain Employer's consent to take a leave at least fifteen (15) days in advance.

Article 15 (Sick Leave) ① Employee shall be entitled to a paid sick leave if an illness or injury prevents him/her from performing the duties under this Contract, provided, however, that he/she obtains Employer's consent. ② Employee's paid sick leave during the Term of Employment shall not exceed eleven (11) working days. If Employee requires a sick leave of more than eleven (11) working days total during the Term of Employment, any working days above the 11-day limit will be unpaid.

③ When Employee takes a sick leave for seven(7) or more consecutive calendar days (inclusive of a national holiday, Saturday, and Sunday), Employee shall submit a practicing doctor's medical report to Employer.

Article 16 (Special Leave) ① Employee may take a Special Leave for a number of days as set forth below for each of the following events:

1. Seven (7) calendar days for Employee's marriage.

2. Seven (7) calendar days for the death of Employee's parent or spouse; five (5) calendar days for the death of Employee's child.

3. In case of a female Employee, ninety (90) calendar days for a maternity leave.

② Special leaves specified in items ① are available with pay. However, maternity leave shall be available with pay for only the first sixty days.

Article 17 (Codes of Conduct) ① Employee shall not behave in any manner which may damage or tarnish the reputation of the teaching profession. Employee shall comply with and observe any codes of conduct applicable to Korean teachers.

② Employee shall not engage in any other job (including a part-time job) during the Term of Employment set forth under Article 5 hereof.

③ Employee shall not be involved in any activities which may cause harm to the students or be of detriment to the reputation of the school.

④ Employees must not disclose any confidential information about their

co-workers, school or program that they have acquired during their term of employment.

Article 18 (Termination of the Contract) ① Employer may terminate or cancel this Contract upon occurrence of any one of the following events:

1. If Employee violates the laws of the Republic of Korea.

2. If Employee fails to perform or unsatisfactorily perform any of the duties stipulated in this contract.

3. If Employee fails to perform continuously his/her duties for more than a week without any excuse.

4. If any of the information provided in Employee's application is neither true nor accurate.

5. If it is determined that Employee is prevented from or incapable of performing his/her duties set forth in Article 3 hereof for a medical reason, whether it is a physical or psychological ailment.

a. If requested by Employer, Employee must be immediately available for a medical examination.

b. Employee must complete medical examinations (HIV, Drug etc) in Korea required by the immigration office.

6. If the sick leave used by Employee pursuant to Article 15 hereof exceeds thirty (30) days.

② In the event that this Contract is terminated pursuant to the foregoing ①, Employer shall pay Employee a prorated salary based on the number of days actually worked by Employee. In such event, Employee shall be responsible for the return flight to his/her home country. Employee's visa will subsequently be cancelled.

③ In the event of termination of this Contract pursuant to any of the provisions set forth in the foregoing ①, Employee shall immediately refund the loan to Employer pursuant to Article 11①.

Article 20 (Indemnity) Employee shall indemnify for and keep Employer harmless from any liability or damages arising from or in relation to any negligent, intentional or illegal activity of Employee during the Term of Employment under this Contract.

Article 21 (Consent to Information Provision) Employee agrees that the information on his/her application form and Personnel Record Card can be used for governmental statistics collected by employer and the Korean government or for his/her reapplication into the public school system.

Article 22 (Governing Law, Language and Venue) ① The terms of this Contract and the rights and obligations of the parties hereto shall be construed, interpreted and determined in accordance with the laws of the Republic of Korea.

② The Governing language of the Contract shall be Korean. The English translation of this Contract is made for the purpose of convenience.

③ If a dispute or disagreement should arise in connection with or out of this Contract, the parties hereto shall first try to resolve it in accordance with a principle of good faith. However, if the parties fail to mutually resolve such disputes or disagreements or come to amicable settlements, their disputes or disagreements shall be finally resolved by arbitration in Seoul, Korea in accordance with the Commercial Arbitration Rules of the Korean Commercial Arbitration Board.

④ Matters not explicitly stated in the Contract shall be determined by Employer by taking Employee's concerns into consideration.

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

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