Korean Job Discussion Forums

[JFV]

Just received this contract offer from BGV. They are a new company with state of the art facilities but they are run in a camp format and they require me to work 40 hs/week. I have alot of fear about this... any feedback is certainly appreciated. What should I try to negotiate?


EMPLOYMENT AGREEMENT

THIS EMPLOYMENT AGREEMENT is made between the Busan Global Village, and , the English instructor.

This EMPLOYMENT AGREEMENT has been made this ___________________ 2010.

Contract Conditions:

1. EMPLOYMENT

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

2. 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 Busan Global Village.

The employee will participate �on his/her time� in a maximum of 3 Busan Global Village 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 but on occasion, weekend work is required of all staff. Any activity for or with the Busan Global Village 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.

3. PERIOD OF EMPLOYMENT

The total Agreement term is 12 calendar months from the day the employee reports for work at the Village (_________________, 2010).

4. EMPLOYEE�S DUTIES

a. Teaching Conversational and Written English to local students and other participants.
b. Attending teachers� meetings and various teaching task forces.
c. Participating in up to 3 Busan Global Village 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).

5. 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): per Pay Period.

d. Overtime: Any action and participation of the employee at the Busan Global Village 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 Busan Global Village 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 next day of 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.

6. 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.


7. 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 the Busan Global Village.

If the employee for any reason refuses the BGV employee housing, BGV is under no legal stipulation to provide a housing alternative or a housing allowance. Employee, upon initial refusal of the housing option, forfeits all future housing rights (and provided furniture, repair services, etc) for the duration of the contract to the employee housing unless otherwise proposed and agreed upon per the employer (BGV).

* 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 300,000won. 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.

8. 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.

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

Paid holidays are given in lieu of regular national holidays throughout the period of this contract. National holidays will be worked by the employee. The employer retains the right to place those National holidays in increments not totaling more than 5 working days. This will generally occur twice during the calendar year, the employee will be off during those times. The employee is also entitled to 15 days of vacation per year. These holidays and vacation times are paid, and the employee will not be asked to work extra hours to make up for these days.

* Vacation: The employee is permitted up to 15days of leave per year. This leave may be used as annual leave and/ or sick leave. If all the 15 days of leave are used as vacation time, there will be no more paid time issued to the employee in case of illness. All sick days required by the employee, if the employee has used all 15 days of leave, will be deemed unpaid or Saturday work.

The paid holiday arrangement is, however, subject to intervention from the employer in order to ensure unhindered operation of the Busan Global Village. If the employee agrees to stay for an additional year, s/he will be allotted a maximum of 3 weeks unpaid vacation which can be negotiated by the employee during contract re-negotiation. The duration of agreed unpaid leave will be met on a case by case basis, at the discretion of the employer. This optional unpaid vacation or paid 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 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 or the employee will be taken Saturday work by her/his choice. 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.

10. 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.

11. 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 seven(7) months, Employee shall immediately pay back 100% of the one-way airfare to Employer. If Employee works for seven(7) 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 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.

12. 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.

13. 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:

a. fails to perform at optimal levels(as indicated by student or staff surveys)
b. neglects his/her duties stipulated in this agreement.
c. is frequently absent from work without any excuse.
d. shows blatant misconduct either professionally or otherwise.
e. does not report to work without due reason or notice.
f. 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:

a. If the employer fails to perform its obligations under this agreement, including being paid on time.
b. 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.

14. 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.

15. GOVERNING LAW & JURISDICTION

This Agreement shall be governed by the laws of the Republic of Korea. The Busan-related 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.

The Busan Global Village The employee�s name and signature
President



Date: Date:

[onlyinkorea87]

Do you have experience teaching in Korea/a certification (TEFL, TESL, TOEFL, CELTA, etc)?

If you don't mind me asking: did you talk to the school's employees (current and past? Foreign and Korean?) What matters is if you like what you hear and see on the contract. It never hurts to have options and applying to other positions!


Good luck!

--Onlyinkorea87
My blog: http://www.onlyinkorea87.wordpress.com

[sallymonster]

OK, I'll help you. But next time, use the "contract posting thread".

[Linda868]

I would pass on this contract. It sounds like a lot of extra work. There seems be a lot of mandatory work (weekends, meetings, events, etc) which you have no say over it.

[jonkellyca]

Run!

Look for another school!

It has one of the worst reps of any school in Busan.

I hope I have made my point.

[DosEquisXX]

Don't think I've ever read a contract in which you don't get Korean national holidays off.

I wouldn't even try to negotiate it. Outright reject it. If you have teaching experience, you can be a chooser even in a tight market like this.

[oldfatfarang]

Please do not sign this contract. It only encourages other hagwons to think that they can exploit naive newbies.

Good luck. There's much better jobs (and conditions) in Korea.

[sojusucks]

No. Run from this crappy contract.

[JFV]

Wow, thank you for the consensus. I apologize for not using the contract posting thread, I goofed. Im kind of nervous because I would like to start in the beggining of September, but better late in heaven then early in hell

[David Gerrington]

[JFV]

[D.D.]

They lost me at 3 events up to 7 hours on my time plus staff meetings on my time . In other words free work for no pay -wow that would be exciting.

[valkyrian2]

Requests for a contract review should be in the sticky thread.

The Mod Team