Korean Job Discussion Forums

[goodguy9]

can I get some feedback on this contract please? Do you see anything that is left out of it that is crucial? i.e. more sick days, vacation days (change "may" to "will"), orientation period, housing deposit, etc. I'd appreciate it alot! thanks.

XXXXXX English School

Employment Contract

This EMPLOYMENT AGREEMENT has been made this . . 2010 by and Between XXXXXXXXXXXX, a sole proprietorship organized and existing under the laws of Republic of Korea, and having its principal office at 2F., West Banpo Sangdong B/D, 54-1, Banpo-4dong Seocho-gu, Seoul, Korea (Herein after called �Employer�), and Mr. (Passport No. ) a citizen of whose domicile is
. (Herein after called �Employeer�)

POSITION: English Language Instructor
EMPLOYER EMPLOYEE
School�s Name: Langcon English School Employee�s name:

Address: 2F. West Banpo Sangdong B/D, 54-1, Address:
Banpo-4dong Seocho-gu, Seoul, Korea.


(Hereafter to be referred to as the Employer) (Hereafter to be referred to as the Employee)

The parties agree as follows:

1. INTRODUCTION: This is an agreement between (hereinafter called `the instructor') and English School (hereinafter called `the institute' or `the school�, Korea). The instructor agrees to teach students at the institute at the times designated by the institute management, and agrees to develop and present educational programs for the students. The instructor agrees to follow and strictly comply with the School's policies and guidelines during the period of this agreement.

2. TERM OF CONTRACT:
1) This contract will be valid for a period of 12 months beginning 2010. . and ending 2010. . .
2) It is hereby agreed between the school and the instructor that the instructor shall teach at the school for one year; starting from of 2010 (The starting date of the contract is the teacher�s arrival date of Korea).
3) If the instructor wishes to renew his/her contract at the end of one year, he/she must inform the School two months prior to the end of one year's service, and the contract may, if both parties agree, be renewed at that time for another year by mutual agreement.

3. CONDITIONS OF EMPLOYMENT
1) The Employee will act in appropriately professional manner and be responsible for conducting professional English Language classes.
2) The Employee will be required to work for regularly schedule hours from Monday to Friday, Each teaching hour in excess for 30 hours a week is considered as overtime.
Classes and teaching hours are schedules at the institute�s sole discretion.
3) The Employee is required to attend in a staff meeting a week.
4) The Employee is required to go through an orientation and training program before starting Employment.
5) The teacher 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.
6) The instructor's working hours (1:00PM �8:30 PM) shall be determined by the School's schedule. However, the teaching schedule can be changed according to School�s schedule.
7) The instructor is responsible for familiarizing him or herself with all institute materials relevant to teaching at the School. The instructor shall faithfully teach and train students at the School.

4. SERVICES PROVIDED BY EMPLOYER
1) PAYMENT & TAX
a) The Employer will pay a monthly salary of \ for regularly scheduled hours which we mentioned on the page 1 worked.
b) The Employer may ask the Employee to work over time (the Employee has an option to refuse and will not be forced), and if the Employee chooses to do overtime, the Employer will pay for the overtime at the rate \18,000 won.
c) The Employee salary will be paid on the 10th of each month.
d) Tax for income will be deducted from the salary according to the Korean tax Law, and The Employer will provide the Employee the receipt for this.


5. HOUSING
1) The Employer will provide the Employee a furnished Single housing and the Housing will be provided at no cost to the Employee with the exception of maintenance and phone bills.
2) Costs for all utilities, including lighting, heat, and water, shall be borne by the teacher.
3) The Employee will be wholly responsible for any /maintenance and phone bills remaining for the duration of their housing lease

6. AIRFARE
The Employer will provide the Employee with one economy class ticket from nearest international airport to South Korea. The Employer upon arrival will provide transportation from the airport in South Korea to the employee�s new residence in Korea. After completion of the one-year contract, the Employee will be provided with an economy class return ticket. If the Employee leaves the Institute before his/her contract period ends, the school will not pay for his/her return ticket. If the teacher leaves the school before completing six (6) months of the contract for any reason, the teacher must reimburse the school the cost of the ticket the school has paid for his/her trip to South Korea. The Employer may deduct the equivalent amount off the employee�s last monthly salary payment.

7. MEDICAL INSURANCE & National Pension
The half of the insurance premium will be paid by the Employee and the other half by the Employer.

8. SEVERANCE PAY
1) Upon completion of this contract, the Employer will pay one month's salary as a severance payment to the Employee. This payment will be made at the time of completion of the contract period.
2) It will be paid only at the completion of the contract.

9. VACATION
1) The Employee may have 10-working days as paid vacation per year, which will be organized by the institute. (Days in which the Employee does not regularly work i.e., Saturdays, Sundays and National Holidays are not to be considered as part of the vacation period, only used during summer and winter vacation)
2) The paid vacation will be normally 5 days for summer and 5 days for winter. But the schedule can be changed by Langcon English school�s schedule.
3) Documented sick leave and emergency leave will be paid for a combined total of 3 working days a year. The teacher should provide the institute with as much advance notice as possible. The teacher should submit doctor�s prescription to the school for approving sick leaves. Unused sick leave may not be converted into any cash payment. If it is found that the hours/days of absence reported as sick leave or emergency leave were not in fact for such purposes, related costs shall be subtracted from the following months pay.

10. DRESS CORD
Teachers at all institutes are expected to dress somewhat formally while teaching and while on the institute premises. Men are required to wear a tie and women to wear a dress or pantsuits. Blue jeans, T-shirts, shorts. sandals and sneakers are not considered appropriate dress. All clothes worn are to be clean any neatly pressed. Koreans generally dress conservatively.

11. RENEWAL & TERMINATION OF CONTRACT
1) RENEWAL
The Employee must give the Employer a written 60-day notice before renewal or non-renewal of the Employee's current contract.
Both the Employer and the Employee reserve the option to renew the contract.
2) TERMINATION OF CONTRACT
Both parties will give at least a written 60-day notice prior to the termination date of the contract.
The Employer retains the right to terminate the contract immediately if:
* The Employee is unable to discharge the responsibilities or meet the conditions such as
being late for class on a continuous basis, continuous failure to keep regularly scheduled class hours and repeated often absences from classes without a valid reason.
* The Employee teaches a private class outside of the school.
* The Employee participates in any type of criminal activity of corruption of public morals which violates the laws of the Republic of South Korea.
If, for any reason, the contract is terminated before the full completion of the contract period;
The Employee will not qualify for benefits such as severance pay and the airfares.
Within 14-days the Employee is required to sign a notice of termination and accompany the employer to the Korean Immigration office to notify the Korean Immigration office of the termination.


12. INCOME TAX:
Approximately 3.3% per month of the instructor's salary shall be deducted by the employer as withholding tax. as provided by Korean law.

13. DUTY OF SECRECY:
A) The instructor shall not disclose any of the contents of this agreement, including salary, to a third party (including other employees of the school)
B) The instructor shall not disclose any information relating to the contents of lecturers and business operation of the School without prior permission of the School. Violation of this portion of the contract will cause the Instructor to be responsible to compensate the School for all possible losses suffered by the School.

14. ADDITIONAL DUTIES:
A) The instructor is required to conduct him/herself in a professional manner and to wear neat attire while at the school. Casual clothing is acceptable, provided that it is neat and clean.
B) The following forms of behavior will not be permitted.
1) Not following scheduled class timetables and dismissing, canceling, or starting classes late without the prior approval of the institute director or head teacher.
2) Conducting class while under the influence of alcohol, while smoking, or under the influence of illegal drugs.
3) Making sexual advances towards, or entering in to relationships with students or employees of the School.
C) The institute shall have the right to terminate this contract if the instructor violates the contract or fails to conduct him/herself in a professional manner. At least two weeks termination notice will be given to the instructor in such case. In this case, the institute has no duty to give the severance pay bonus and return airfare to the instructor.
D) If the Employee wishes to voluntarily resign from employment before the completion of this contract the employee must provide written notice to the Employer at least 6 weeks before the resignation
E) For a dismissal or voluntary resignation within 8 months of this Contract period, the amount of airfare will be deducted from the Employee�s last monthly salary.
F) The teacher cannot work for other schools or companies without the consent of the school.

15. DUTY OF EMPLOYEE
During the term of Agreement the Employee shall accept, obey, and strictly comply with the instructions, supervision, training, and discipline of the institute director and shall carry out such assignments as directed by the institute director.
These duties shall include ELS instruction in all phases of the program, administrative duties related to the Employee, classroom duties, administrative at scheduled staff meetings, workshops, and school sponsored outings and any other duties as may be assigned by the institute director.
The institute director is responsible for establishing standards of performance relative to the Employee and empowered to take necessary steps to assure that those standards are met.
This contract is for between the school and a teacher, the Employee will not let on to out of the school or other teacher at school about the contract such as salary, working hours etc.

16. GOVERNING LAW & JURISDICTION
1. This contract is governed by the low of the Republic of Korea.
2. This contract is made final and firm unless any material modification or amendment to this contract is executed with the full knowledge and consent of the undersigned and incorporated into this contract.

17. Both parties have carefully read this contract; they have agreed to its terms in good faith; and they will attempt to resolve any disputes which may arise in accordance with the terms of the contract, and in a reasonable manner. All disputes which cannot be resolved by the parties to this contract will be resolved through the legal system of Korea in accordance with Korean law.
I duly agree on the contract stated above.


In witness thereof, we have affixed our signatures hereon.

Employee: Date: ______________________


Employer: Date: ______________

[AsiaESLbound]

Well I don't know where to begin other than to tell you to make more of an effort in your job search. What is the salary?

While this contract stinks in my opinion, it's tough to judge a job off of a poorly written contract, because they might be a good place to work where you feel satisfied and happy about your time there. On the other hand, it might be a miserable Shanghaiing.

[goodguy9]

thanks for the reply. I don't associate working enviornment with work contract; althought the two do go hand in hand somewhat. I'm just seeing how I could get screwed contractually for things not written in there. Korean don't place equal importance on contracts as we do (USA). pay is 2.3 mi and it's in gangnam. Does anyone else feel that this is two low for a second year returning teacher???? I think so. as far a job search goes, I've been doing about 3 interviews a week for the past three weeks with schools. All of which I have turned down. This one is just another drop in the bucket. I must say, I do enjoy interviewing with the schools on a good wine buzz....

[Morticae]

There's a contract thread stickied for all contract postings, they are regularly commented on there.

[kiwipenny]

Sounds a bit uptight and pay is not great.. you can find better for a first year let alone returning teacher ^^ I'd say keep looking~~

[nomad-ish]

it's definitely not the worst i've seen, but you could do better. the tax seems a bit high and if your school is in gangnam, chances are you're going to have a commute. i also don't like the weekly staff meetings (when and how long are they?) or the free non-teaching OT they've listed in the contract (it's probably going to be on top of your 1-8:30 pm working hours). also, the teaching OT rate is low too.

[jamiemexi]

What is the salary.

[valkyrian2]

belongs in the contract sticky.