Korean Job Discussion Forums

[Krazy4Korea103]

I really appreciate that I am able to have my potential contract reviewed by veteran teachers. While I have read about many of the classic red flags, of which this contract seems to have some glaring examples , its my first time doing this and it can be a little overwhelming at times.

I would appreciate any criticism/ suggestions anyone can make about this contract.

Thanks!!



1. INTRODUCTION:
This is an agreement between (hereinafter called `the instructor') and (hereinafter called `the institute' or `the school�). 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. CONTRACT DURATION:
(A) It is hereby agreed between the school and the instructor that the instructor shall teach at the school for one year, starting from (Mar 1/2011) to (Feb 28/ 2012).

(B) 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. RESPONSIBILITIES OF TEACHER
(A). 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, attendance records, syllabuses, telephone English, report cards, field trips, 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.

(B) The instructor's working hours (10:00 AM �6:00 PM) shall be determined by the School's schedule. When the instructor comes to work by 9:30 (30 min. preparation time)/leaves school at 6:05, it is essential for him/her to record his/her working time-In & Out time book. (Being late five times will be counted as one absence.) The teaching schedule can be changed according to School�s schedule.
(C) The instructor is responsible for familiarizing him or herself with all institute materials (books, audio equipments, games and English flash cards) relevant to teaching at the School. S/he shall complete the tasks agreed on schedule and guarantee the quality of work. The instructor shall faithfully teach and train students at the School.

Teacher�s Initial: ________

4. TEACHER'S SALARY:
(A) The teacher's total monthly salary shall be (2.3 mil) won. A severance pay bonus equivalent to one month salary will also be paid at the end of the one year contract. This compensation is in exchange for teaching an average of 6 hours a day, five days per week, totaling 120 hours a month during the contract year.

(B) On completion of ones responsibilities of the full contract (one year) period, the severance pay is (2.3 mil) won equivalent to the monthly salary. It will be paid only at the completion of the contract.

(C) If the instructor teaches, by mutual agreement of the instructor and the employer, additional teaching hours over and above 30 hours per week. Overtime compensation at (18,000) won/hour shall be paid for those hours.

(D) The instructor's salary will be paid monthly on the regular day for payment of instructor's salaries.

(E) Telephone English will be regarded as 2 hours teaching within the month.

5. AIRFARE TO KOREA:
The instructor's one-way (economy class) airfare to Korea will be paid by the school or the school reimburse to the teacher in case the teacher buy the ticket. Return airfare to the teacher's home country shall be paid by the school upon completion of the 12 month contractual teaching period. However, in the case of the contract extension with the school, the school will provide a return ticket when the instructor completes the teaching period of the extended contract. Return airfare will not be provided if the teacher leaves the school prior to completion of the 12 month teaching period. The departure airport should be an international airport near teachers� home. (Not domestic airport)


6. HOUSING:
(A) The institute will provide a private single person accommodation or shared apartment with private room free-of-charge to the teacher.

(B) The teacher's apartment furnishings shall include: basic cooking utensils, a refrigerator; a bed with clean linen; a washing machine; and a closet, TV, and a phone. If the teacher needs a cell phone, the school will get him/her a cell phone. When the teacher�s one year contract is completed, the cell phone should be returned to the school before the teacher leaves.

(C) Costs for all utilities, including lighting, heat, water and cell phone charge, shall be borne by the teacher.

7. VACATION TIME:
The teacher shall enjoy 10 days of paid vacation (in addition to all Korean national holidays and Saturdays and Sundays except 2 Saturdays/ a year-a kinder sports day and a Kinder graduation ceremony). The paid vacation will be normally 5 days for summer and 5 days for winter. But the schedule can be changed by school�s schedule. 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 or extra day off. 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. The above leaves will be included in the period of medical care compensation according to the Article 78 of Korean Labor Standard Law.

8. INCOME TAX:
Approximately 5% per month of the instructor's salary shall be deducted by the employer as withholding tax as provided by Korean law.

9. KOREAN HEALTH INSURANCE
Instructor 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 instructor. Instructor's share of this coverage will be deducted from instructor's monthly salary. (It also depends on whether you take a pension package or a local insurance.)
10. 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 or students� parents)

(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.

11. 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 (but, No hats, slippers or caps while s/he works), 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 and leaving work early without the prior approval of the institute director.
If it happens, then the amount of missed classes� charge will be deducted from the employee�s next month salary.
2) Conducting class while under the influence of alcohol, while smoking, or under the influence of illegal drugs.
3) Making sexual advances towards, inappropriate conduct or entering in to relationships with students, students� parents, or employees of the School (Also instructors should not all have personal contact to students� parents outside of school without permission.)

(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. If you get two warning letters, that will be grounds for termination in the future. 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 8 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) In case of the instructor�s criminal behavior or misconduct, he / she will be dismissed from employment immediately with no warning or notice.

(G) The teacher cannot work for other schools or companies without the consent of the school.

Teacher�s Initial: ________

12. 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.

Date: 2011- Date:

Director Teacher
Name: Name:

Signature: Signature:

[ttompatz]

Re-post it in the contract review thread (where it is supposed to be) - or just browse through the thread - your particular contract has been reviewed no less than 20 times (probably more but I stopped counting at 20).

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