Korean Job Discussion Forums

[jennad]

Hello, I was just offered a teaching position and am in the process of talking to teachers at the school. I am unfamiliar with these contracts, so any help would be appreciated. Let me know if you see any red flags!

Was also curious about the overtime portion. It states that overtime is at the sole discretion of the employer. Does this mean they can work me like a slave and get away with it....?

The Contract:


The institute and the teacher agree as follows;

1. The Teacher accepts employment from the Institute to teach English under the terms and conditions set forth here in this agreement for a period of twelve full and consecutive teaching sessions. Employment commences from the first day of teaching and finishes on the last teaching day of the last teaching session under the employment period in the agreement.

The employment period is from ( May 20th, 2011 ) to ( May 31st, 2012 ).

The teacher�s daily working hours�including preparation, class teaching, etc.� are 8 hours. The Teacher will have at least 21 classes(80 minute) per teaching week. Monday through Friday are teaching days except for scheduled public holidays and vacation days.

The Teacher is expected to devote no less than 2.5 hours a day at the Institute for lesson planning with co-teachers, student evaluations, reporting, consultation with parents, supervision of play, maintenance of the English environment during breaks, workshops, teachers' meetings and phone teaching.

2. Duties
A. Duties may include, but are not limited to;
i. teaching
ii. substitute teaching
iii. supervision of students
iv. preparation/production of teaching materials
v. curriculum design and implementation
vi. attendance at teachers� meetings and workshops
vii. writing evaluation comments and preparing evaluation reports
viii. essay and journal correction
ix. implementation of Teacher Policy Guidelines.
x. participation in micro-teaching group presentations
xi. interviewing new students for level testing / classroom assignment
xii. professional development
xiii. Teacher Training in the Institute or SLP headquarters.

B. The Teacher�s duties and responsibilities, as well as the academic programs, may be modified, from time to time, after being agreed upon by both the Teacher and the Institute
C. The Teacher may work longer than the usual working hours during the summer and winter vacation. Due to the way the Korean education system works, this schedule is unavoidable. Overtime will be given over the hours of agreement.
D. Any part of the Teacher�s workload can be converted into research and development work under his or her supervisor�s supervision.

3. Behavior
The Teacher should respect the rules and the standard of conduct set by the Institute (written, verbal and tacit) and obey the laws, regulations, instructions, and ordinances of the national and local governments.

4. Dual Employment Prohibition
The Teacher, after signing the agreement and receiving a work visa, can only legally work for an Institute designated by the Institute. If the Teacher works for any other institutes, companies, or individuals without the written consent of the Institute and the Korean Immigration Office, the Teacher shall face legal consequences which will/may include a fine and possible deportation.

5. Performance Evaluations
The Teacher may be evaluated in writing or verbal comment by his or her supervisor. The Institute has the right to determine if a performance appraisal is needed on a monthly basis or more frequently. The evaluation will include a review of the Teacher�s job qualifications and performance; the quality of his or her work; knowledge of his or her job, job skills, and attitude toward job; working relations with co-workers, students and parents; initiative, attendance, punctuality, and/or disciplinary record. The review is designed to provide both the Teacher and his or her supervisors with time to discuss his or her strengths, weaknesses, career objectives and other concerns.

6. Confidentiality
A. The Teacher hereby agrees covenants and undertakes that he/she will not disclose any information relating to the Teacher�s employment conditions to others, any teaching materials, or any information related to the academic program, whether verbally or written, to individuals or corporate entities.
B. All teaching materials, including any books, textbooks and teaching resources, given to the Teacher by the Institute and reference materials prepared for the classes, by the Teacher, should be returned afterwards. The Teacher must not take out or use these materials for purpose other than for teaching at the Institute.
C. All materials and information produced, during the period of employment, become the property of the Institute. The Teacher maybe compensated as a regular pay, overtime, or in an agreed-upon lump sum, remain the sole discretion of the Institute.

7. Compensation

A. Monthly Salary
Except for the period of orientation and teacher training, the Institute will pay the Teacher a total monthly basic salary of 2.1 million Won. The monthly salary is based on the monthly teaching session and payment will be made on 10 th day of the following the month. Korean income tax, National Pension and Medical Insurance will be deducted from the monthly salary.

B. Overtime
Overtime teaching - beyond 21 units classes - is paid at the rate of 1.2 times of the regular pay. The assignment of overtime above the regular 21 classes is at the sole discretion of the Institute. In case of substitute teaching, the Teacher will receive substitute teaching fee at the overtime rate, only if the substitute teaching class hours exceed the Teacher�s contractual class hours(21 classes per week). In case the Teacher is about or misses his/her classes, the Teacher shall be responsible for the substitute teaching fee at the overtime rate. In case that the Teacher uses the sick leaves over the allowance, the substitute teaching fee shall be deducted from the monthly payment.
C. Health Insurance
The Teacher will be covered by Korean National Health Insurance. According to the government guideline for teachers, the monthly insurance charge will be shared half by the Institute and the Teacher. Coverage will be from the date of joining to Korean Medical Insurance Union, commencing approximately 3 to 4 weeks after the teacher's arrival of Korea due to requirements of the immigration and taxation departments.

D. National Pension Plan
In accordance with the Korean Law, all foreign workers employed by Korean businesses shall pay into the Korean National Pension plan at a rate stipulated by the Korean National Pension Law deducted from monthly earnings with the Institute's contribution. Refund of the National Pension to a teacher who becomes a compulsorily insured Teacher, where the Pension Act of the Teacher's home country provides the benefit corresponding to the lump-sum refund of the National Pension Plan, the lump-sum refund of this plan shall be paid to the foreigner, according to Korean Law.

E. Severance Pay
On completion of one's responsibilities of the full employment period, an additional month of regular salary million Won per one year shall be paid as severance pay. If the Teacher, however, does not complete the full period of one year employment, none of the severance pay shall be paid according to Korean Labor Standard Law. Severance pay will be paid by bank transfer no later than 45 after the Teacher has left the Institute. Korean severance tax will be withheld.

8. Housing
A. The Institute will select and provide furnished living accommodation for the Teacher.
i. The Institute will provide the teacher an independent non-shared housing.
ii. Furnishings will include TV, refrigerator, washing machine, wardrobe, telephone, gas range, bed, dining table, and some eating & cooking utensils.
B. The Teacher is responsible for utility charges such as electricity, gas, telephone charges, management charge etc.
C. In the event the damage is due to the Teacher�s negligence, the Teacher will be charged any repair or replacement.
D. The Teacher must inform the Institute if there are visitors (family, friends etc) to stay in their apartment for an extended period of time otherwise the Institute will not allow these house quests or roommates who are not employed by SLP.

9. Holidays/Vacation/Leave
A. Teacher will be entitled to observe public holidays and receive vacation days during the employment term according to the yearly schedule provided by the Institute before the commencement of the year to which the schedule refers.

B. Sick Leave : Paid sick leave is only applicable in cases of actual illness. The Teacher must inform the absence to the academic supervisor 3 hours in advance and provide a doctor�s certificate or a stamp from a pharmacy upon return to work.

C. Emergency Leave : Emergency Leave is only applicable in cases of natural disaster, hospitalization, death of immediate family members(spouse, parents, son or daughter), fire, accident or other emergency situations that have been acknowledged as such by the Institute. Notification of Emergency Leave should, if possible, be given 24 hours in advance of the classes the Teacher expects to miss. The Institute cannot provide the Teacher with any additional compensation for airfare in the case of an emergency.

D. The Teacher is allocated 15 classes(80 minute) of Sick Leave, Emergency Leave and Personal Leave compensation in a year. If the teacher misses more than the 15 classes(80 minute), the related cost at the rate of 1.2 times of the regular pay will be deducted from his or her salary for every subsequent class missed.

E. Paid Vacation : The Institute provides the Teacher with approximately 2 weeks of paid vacation in one employment a year. The vacation will be scheduled on the annual SLP academic calendar, decided by the SLP Corporation, Sogang University.

10. Transportation
A. The Institute shall pay a round-trip airfare between the nearest International Airport from the Teacher's location applied and a major city in Korea. Round-trip airfare is provided only once. A one-way ticket will be provided to Korea and at the end of one's employment a one-way ticket to the port of the departure will be provided.

B. In case the Teacher fails to complete the employment by his or her own fault/reason, the Teacher shall pay back the Institute the total amount of the air ticket and the actual amount for the visa trip to Japan, in the case of an in-country hiring.

11. Termination
A. The Institute has the right to terminate the Employment for the following terms
Terms of termination ;
i. The Teacher fails to perform or unsatisfactorily performs any one of the duties stipulated in this agreement.
ii. The Teacher fails to perform duties for more than three (3) consecutive days without any excuse.
iii. The determination that the Teacher is prevented from or incapable of performing his/her duties for a medical reason, whether it is a physical or psychological ailment. (If requested by Institute, the Teacher must be immediately be available for a medical examination.)
iv. Receiving two warning letters.
v. Criminal behavior or misconduct.
vi. Working or Teaching outside of the SLP Institute.
vii. Breaches of Article 6 �Confidentiality�
viii. Defamation of Institute by falsehood
ix. Intentional act that result in injuring student

B. The Institute and the Teacher may terminate this employment with a written 60-days notice. Anything less than 60 days will be considered a breach of employment by the Institute or the Teacher unless the employment is terminated for a cause
i. In the event of early termination of Agreement, the final payment will be given 30 days after the last day of employment.
ii. In the event the Teacher terminates the Agreement, before the end of the contract, the airfare and recruiting fee will be reimbursed (deducted from last month pay).


12. Sole andThis Agreement is the sole, complete and entire employment, agreement and understanding between the Institute and the Teacher concerning the Employment; the terms and conditions of the Employment; the duration of the Employment, the termination of the Employment and the compensation and benefits to be paid and provided by the Institute to the Teacher pursuant to the Employment. This Agreement supersedes any and all prior employments, agreements, correspondence, letters of intent, understandings, and/or negotiations, whether oral or written, concerning the Employment; the terms and conditions of the Employment; the duration of the Employment; the termination of the Employment and/or the compensation and benefits to be paid by the Institute to the Teacher pursuant to the Employment.

13. Applicable Law and Venue
This agreement and each and every provision hereof shall be interpreted pursuant to the laws of the Republic of Korea without regard to any conflicts of law principles, and the venue in which a claim, action or lawsuit may be brought shall be exclusively the Republic of Korea.

(1) The teacher must provide the follow document in accordinance with Korean Immigration Law
A) Criminal Background Check
B) Health Check Self Record
C) Full medical check in Korea within 90 days of arrival

(2) All documents must be executed in accordance with Korean Immigration Law and be acceptable to Korean Immigration
(3) The teacher shall be responsible for the cost of the background and medical checks.
(4) In the case where a teacher fails the Medical Check in Korea , employment will be terminated immediately as per Korean Immigration Law and the teacher will be responsible for refunding the school the cost of the airplane ticket.

14.
(1) The teacher must provide the follow document in accordinance with Korean Immigration Law
A) Criminal Background Check
B) Health Check Self Record
Entire Agreement
C) Full medical check in Korea within 90 days of arrival

(2) All documents must be executed in accordance with Korean Immigration Law and be acceptable to Korean Immigration
(3) The teacher shall be responsible for the cost of the background and medical checks.
(4) In the case where a teacher fails the Medical Check in Korea , employment will be terminated immediately as per Korean Immigration Law and the teacher will be responsible for refunding the school the cost of the airplane ticket.


IN WITNESS WHEREOF the Institute and the Teacher have each duly executed this Agreement on the dates set forth below their respective signatures.

[Riker]

Read the stickies. This is the wrong thread.

[jennad]

[valkyrian2]

THE CONTRACT REVIEW THREAD: Post yours here for a review
http://forums.eslcafe.com/korea/viewtopic.php?t=197658