Korean Job Discussion Forums

[herenorthere56]

Hi all,

I just received this contract and as a newbie, I would be grateful for any opinions! I see a few things I don't love, and am wondering if this job is worth taking. Thanks in advance!


AGREEMENT

THIS EMPLOYMENT AGREEMENT (�this Agreement�) is made by and between xxxxxxx a private learning institution in the Republic of Korea (�the Employer�), and ___ xxxxxx _ _________(�the Employee�).

WHEREAS, the Employer desires to employ the Employee for the position of an English Teacher at the xxxxxxxxxx located in xxxxxxxxxxx xxxxxxxx, South Korea, and the Employee desires to accept such an offer of employment.

1. DEFINITIONS


As used in this Agreement, the following terms shall have the meaning stated:

1. �Employment Date� shall mean the actual date that the Employee begins work at the xxxxx Campus, _ _xxx _2011.
2. �Termination Date� shall mean the date one (1) year from the Employment Date.


2. EMPLOYMENT, TERM, DUTIES, AND EXCLUSIVE EMPLOYMENT
1. Duties and Responsibilities of the Employee; Place of Performance of Service; Obtaining a Visa in South Korea; Requirements of the Employee. The Employee shall have the duties and responsibilities for the teaching of the English language overseas, at the physical premises located in South Korea to students of Korean origin, by complying and following the academic program set forth by the Employer.


2. Duties may include, but are not limited to;
1. Teaching
2. Substitute teaching
3. Giving interviews to students for placement tests
4. Supervision of students
5. Preparation/production of teaching materials
6. Curriculum design and implementation
7. Attendance at teachers� meetings and workshops without additional pay. Attendance is required as it allows time for discussion of topics concerning the program such as new policies, procedures, methods of training, instruction, curriculum content, and other matters as needed, in addition to upgrading one�s professional knowledge and skills.
8. Writing evaluation comments and preparing evaluation reports
9. Essay and journal correction
10. Execution of duties as an assistant Homeroom teacher
11. Implementation of teachers� policy
12. Participation in micro-teaching group presentations


13. Dress in a manner befitting a teacher as described by xxxxxxxxxxx.
14. Other duties as assigned.


3. The Employee�s duties and responsibilities, as well as the academic programs, may be modified, from time to time, after being agreed upon by both the Employee and the Employer. Any modification(s) in the Employee's duties and responsibilities, and/or academic programs, shall not constitute a termination of the Employment, constructive or otherwise if not agreed upon beforehand by both parties.


4. The Employee�s schedule:
1. The Employee shall arrive at xxxxxx at least one hour before his/her first scheduled class to ensure that proper preparation is taking place.
2. The Employee�s schedule will be different during the summer and winter sessions of the school year. Each session will be 4-6 weeks long and will take place in January and July/August of each year. During these sessions, overtime will be required. The Employee may work longer than the usual working hours. Overtime rules will apply and the Employee will be compensated as outlined within this agreement. Due to the way the Korean education system works, this schedule is unavoidable. The Employer understands that this is a heavy load and the Employee's cooperation is greatly appreciated.
3. Should the Employee be scheduled to work the morning hours of Kindergarten, s/he is required to arrive at the campus by 10:00AM and be in the classroom by 10:25AM on Mon,Wed, Fri. On Tue, Thursday come to school by 1:30 PM and be in classroom by 2:05PM. No regular schedule of work hours can be guaranteed to Employee. Work days are from Monday to Friday.


5. The Employee by entering into this Agreement attests and warrants that he/she is the holder of at least a Bachelor's degree, has a valid passport enabling him or her to travel freely in and out of his/her country of citizenship, has a clean background void of any and all felonious activities, and is of sound health both physically and mentally.


6. The Employee agrees to supply the Employer with an original of his/her Apostilled University Degree, a resume/CV, an apostilled criminal background check, and an E-2 Applicant's Health Statement, and to allow copies of said degree and his/her alien registration card to be posted at the school, per Korean Labor Regulations. The Employer will give the degree back to the Employee after its possession is no longer necessary.


7. The Employee must also supply the Employer with four (4) passport-sized photos upon his/her arrival. The photos will be used in xxxxxxxx advertising flyers and on the website. Additionally, the Employee must provide an e-mail address to be posted on the xxxxx website. This e-mail address can be designed specifically for said purpose.


3. TERM OF THE EMPLOYMENT


The Employment shall begin within 1 week after the Employee's arrival into South Korea. The first week will be considered as unpaid leave allowing the Employee to adjust and settle in a bit before beginning employment. During this period, the Employee will get the "Teacher's Training Program� from the company. The "Employment Term", and unless sooner terminated, as provided below in Section 6 of this Agreement, shall continue for a period of one (1) year from the Employment Date, and unless renewed, shall automatically terminate on the Termination Date.

4. NO OTHER COMPETITIVE EMPLOYMENT OR ACTIVITIES


During the Employment, the Employee shall diligently and conscientiously devote the required professional/business time, energy, interests, abilities, and attention to discharging his duties to the Employer, and shall not, without the express prior written consent of the Employer, render to any other person, corporation, partnership, firm, Employer, joint venture or other entity any services of any kind for compensation, or engage in any other activity that would in any manner whatsoever compete with the Employer, be adverse to any interests of the Employer, and/or in any manner whatsoever interfere with the performance of the Employee's duties for the Employer.

5.

DUAL EMPLOYMENT PROHIBITION

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

6.

COVENANTS

The Employee hereby agrees and undertakes that s/he will not disclose any information relating to the Employee�s conditions, compensation, benefits, and/or Term of Employment to others, nor any teaching materials or information relating to the academic program, whether verbally or written, to individuals or corporate entities.

All teaching materials, including any books given to the Employee by the Institute, should be returned after completion of use, and the Employee may not take or use said materials for any other purposes than the duties as outlined above, II., B., unless the expressed written consent of the Employer is obtained

7.

COMPENSATION AND BENEFITS

During the employment, and pursuant to Section VIII, D, (Early Termination by Employee), the Employee shall receive:

1. Monthly compensation in the amount of ₩2,100,000 Korean Won will be paid based on 37.5 classes (40 minutes each) per workweek during the described working hours and days (150 per month). The Employee shall perform his/her duties at the designated times, 5 days per week, Monday through Friday. The Employee will be paid on the 5th and 12th of the month for the previous month�s services rendered. Additional classes taught beyond the agreed upon base hours per month will be compensated as outlined below under letter E.



Salary paid for a partial month�s work will be prorated as follows: Base monthly salary divided by the base number of hours contracted. This figure will be multiplied by the number of actual class hours worked. The base hours refer to the number of 40 minute classes. 50 minute classes will be figured at 1.25; 60 minute at 1.5. For example, if your monthly salary is 2,000,000 Won for 150 hours and you worked 146 hours, then your monthly pay would be 1,946,667 Won.

If the number of scheduled classes is under the contracted base hours, the employee may choose to make up the difference by completing projects designated by the Employer.

2. Training:


The Employee will receive 5 days training. During this training period the Employee won't be paid. The training schedule will be given by the company when the employee arrives.

3. Housing


xxxxxx has 2 housing options as outlined below. The Employee and the Employer will agree to a housing option prior to the Employee's arrival and a letter of agreement will be signed by both parties prior to the Employee's departure from his/her home.

1. Housing Furnished by the Employer
1. A single housing with furnishings will be supplied by the Employer.
2. The Employer is not responsible for utility charges such as electricity, gas, telephone charges, etc.
3. Normal wear and tear maintenance needing to be accomplished on the apartment or furnishings will be paid for by the Employer. In the event the damage is due to the Employee's negligence, the Employee will be charged for the accomplished maintenance.
4. The Employee agrees to pay (600,000 Won) as a deposit.


This deposit is to cover unpaid monthly services, utility, and telephone charges. Employer agrees that the deposit will be returned in full to the Employee in the event of no outstanding charges. The Employer will deduct 200,000 Won per month for the first 3 months where the Employee makes their total base salary (i.e. a full month's work).

5. The Employee is responsible for paying all utilities and must submit the receipt of each payment to the school immediately. Failure to do so will result in the withholding of the Employee's monthly salary until receipts showing payment of utilities are submitted.
6. The Employee may have to share twice a year with a native English teacher who doesn't have housing yet after arriving from his/her country for a week by the request of the representative of the Employer.


2. Housing not furnished by the Employer:


Should the Employee opt to find housing on their own, then the Employer will grant the Employee a housing allowance in the amount of 300,000 Won per month.

4. Board:


All meals are the responsibility of the Employee, at the Employee�s cost.

5. National Pension Plan


In accordance with 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, to be deducted against monthly earnings with the Employer�s contribution.

Refund of the National Pension to the Employee, where the Pension Act of the Employee�s home country provides the benefit corresponding to the lump-sum refund of the National Pension Plan, shall be paid to the foreigner according to Korean Law.

6. The Employer agrees to pay the Employee overtime wages for any classes taught in addition to the agreed upon base monthly hours using the following guidelines:


The Employee will teach their base monthly hours for their base monthly salary. In the event the assigned class load exceeds the base monthly hours, then overtime pay will be 15,000 Won per class during normal working hours.

7. Medical Coverage:


If needed, it is highly recommended that the Employee register for Korean Medical Insurance. Korean Medical Insurance coverage, to be deducted from the Employee�s monthly earnings, is al covered 50% by the Employer. Once registered for Korean insurance, the Employee must keep it for the entire term of employment. Specialized medical care, such as MRI scan, is not covered under this coverage.

8. Emergency leave:


Emergency leave will be available and dealt with on an individual basis, as this is not a foreseeable circumstance. Leave taken will be considered unpaid vacation time, including vacation time and sick leave.

9. Severance pay amount will be equivalent to one month�s base salary.


It will be paid to the Employee upon the successful completion of this contract.( 1 full year completion)

10. Airfare:


The Employee will be granted airline tickets to Korea and from Korea back to the original point of departure.

Upon completion of the full contract term, return air transportation to the point of hire will be provided.

If Employee is dismissed or leaves the Institute voluntarily during the first six months of employment, s/he will reimburse the Institute for the cost of air transportation to Korea .

If the employee does not complete the full contract term, for any reason, the Institute will not be required to provide return transportation.

11. Travel:


Traveling to other cities and countries is not restricted so long as it is during the Employee�s personal time and does not interfere with Employment schedule and performance. Travel expenses are the responsibility of the Employee at the Employee�s expense.

8. TERMINATION OF EMPLOYMENT


1. Early termination for cause


The Employer has the unrestricted right to terminate the Employment at any time for cause. Upon any termination for cause, the Employer's sole obligation to the Employee shall be to pay the Employee through the date of such early termination his/her earned monthly compensation, and no other benefits such as return trip airline ticket or reimbursement of shipping expenses shall be paid. The Employee shall reimburse the Employer, as liquidated damages, all expenses incurred in anticipation of the Employment of Employee, including the recruiting fee on a pro-rated base. Termination for cause is restricted to:

1. The Employee's deliberate and intentional refusal to perform his duties owed to the Employer as provided in this Agreement (Employee's breach of contract).
2. The Employee fails to make corrective actions based on written and oral feedback provided by the Employer based on the Employee's performance and evaluations.
3. The Employee's dishonesty and moral turpitude with respect to his relationship with the Employer.
4. Gross negligence or reckless behavior by the Employee which may result in demonstrable harm to the Employer.
5. The occurrence of any event constituting cause for termination shall permit the Employer to terminate the employment. The decision to take any other action, in response to any such occurrence, shall be in the sole and exclusive discretion of the Employer.


2. Early Termination by the Employer and the Employee


The Employer or the Employee may terminate this contract with a written 60-day notice.

3. In the event the Employer enacts the point of termination, the Employer shall pay the Employee for the 60-day period after an official termination of employment intent has been given to the Employee.


4. In the event the Employee enacts the point of termination, the Employee shall reimburse the Employer, as liquidated damages, all expenses incurred in anticipation of the Employment of the Employee, which includes airfare and the recruiting fee on a pro-rated basis. The airfare will be paid back using the following guidelines:
1. If the first half of the airfare has been reimbursed before 6 months of the contract has been fulfilled, then the Employee owes the pro-rated difference to the Employer.
2. If more than 6 months of the contract has been fulfilled, then the Employee does not owe the Employer any liquidity on airfare previously reimbursed, and also forfeits any reimbursement on a round-trip ticket, or the right to a one-way ticket out of Korea.


5. Effect of Termination



Upon termination of the employment after the satisfactory completion of the one (1) year period, or upon any early termination of the Employee�s Employment and this agreement, the following shall occur:

1. Within two days after the Date of Termination or early termination, the Employer shall pay the Employee all earned but unpaid monthly compensation.


2. Immediately after the Date of Termination, the Employee shall deliver to the Employer all of the Employer�s personal property, documents, records, and other items in the Employee�s possession or custody.


9. SOLE AND ENTIRE AGREEMENT


This Agreement is the sole, complete, and entire contract, agreement, and understanding between the Employer and the Employee 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 Employer to the Employee pursuant to the Employment. This Agreement supersedes any and all prior contracts, agreements, correspondence, letters of intent, understanding, 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 the compensation and benefits to be paid and provided by the Employer to the Employee pursuant to the Employment.

10. APPLICABLE LAWS 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.


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



(�The Employer�) (�The Employee�)


Signature______________________ Signature______________________

Date__________________________ Date__________________________
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Thanks so much for any input, much appreciated!

[soupsandwich]

Forget this contract and drive on...it is rubbish.


...looks like a Wonderland contract.




soupsandwich

[fungrel]

37.5 classes (40 minutes each) per workweek during the described working hours and days (150 per month).

Forget it.
It's a rubbish contract.

[ttompatz]

Post it in the correct place for a proper review.

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

or better yet, read through the contract sticky thread and KNOW what should and should not be in a contract.

If you don't have time to do a quick once over in the contract thread then you certainly don't have time to spend a year in Korea. A few hours of homework will save you a world of grief later and in spite of what any recruiter is telling you, THERE IS NO RUSH TO SIGN ANYTHING.

PS. this contract is shite.

.