Korean Job Discussion Forums

[Grotto]

I know there is one on EFL law

I saw a post of a decent contract on Dave's last week but now I cant find it...tried searching for it but cannot remember where it was.

Anybody know the post I am talking about?

Or

If you dont, post a good contract of your own.

We need some good contracts posted so that we can learn what not to accept.

Come on people help us all out.


I will start us off with a really bad contract


Go for Excellence
The English Friends Foreign Language Institute

EMPLOYMENT AGREEMENT

This employment agreement is made by and between the following parties:

Employer : The English Friends Academy
Employee :
Above-mentioned parties agree as follows:

1. JOB DESCRIPTION

The employee will be responsible for conducting professional, well-planned English language classes. The employee may also be assigned by the principal or vice-principal other education related duties, such as teachers� meetings, staff training sessions, workshops, daily schedules, report cards and new student interviews.

WORKING HOURS

The employee may be required to work split shifts. Specific teaching hours are not guaranteed under this agreement and the employer retains the sole right to schedule the employee based on the requirements of the employer.

PLACE OF EMPLOYMENT

The employee will be employed at The English Friends Academy.

SALARY

The employer shall pay the employee a salary of __ __won per month for 30 hours (1800 minutes) of classroom instruction per week.
The employee may be required to perform administrative duties as part of these 30 hours.
All overtime must be agreed to by the principal / vice-principal, prior to any being taken.
Overtime is calculated at 20,000won per actual hour.
The employee shall receive 10, 000 won per hour as overtime payment for administrative activities performed by the employee over and above the employee�s scheduled weekly 30 hours.

Korean income taxes, health insurance payment and pension plan contribution (except South Africans) will be withheld from the employee�s salary every month.

The employer shall pay 50% of the premium for the Employees� Health Plan, which is administered by TEFA. Once medical bills are approved, 70% will be paid out to the employee.

BONUS

A bonus equal to one month�s salary (conditional upon performance assessment by the principal or vice-principal) will be paid to the employee 45 days after the completion of the contract, once all outstanding bills and obligations are paid.

ACCOMMODATION

The employer will select and provide furnished living accommodation for the employee. The accommodation will be in a one bedroom apartment. The employer shall provide basic furniture items and appliances such as a bed, a kitchen table and chairs, a refrigerator, a washing machine, a gas stove and a telephone (not service) plus some utensils, pots, pans, glasses and cups. The employer will pay the rent for the apartment. The employee will pay for utilities such as power, water, gas, heating and telephone costs.

LEAVE

The employee is entitled to two weeks of paid vacation per contract year, one week which must be taken when the school is closed, generally during the months of July/August and a second week which can be taken at the last week of the contract. The employee cannot take any days off during the teaching year unless the employee gives at least 4 weeks notice. The employer must approve this time off. The school will attempt to provide, but not guarantee, vacations of one week in length.

The employee is entitled to three paid sick days per contract year. The employee may be required to provide proof of illness to receive a sick day. Excess use of sick leave will lead to a final warning, which may lead to dismissal.
The employee is entitled to National Holidays. Korean election days are not considered National Holidays and the employee must work on these days.
Vacation leave and sick days not used, will be paid out at the end of the contract.

AIRFARE TICKET

The employer shall provide an economy airfare ticket from the employee�s point of hire to Seoul. The employer shall also provide the employee with an economy airfare ticket from Seoul to the employee�s point of hire upon the satisfactory completion of this contract. Should the employer purchase a return ticket prior to the start of the contract, the employee is required to submit it to the employer upon arrival.

DUTIES AND RESPONSIBILITIES OF THE EMPLOYER

2.1 The employer is responsible for establishing performance standards relative to the employee and is empowered to take all reasonable steps to assure that those standards are met. This includes the provision of curriculum and teaching materials that the employee shall use.
2.2 The employer will undertake all the pertinent steps and measures in order to obtain a residence visa and work permit (E-2) for the employee prior to their arrival in Korea. For this purpose, the employee will furnish the employer with all documents that the employer requests, such as the original or certified copy of their University degree, transcripts and pictures. The expenses incurred by the employee for applying for and obtaining this visa will not be reimbursed.
2.3 Should the employer and employee agree that the employee arrive in Korea without the said visa, the employer will assume all extra costs associated with the visa process, but not the costs for obtaining a residence visa and work permit (E-2).
2.4 The employer will not be held responsible if the Korean authorities refuse to grant the visa.

DUTIES AND RESPONSIBILITIES OF THE EMPLOYEE

2.5 The employee will dress and behave in an appropriately professional manner as described in the Employee Policies and Procedures Handbook.
2.6 The employee understands and agrees that at all times during the term of this agreement, the employee will strictly adhere to and obey all laws and regulations of the Government of Korea (ROK) or any Korean local government officials.
2.7 The employee will conduct himself/herself in a manner that does not detract from the reputation or the good name of the institute.
2.8 The employee must allocate sufficient time each day to plan their daily classes.
2.9 The employee must give written or oral notice if he/she is not to teach a class, at least one day in advance. Should the employee not teach an assigned class (without notification), the employee may be dismissed and this agreement terminated.

MISCONDUCT AND DISMISSAL

2.10 The employer will work only for the employer. Any other employment is contrary to Korean Law and will be considered a breach of contract and is the cause for immediate dismissal.
2.11 The employee has to conduct himself/herself in a manner that does not detract from the reputation or the good name of the institute.
2.12 The employer has the right to dismiss the employee for neglecting their duties after being warned.
2.13 The employer will dismiss the employee for criminal conduct inside or outside the place of employment that would, in the opinion of the principal or vice-principal, seriously jeopardize any student or other employee.
2.14 The employer may dismiss the employee should the employee�s conduct damage or harm the reputation of the school.
2.15 The employee may be dismissed for financially harming the employer.

RE-ASSESSMENT OF THE EMPLOYEE

The employer has the right to re-assess the employee should the teaching hours of the institute not be sufficient for the employee�s retention. The employer will give the employee 4 weeks notice if such a case arises. The employer will retain the sole right as to which employees will be laid off. Should such a situation arise the employee�s bonus will be prorated but the employee will not be liable for any costs associated the hiring process, including recruiting fees and airline ticket costs.

RESIGNATION

Should the employee voluntarily resign prior to the termination of the term of this agreement, the employer will not be obligated to pay the employee any part of the bonus. The employee will also be obligated to return costs associated with the recruiting of the said employee, specially recruiting costs, airfare, visa costs and training costs, as per the following schedule: day 1 � 4 months � all costs in full. 5-11 months: total costs divided by the number of months left in the contract.

RENEWAL OF CONTRACT

Three months before the expiration of this contract, both parties should notify each other as to whether or not they will renew this contract for another year. The parties will then renegotiate the salary and terms of employment for the following year.

15. CONTRACT LENGTH
This contract is valid for one year and shall commence with the first day of employment.


DATE:___________________SIGNATURE:___ __
Employer


DATE:___________________SIGNATURE:___ __
Employee

[Gord]

What is the problem with that contract?

[Corporal]

[phaedrus]

Here's some more Gord:

[Grotto]

I didnt ask for comments I asked for people to post what they thought was a good or bad contract

Try to stay on topic please

[Wangja]

it's a spoof .... can be nothing else ....

[jaykimf]

I'm perfectly happy with the contract I have with my hagwon. It's entirely in Korean , all 4 or 5 sentences. I'm not really sure what it says, I just glanced at it and signed. I think the only important thing it says is the number of classes and my salary. The only reason we have a written contract at all is because immigration requires it. No mention of airfare, insurance, bonus , vacation or accommodation. Whenever I take a vacation, I get paid anyway, even though they don't have to. The rest I don't get. I've worked there three years without any problems. I wouldn't trade jobs with anyone and I'll be with them until I leave Korea. I think I have a perfectly good contract.

[MixtecaMike]