Korean Job Discussion Forums

[lauramoro]

Employment Contract for Foreign English Instructor



The institute ( Employer ) wishes to engage the services of the instructor ( Employee as an English Instructor. The two parties, in a spirit of friendly cooperation, agree to sign to this contract and pledge to fulfill conscientiously all the obligations stipulated in it.



1. Length of Employment

The employment period under this contract shall be 12 months starting from September 1st, 2012 and ending August 31st, 2013. In the case that the beginning date of the contract falls before the legal entry date (as recognized by the Office of Immigration of the Republic of Korea) the 14 days will begin on the day of your first workday.


2. Work Place

The Employer shall, at his or her discretion, designate the work place. The Employee shall not engage in other jobs, including part time work or private tutoring during their employment period without the Employer�s agreement.



3. Work Hours and Over-time work

1) The workdays of the Employee are Monday through Friday, ( From 1:00 Pm To 9:00 Pm ). Maximum 30 teaching hours a week.
However, teaching hours shall be flexible in accordance with the institutions schedule in this case,
both parties shall be mutually agreed. During the summer and winter vacation periods, the
teaching schedule may change.
The Employee shall come to the school 1 hour early before the first class for the preparation.


2) The Employee shall attend in a weekly meeting at 01:15pm on every Monday.


4. Employee's duties

1) The Employee shall comply with the Employer's regulations and rules under the guide of the Director or Supervisor of the work place in order to perform their duties.

2) The Employee must to try to act with dignity as an English teacher acting in this manner during the whole time that the Employee works for the employer. The Employee shall comply with the laws, regulations and rules of Republic of Korea and shall not be involved in any illegal activities that might damage their visa status and the reputation of the Employer.

3) The Employee must observe her/his class schedules. Furthermore, the Employee shall attend staff meetings and workshops and prepare their classes as required. Those staff meeting, class preparation and workshops are not regarded as overtime.

4) In the case that the Employee will be absent due to unexpected sickness or accident, the Employee is required to give prompt notice. If the Employee will be absent twice a month without the Employer�s permission, then 20,000 won per hour shall be deducted from the salary.

5) The Employee shall use only teaching materials provided by or recommended by the Employer. The use of supplemental materials is encouraged, but only after the Employer gives prior approval. The Employee shall submit the next month�s teaching plan at the end of every month.

6)The Employee shall attend out-of-classroom activities for/with students. Also The Employee shall attend school Events.

7)The Employee shall give the students homework in every class which is well prepared and organized.

8)The Employee shall evaluate the students performance(ex: weekly quiz, mid-term and final-term tests and Book Report) and write a progress report for each student.

9) The Employee shall not reveal information regarding her/his class to other person or to other institutes. In the events that the Employment was damaged by the Employee�s revealing to others, the Employee shall have the responsibility for compensating the Employment�s damage.

10) In the event that a dispute arises, both parties shall try to resolve it amicably with understanding of different cultures and customs.

11) The Employee should present himself/herself to students as a professional. Casual attire, provided it is clean and neat, is acceptable. No ripped or torn clothing is acceptable.

5. Employer's Duties

1) The Employer shall provide the Employee with full support, shall respect the Employee's dignity and try to keep their relationship harmonious with the Employee.

2) The Employer shall pay the salary, as stated in this contract, and in case the Employee requests teaching materials, the Employer shall support these with utmost efforts.

3) The Employer acknowledges the differences of cultures and customs between the two parties. The Employer shall help the Employee to settle into their new residential and working circumstance. In the case of the Employee having trouble such as sickness and/or accident, the Employer is responsible for assisting the Employee.

4) The Employer shall not infringe on the Employee's privacy. In case the Employee brings disgrace on the Employer, the Employer shall have the right to ask the Employee to correct the situation.

5) In the event that a dispute arises, both parties shall try to their best to resolve it.


6. Compensation

1) The Employee shall be paid 2.1 million won per month for the regular working hours on, or before, the 10 of each month. The first salary shall be paid according to the workdays the Employee worked. The last utility fee shall be deducted from the last salary.

2) Overtime shall be paid at the rate of 18,000 won based per hour and paid with salary on the payment day.

3) When the Employee completes the contract without breaking the contract, the Employer must pay a severance payment equal to one month�s salary. If the Employee does not complete the contract then this payment would not given.

4) The tax for severance payment and salary must be paid as described the Korean Tax laws. All wages are to be paid in Korean Won to the Employee�s designated Korean bank account.


7. Housing
1) The Employee will be provided with single/shared APT which is furnished with basic appliances.

2) The following furnishings are provided: bed and sheets, wardrobe, TV, refrigerator, gas range, basic cooking facilities and utensils, and basic cleaning tools.

3) Monthly utilities for electricity, water, gas, oil and Internet are the Employee's responsibility. Furthermore, all the expense regarding his/her meals are also the Employee�s responsibility.

4) The Employee shall be responsible for maintenance of apartment, furniture and equipment. Any damage is the Employee�s responsibility.
.

5) Upon completion of this contract, the overdue for monthly utilities for electricity, water, gas, oil and Internet shall be deducted from the last month salary.

6)The Employee pay a deposit(300,000won) for the housing. The deposit will be deducted from the first salary of the Employee�s salary. The deposit will be refunded to the Employee 1day after the completion of the contract.


8. Air Fare

1) The employer will provide the employee with a one way ticket departing from employee�s the nearest international airport. If the Employee is hired within Korea, the Employer must cover the expenses for Japan visa run. If the employee leaves the school before 6 months, they must reimburse the school for the airfare or Japan visa run expenses.

2) When the Employee completes his/her contract, the Employer must buy an one-way ticket for the employee�s nearest international airport or pay equal amount money to the employee. If the Employee does not complete the contract then the Employer will not pay airfare.


9. Paid Vacation
1) The Employee can get 10 days in total for a paid vacation while the Employee is under the contract. The paid vacation will be according to the Employer�s schedule,-for example school vacation for summer and winter will include your vacation- during the period of the contract. National Holidays, Saturdays and Sundays shall not be included in a paid vacation.


10. Income tax and Medical Insurance

1) Income tax shall be withheld from the salary at a rate 3.3 of % in accordance with Korean Tax Law. The Employee shall be provided with the receipts.

2) The Employee shall be covered by medical benefits under the Korean Medical Insurance Union, Government Health Organization. Half of the premium shall be paid by the Employer with the other half paid by the Employee. The Employer shall deduct the 1-2 % of premium from Employee�s salary for his/her portion of the monthly premium and a receipt shall be provided to the Employee.

3) The Employer shall join the Korean National Pension accordance with Korean Law. Half of the premium shall be paid by the Employer with the other half paid by the Employee. The Employer shall deduct the premium from Employee�s salary for his/her portion of the monthly premium and a receipt shall be provided to the Employee.


11. Cancellation

The Employer may cancel the contract due to the circumstances specified below:

1) In such a case as the Employee, or any the Employee's dependents, violates any laws of Republic of Korea.

2) In such a case as the Employee uses drugs, excluding those supplied by prescription, or alcohol during their work hours.

3) In such a case as the Employee makes sexual abuse or as regarding overly abusive language and violence that you relate with students or employees of the institute.

4) In such a case as continuation of working is determined impossible due to the Employee's mental and/or physical impairment.

5) In such a case as there is continued failure to keep regularly scheduled classes and/or the amount of unexcused absence exceeds 3 days.

6) The Employee has already received three (3) reprimands (warnings) from the Employer of dissatisfaction with the Employee�s performance, and the Employee has not rectified the situation.

7) The Employee fails to conduct himself/herself in a professional manner (as described in Employee's duties section of this Agreement) resulting in damaging the image of the Institute.

The instructor should examine the medical checks ( including HIV, TBPE, Cannabinoid (THC)) after coming Korea. If the instructor tests Positive, The Employer may terminate this contract. And the instructor has to reimburse all of the cost of the plane ticket to the employer for coming. Also, the instructor has to reimburse all of the cost of hiring the instructor. (Commission for agency, and so on) , the instructor should leave Korea by yourself.

In case of failure to adhere to the above articles, the Employer shall notify to the Employee the cancellation of the contract in written form 15 days prior. The plane ticket and the severance payment shall not be given to the Employer.


12. Modifications and Termination

1) In case of modification, or termination, of the contract both parties must give 30 days prior written notice after mutual agreement between both parties.

2) In case the Employee�s death, war and/or any accident and that the Employee fails to acquire E-2 VISA, this contract shall be terminated.

3) The Employee can terminate this contract in the event the Employer does not follow this contract as stated herein, or in the case that the Employee is assaulted verbally, physically, and/or mentally by the Employer. If the contract is terminated by this case, the Employer shall give the Employee his/her release form.

4) After Employee is notified with the termination of the contract, the Employee must finish all her/his duties before the contract is actually terminated.

13. Miscellaneous provisions

1) The governing language of this contract shall be English. The English contract shall govern the translation into any other language.

2) The Employer and the Employee will act in good faith toward each other. The Employer will not dismiss the Employee without reasons that are reasonably considered as a good cause and the Employee will do their utmost to satisfactorily fulfill all the responsibilities and meet all the conditions as described in the above agreement.

The Employer and the Employee mutually agree on all the articles of this contract. In the event that and unresolved conflict arises, both parties shall follow the laws of the Republic of Korea to resolve it.

[nautilus]

Standard hogwon contract.

1- 9 is about an hour more than typical, but otherwise it looks fine.

[JustinC]

[Skippy]

Wrong area to POST. Post this in the contract thread!