Korean Job Discussion Forums

[newbiesmom]

Hello, could you please review this contract that my son signed before we knew anything about hagwons and contracts? The school seems very shady and in less than one month has terminated him with no notice and was trying to say he had to get out of the apartment within one week. Seems like they had someone else selected already but the person couldn't come until now and they used my son as a "place holder".

He got one warning within the second week (talked too fast, not prepared). He got one day of orientation (the day after he arrived in Korea with the 14 hour time difference) and then was terminated in the 4th week. The recruiter is supposedly helping by getting the school not to terminate the Visa until he finds another job. The school is saying they haven't decided how much they are going to pay him yet.....

I would appreciate any comments/suggestions.



EMPLOYMENT AGREEMENT FOR TEACHER

FIRST YEAR CONTRACT


This EMPLOYMENT AGREEMENT has been made EMPLOYER under the license of City, South Korea (hereinafter referred to as the "Employer") and (hereinafter referred to as the "Teacher") under the terms and conditions set forth below.

Both parties agree on the following terms and conditions:

CLAUSE 1 (APPOINTMENT)
a. The employer agrees to employ the teacher during the period stipulated herein.
b. The teacher agrees to accept the employment and will work in his/her full capacity for the school.

CLAUSE 2 (PERIOD OF EMPLOYMENT)
a. The total Agreement term is approximately one year, commencing from the date of arrival in Korea and to the last teaching day of the teacher's twelfth full teaching session, according to the EMPLOYER session calendar*.
b. The teacher agrees to discontinue his/her residence in Korea under the visa status arranged and sponsored by the employer within three days after the completion of this contract. The teacher will be allowed to stay in the housing provided by EMPLOYER during this time. This condition will not apply if this contract is terminated for any reason before completion, and the employer has no obligation to maintain the visa status for any period of time beyond the termination date.

CLAUSE 3 (THE EMPLOYER�S RESPONSIBILITIES)
a. The employer and teacher are equal individuals working together to provide quality English instruction under the terms stated in this contract.
b. The employer will honor the terms and conditions of employment for the teacher as stated within this contract.
c. The employer will guarantee the teacher a monthly salary of 2.2mil Won per in consideration of the teacher�s teaching hours and proper preparation for the classes.

CLAUSE 4 (THE TEACHER�S RESPONSIBILITIES AND DUTIES)
a. During the terms of this Agreement, the teacher must cooperate and comply with the instructions and disciplines of the school. Assisting the Supervisor he/she must carry out assignments as directed by the employer. The Supervisor will be responsible for establishing and communicating the Standards of Performance as related to the duties stated in this contract.
b. The teacher must be at school at least thirty minutes prior to the first lesson and have adequately prepared for each class in advance.
c. At all times during the term of this contract, teachers must maintain a clean and neat appearance. While suits and ties are not mandatory, a professional appearance is desirable.
d. The teacher�s work will include the following:

①. Teaching the English language (Target students� ages: 4 to 15)
②. Development of educational programs and materials
③. Curriculum design and implementation
④. Indoor and outdoor classroom activities for/with students
⑤. Indoor and outdoor events for/with students
⑥. Grading, evaluation, and assessment of students
⑦. Providing students with individualized care
⑧. Attending teacher�s meetings and workshops

CLAUSE 5 (WORKING HOURS)
a. During the term of this Agreement, the teacher should work in cooperation with the Supervisor from Monday through Friday starting either from 11:00 am. To 8:00 pm. or from 9:30 am. To 7:00 pm.
b. Teachers will be required to attend some special events throughout the year (Workshops, graduation ceremony, etc.) which may fall on a Saturday. Teachers will not receive additional compensation for these days.
c. The teacher agrees to teach 120 teaching hours a session and to adequately prepare for classes.
d. The employer cannot guarantee the teacher�s requested teaching schedule.

CLAUSE 6 (SALARY AND OVERTIME RATE)
a. The employer agrees to pay the teacher salary of 2,200,000 won for 120 teaching hours per session and preparation for classes.
b. The payment of the salary is to be made on 14th of the following month.
c. Any class exceeding the 120 hours/session will be considered as overtime. The payment for the overtime will be 17,500 won per each working hour. Attendance at scheduled staff meetings and workshops, along with preparation for classes is mandatory and not considered as overtime.
d. The salary for assigned teaching hours is inclusive of preparation, and all teachers will have a scheduled block of planning time each day.

CLAUSE 7 (TAX)
3% of Business Income Withholding Tax and 0.3% of Resident Tax will be deducted from the teacher�s monthly salary according to the Korean Tax Law.

CLAUSE 8 (TRANSPORTATION)
a. Round trip economy airfare is provided with the one-year contract from the teacher�s nearest airport to the international airport in Korea and transportation from the airport to the teacher�s residence in Korea by reimbursement. Upon arrival, the employer will reimburse a half of round trip airfare. Upon completion of this contract, the teacher will be provided with the other half amount of round trip airfare.
b. If the teacher leaves the school before his/her contract period ends, the school will not pay for his/her return ticket.
c. If the teacher leaves the school prior to completing six (6) months period of this contract for any reason, the teacher must reimburse the school the cost of the ticket paid by the school or the school may deduct the equivalent amount from the teacher�s last month�s pay.

CLAUSE 7 (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 employer and the Korean Immigration Office, the Teacher shall face legal consequences which will/may include a fine and possible deportation.

CLAUSE 8 (Performance Evaluations)
The Teacher may be evaluated in writing or verbal comment by his or her supervisor. The employer 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.

CLAUSE 9 (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 employer 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 employer. The Teacher may be compensated as regular pay, overtime, or in an agreed-upon lump sum, according to an agreement between the teacher and the employer.

CLAUSE 9 (ORIENTATION PERIOD)
a. Upon arrival in Korea, the teacher will be guaranteed two days for an orientation period, before being expected to begin his/her regular teaching work.
b. The teacher will be on the payroll from the day after his/her arrival in Korea, except for weekends and national holidays.
c. During the orientation period the teacher is required to be at the school making lesson plans and learning about the school system. The rate of payment for the orientation period will be 30,000 won per day. Payment for the orientation period will be paid together with the teacher�s first month salary. The orientation and training schedule will be approximately 8 hours a day.

CLAUSE 10 (MEDICAL INSURANCE)
a. The teacher will be covered by medical insurance under the Korean Medical Insurance Union.
b. Half of the insurance premium will be paid by the Employer and the other half by the teacher. (For reference, the current insurance premium rate is 1.5 % of the monthly salary) Teachers should be aware that medical coverage does not become effective until you have an E-2 working visa and have been issued an alien registration card from immigration in Korea.

CLAUSE 11 (VACATION & HOLIDAYS)
The teacher will be allowed for national holidays and vacation that are indicated in the EMPLOYER calendar.*

CLAUSE 12 (EMERGENCY LEAVE)
a. The employer agrees that the employee is entitled to 5 working days of emergency leave, in the event of death in the employee�s immediate family. The immediate family shall include parents and siblings of the employee. For this emergency leave, no deduction of salary will be taken place.
b. The employer cannot provide the teacher with any additional compensation for airfare in the case of an emergency.
c. The employer has the right to request (upon return to Korea) reasonable proof for having granted emergency leave.
d. In the event that a period longer than 5 working days is required for emergency leave, it is up to the employer�s discretion to permit such a period.

CLAUSE 13 (SICK LEAVE)
a. The teacher will be granted three sick days during the agreement of this teaching contract. It is the teacher�s responsibility to notify the supervisor or director directly as early as possible when a sick day must be taken, as a substitute teacher must be scheduled.
b. When a teacher uses one of the allotted three sick days, the number of classes the teacher is scheduled for on that day will be counted towards the total number of classes taught for that session. In the event the teacher must leave the school during the day due to an illness, it shall count as one of the three allotted sick days. Teachers may be asked to present a doctor�s note when two or more consecutive sick days are required.
c. In the event that teachers who have used the allotted three sick days require further absences from classes for any reason (excluding emergency leave), 12,000 Won per forty minute class shall be deducted from their salary. Frequent absences from classes will result in a warning letter and/or dismissal.

CLAUSE 14 (ACCOMMODATIONS)
a. The school will provide the teacher with furnished accommodations, either a two or three bedroom apartment, which is to be shared by two or three teachers and with a shared kitchen and bathroom. In either case, the teacher is to be allocated with a single separate bedroom.
b. Furnishings being provided by the employer include: television, refrigerator, washing machine, bed, wardrobe, fan, kitchen table, basic utensils, chairs, two-burner gas hot plate, and telephone. The teacher will be expected to provide his/her own pillow, pillowcase, and sheets.
c. Selection of the apartment will be made by the employer.
d. The cost of monthly service, utilities, and telephone charges for the accommodations will be paid by the teacher. In the case of a shared apartment, the cost will be shared by the housemates.
e. For the first two months, the Employer will withhold a deposit of 1,000,000 won by deducting 500,000 won from the first and the second month salary respectively, in order for the employer to pay off utility and telephone charges, received by the employer during the two months after the termination of the contract.
f. Any balance due the teacher after all bills have been paid will be transferred to the teacher�s account back home two months after the termination of the contract.

CLAUSE 15 (SEVERANCE PAYMENT)
Upon completion of this one-year contract, the teacher will receive one additional basic salary of 2,200,000 won as a severance payment in accordance with Korean Labor Laws. This payment will be made at the time of completion of the contract period and income tax will be withheld from this payment.

CLAUSE 16 ( DISMISSAL OR VOLUNTARY RESIGNATION )
a. The employer reserves the right to dismiss the teacher from employment for the following causes:
①. Neglect or inability to perform his/her duties stipulated in this agreement
②. Frequent absences from work
③. Receiving two warning letters
④. Criminal behavior or misconduct
⑤. Teaching any private classes outside of the EMPLOYER school
b. The employer agrees to give the employee 20 working days notice in the event of dismissal. However, in the case of a teacher�s criminal behavior or misconduct, he/she will be dismissed from employment immediately with no warning or notice.
c. In the event the teacher resigns from employment, he/she can do so giving 20 working days notice to the employer.
d. In either case of dismissal or resignation before completing six (6) months period of the contract term, the teacher must reimburse the employer the cost of the ticket to Korea.
e. In either case of dismissal or resignation before completing the contract term, the teacher will NOT receive any severance payment in accordance with Korean Labor Laws.
f. If the teacher�s resignation is determined to be voluntary � unilateral and without just cause � within 8 month, the teacher will be liable for up to 1,000,000 won for the costs in replacing a teacher.
g. In case of the teacher�s failure in conducting his or her work properly such as keeping late for the classes, not following the school directions, not cooperating with other teaching staff as a team and given three times of written notice by the employer before six months of contractual period, the employer can terminate this contract by the director�s decision. In this case, the teacher will be liable for up to 1,000,000 won for the costs in replacing a teacher as well.
h. In either case of dismissal or resignation, the employer shall receive its reimbursement for the costs in replacing a teacher by keeping the portion of accumulated but unpaid salary or bonus. In case the amount of accumulated but unpaid salary is not enough to cover the above costs, the teacher shall reimburse the relevant amount from his or her own budget before he or she leaves.

CLAUSE 17 ( GOVERNING LAW & JURISDICTION )

a. This Agreement is governed by the law of the Republic of Korea.
b. This Agreement is made final and firm unless any material modification or amendment to this Agreement is executed with the full knowledge and consent of the undersigned and incorporated into this Agreement.


In witness thereof, we have affixed our signatures hereon.


___________________________ ____________________________Employer Teacher

_________________________ ____________________________ Date Date


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[YTMND]

For contract reviews, there is a thread at the top for that.

In your case, don't bother with this contract. Delete the contract in your post, change the title of the thread to what you posted before the contract and the moderators won't lock this thread.

To address your situation, I would get as much as you can and move on to a new school. Unless you have money to burn it isn't worth the fight.

Also, I don't see why you couldn't fight it after getting another school. Be more careful next time.

[young_clinton]

I wish you good luck in dealing with these pieces of trash. Your son might consider getting a teaching license from wherever you live. He could easily get a public school teaching position in Taiwan with a license and probably not have to go through with this stuff.

[ttompatz]

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

Click the post reply button and NOT the "new topic" button at the bottom of the page.

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