Korean Job Discussion Forums

[xdog]

Employer and employee agree as follows: Employee accepts employment from employer to teach the English
language under the terms and conditions set forth here in this agreement for a period of twelve full and consecutive
months. Employment commences from the first day of orientation ( Jun , 3rd , 2013 ) and finishes on the last
teaching day of the last teaching session covered under this agreement.

Duration of Contract : ( Jun 3rd, 2013 ~ Jun. 2nd, 2014 )

Duties of Employee

1.0 During the term of this agreement, employee will be required to prepare for, teach and carry out all required
administrative duti es connected with classes assigned by the employer. Hours spent in office preparing lessons,
photocopying materials, student placement interviews, and other work related to the Institute shall not exceed 5
hours per week. No regular schedule of work hours can be guaranteed to employee. Payment made for
assigned teaching periods is inclusive of payment for preparati on and administrati ve duties connected with those
assigned classes. Employee agrees to attend meetings and training workshops scheduled by employer. The
purpose of meetings and workshops is to inform employees of matters relati ng to employee � s duties and the
institute � s operation, or to assist in employee � s professional development. No payment in excess of or in addition
� to employee s monthly salary will be made for attending meetings or workshops scheduled by employer.

1.1 The minimum teaching requirement is an average of Thirty (30) per week, fifty-minute periods per teaching hour,
such average being calculated over each month. Monday through Friday are teaching days except for scheduled
public holidays and vacation days. The teaching hours will be between 2pm and 10pm, except during the
summer and winter vacation periods.


1.2 The employer will have the authority to require employee to perform teaching duties in excess of the minimum
teaching requirement, such excess being no more than an average of two teaching periods per day. Total
teaching periods in excess of the minimum requirement is considered overtime and calculated on a monthly
basis.

1.3 At all times during the term of this agreement, employee will directly adhere to and obey all the rules and
regulations that have been, or may hereafter be established, by employer for the conduct of employee or
generally for the conduct of instructors at the place of employment.


Compensation of Employee

2.0 Transportation: Employer will provide for empl oyee an one-way economy class ticket for passage to Korea
from an interna tional airport (henceforth referred to as the �point of departure�). The point of departure will be
mutually agreed to by the employer and employee. On completion of the full contract period, employer will
provide for the employee an economy class ticket for passage from Korea to return to the point of departure. In
the event that the employee continues employment under subsequent employment agreement with employer;
the return air ticket wil l be provided at the time of completion of the subsequent contract period(s). Air tickets
provided cannot be exchanged or cash equivalents or transferred to persons other than the employee. Employer
does not agree to, and is not liable for, compensati on to employee, whether in cash or otherwise, for air tickets
that are not used by employee.

2.1 Housing : Employer wil l select and provide furnished single living accommodations for employee.
Furnishings provided by employer will i nclude: A TV and VCR, A Bed, A Refrigerator, A gas range, microwave
oven, an electric toaster, a table, wardrobe and anything that the school sees fit to provide.

2.2 Utilities: The cost of monthly housing service, all utilities, internet, cabl e TV, and telephone charges for
accommodation provided by employer will be paid by employee. It is the responsibility of the employee to pay
these costs on a regular monthly basis. In the event that employee completes this contract, is dismissal or
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vol untary resignations and does not pay all outstanding monthly services, employee will be billed to their native
country and will be reported a national collection agency if charges are not paid i n a timely manner.




2.3 In the event that employee vacates employer-provided accommodation during the contract term, and the lease
for the accommodation must be canceled, employee agrees to pay any cancellation charges or other expenses,
if any, incurred by employer due to the cancell ation of the l ease of the accommodation employer originally found
for employee.

2.4 Salary: Except for the period of orientation and training, employer will pay employee for the minimum teaching
requirement mentioned above the amount of 2,100,000 Won/ month of this agreement. Teaching salary will
commence from the first day of teaching. Korean income taxes (3.3%) and Korean National Pension Scheme
deductions will be withheld. Monthly salary payments will be made on or before the tenth day of the month
following the month during which the employment services were provided. Employee will be paid at the rate of
18,000 Won for each teaching period in excess of the minimum teaching requirement.

2.5 Severance Payment: Dependent upon completion of at least one full year of employment wi th employer,
employee will be given approximately one month� s salary payment, according to Korean Labor Law. This
payment is made at the time of termination of employment, including any periods subsequent to that covered
under this agreement.


Treatment of Employee

3.0 Korean Labor Law: By law, all foreign Employees are subject to the same labor laws as Koreans; therefore,
Employer and Employee agree to follow Korean Labor Laws governing the Korean Pension (soci al security)
program and other regulations. Any event not described in this contract shall be resolved in accordance with
Korean Labor Law Standards and related regulations, or by mutual consent of both parties.

3.1 Orientation and Training : Shortly after arrival in Korea, empl oyee will be required to undertake orientation and
training before commencing teaching. The period of training and orientation will usually be two days but
employer reserves the right to reduce that period i n cases where employee arrives in Korea less than one week
before the commencement of a scheduled teaching session.

3.2 Holidays and Vacation: Employee will be entitled to observe public holidays and receive paid vacation days
during the contract term accordi ng to a yearly schedule provided by employer before the commencement of the
year to whi ch the schedule refers. There are at l east ten (10) paid vacation days in each calendar year (January -
� December). It includes Maple College s summer Vacation.

3.3 Sick Leave: Employee is allowed a maxi mum of five (5) days of sick leave per year. Employer must be notified
at least 12 hours before sick leave is used. In the event that Employee is absent for more than three
consecutive days, employee must provide an original medical certificate after the day sick leave was taken.
Employer will not be financially responsible for reimbursing the costs of the medical certificate. Pro-rated
amounts of sick leave are provided for employment terms of less than twel ve sessions. The value of unused sick
leave remaining at the completion of this agreement term will not be paid to employee.

3.4 Medical Insurance: Employee wil l be covered by medical benefits under the Korean Medical Insurance Union, a
Government Health Organization. The costs of this coverage will be borne half by employer and half by
� employee. The monthly premium is approximately 20,000 won of the Employee s monthly salary.


Dual Employment Prohibition

4.1 Employee, after signing the agreement and receiving a work visa, can only legally work for the Institute
designated by Employer. If Employee works for any other institutes, companies, or individuals without the
consent of Employer and Korean Immigration Office, Employee shall pay one month � s salary and the total cost of
hiring and replacing the Employee and any other losses ensued by his/her conduct, including losses incurred by
the Institute if they lose their license to operate the school.






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Dismissal or Voluntary Resignation

5.0 Employer will have the right to dismi ss employee for unwillingness or inability to meet conditions of employment
as set out under this agreement, for conduct seriously jeopardizing any student or staff person, or for criminal
activity.

5.1 In the event that the employee i s dismissed, or in the event that the employee voluntarily resigns prior to the
termination of the term of this agreement, employer will pay salary due to date of termination. Employer will not
pay the cost of return transportation to point of departure for employee, nor wil l employer pay any severance pay.
Further, employer will be entitled to withhold an amount less than or equivalent to, but not exceeding, the cost of
relocation allowance given on arrival in Korea and the cost of air fare provided for travel to Korea.


Covenants

6.0 Employee hereby agrees, covenants, and undertakes that he/she will not undertake any teaching duties or
employment with any persons or organizations other than the employer. To undertake such employment is a
breach of Korean Immigration law and can have serious consequences.

6.1 The employee understands and accepts that the rights to use, sale, di stri bution, or publication of all original
material produced by the employee during the course of employee's employment, and for which the empl oyee is
compensated as either regular pay, as overtime, or i n an agreed-upon lump sum, remain the sole property of
employer.


Jurisdiction

7.1 This agreement wi ll be interpreted according to the internal (domestic) laws of the Republic of Korea. A
competent court in the Republic of Korea will have j urisdiction in regard to any dispute or claim arising out of, or
in connection with, this agreement.

7.2 Employer and employee have executed this agreement on the date indicated below. Intending to be legally
bound to, and in wi tness of, employer and employee have appended their signatures.


Employee Employer

[War Eagle]

Sorry, I don't have any input except this: the "please look at my contract" thread is in a sticky above.

[ttompatz]

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

118 pages of contracts and reviews. Wanna bet yours or one very similar to it has been reviewed at least a dozen times?

Time to spend an hour reading.
If you don't have an hour then you shouldn't be getting on a plane.

.

[Skippy]

Bad newbie. Wrong place to post.

As ttompatz said do read the thread.

Some quick points...

1. Where is Health Insurance? Whoops I found it and it is the wrong one.
2. The tax rate is too high and/or is like lt designation of a independent contractor scheme.
3. The illegal penalty deduction of a month's wage for working illegally. Section 4.1.