Korean Job Discussion Forums

[JJM30]

Hi all,

Below is my contract. Any input would be very very much appreciated. Thanks in advance

I. TERM OF CONTRACT
1. This contract will be valid for a period of 18 months beginning September 2013, and ending February 2015.

II. EMPLOYEE REQUIREMENTS
1 The employee will act in a professional manner and be responsible for conducting professional English language classes.

2. The employee will be required to work on a regularly set schedule.
Working hours may be generally from 9:30 am and the employee will get off 4:30- 7:00 pm.
( It�s different according to date)
The employees will do 30 hours of teaching per week and 120 hours of teaching per month.
The employees will do 40 hours of working per week and 160 hours of working per month.
The working hours include teaching hours and the employee must carry out any task asked to do during working hours except an hour lunch time.
If the employee teaches over teaching hours the employee shall be granted overtime pay.

3. In special cases, the employee may be asked to work on a weekend or on a national holiday.
The employee is required to attend unpaid events held by the Employer such as workshops, Head quarter training, school�s annual events such as New Parents� Orientation, Musical Concert, field trip, Open Class, Market Day, and Parents� meeting Day and etc.
The employee is required to attend a year- end party, retreats, and academic seminars held by employer. Sometimes it can hold on Saturday. The employee will not compensate the pay on that day.

4. The employee must submit the required documents for a visa by the due date, which both sides have agreed on. If the employee fails to submit the required documents by the due date, the employer may change the employee�s position or cancel the contract.

5. The employee must follow Korean immigration laws and take responsibility for any immigration duties including the primary Medical health check that are approximately 80,000KRW.
The employer will prepay all of your immigration duties first and the employer will deduct the sum of duties out of your first payment.

III. SERVICES PROVIDED BY THE EMPLOYER
1. PAYMENT
1.1 The Employer will pay a monthly salary of 2,200,000 KRW for regularly scheduled hours.

1.2 If the employee fails to work on the set hours due to tardiness, absence, etc.; the monthly payment will be calculated and paid using a daily rate and/or an hourly rate.
The method for calculating the daily rate: Monthly salary divided by 30.
The method for calculating the hourly rate: Daily rate divided by 6.

1.3 The employee may be asked to teach over 30hours of teaching a week or 120 hours a month. In the case of teaching of both over teaching and working hours, the employee will be compensated 20,000KRW per hour for the overtime. In the case of teaching only over teaching hours but working hours, the employee will be compensated 15,000KRW per hour for the overtime.

1.4 The Employer will pay the employee a monthly salary or the total amount owed for work performed in a month on the next month 10th of the following month. In the event that the employee doesn�t start working on the very first day of the month, their working days for that month will be counted from the day when they start working on a regular schedule.
The employee will have maximum 10days of unpaid training days before they start working.

2. HOUSING
2.1 The employee will be provided with a single furnished apartment. The apartment will be provided at no cost to the employee with the exception of utilities and housing management fees associated with the apartment.
The employee housing will be furnished with basic necessities such as an attached closet, bed, desk and chair.
All accommodations will also come with a gas stove, AC unit, Heater, and a washer. It is also recommended that the employee bring some money during the first month of employment.

2.2 The employee has the duty to preserve the condition of the housing and furnishings until the termination of this contract. If they are damaged or destroyed, the employee must restore them to their original state or pay the replacement of the same standard of quality.

3. AIRFARE REIMBURSEMENT
3.1 The employee has to arrange and purchase their entry air ticket by themselves. The air ticket must set with the employer. Once the employee passes the medical test and obtains an Alien Registration Card in Korea, the airfare amount up to 1,000,000 KRW will be reimbursed back to the employee in a week. For the reimbursement procedure, the employee must submit an accredited receipt and flight itinerary to the employer. When the employee completes his or her contract, the employer offers his or her return air ticket up to (1,000,000) KRW by the employer.

3.2 The employee who renews the contract for another year after fulfilling 18months contract is able to receive 900,000KRW. Applicable government deductions will be subtracted.
The employee who is hired within Korea will be provided with the amount of the expenditures (flight, hotel, etc.) for the visa run up to (600,000) KRW after submitting the itinerary and the receipt to the employer.
All flight schedules must be set with the employer before purchasing the flight ticket.

3.3 Any employee who does not fulfill a 6-month period must reimburse the amount of the entry air ticket to the employer.
Any employee who is hired within Korea and does not fulfill a 6- month period must reimburse the total amount of the visa run.

4. LODGING
4.1 The employer will provide lodging, if necessary, for the employee�s stay during the orientation and training period at a facility provided by the employer.

5. HEALTH PLAN
5.1 The employer will pay 50% of the premium for the employee�s health plan, which is provided by the employer and is administered through the employer. Participation in a health plan is mandatory under Korean Law. The employee will be responsible for remaining 50 percent of the costs.

6. Severance pay
6.1 The employer will pay severance to the employee upon completion of the contract. The amount of the severance pay will be equal to one and half months of salary, and applicable government deductions will be subtracted.

7. PAID VACATION
7.1 PAID VACATION
The paid vacation will be normally 5 days for summer and 5 days for winter.
But the vacation days may be split up according to school's schedule.

8. SICK DAY
8.1 The employee may use up to 2 paid sick days per year provided as far as they bring a doctor�s note from a hospital. Any additional sick days will be counted as absences, and the pay will be calculated according to the daily rate/hourly rate.
But if they do not use sick days when they finish the contract the school will pay them 60,000won per day.
(If the employee is absent in the morning or before the agreed finish time for any given day the employer will deduct in ratio for how many hours the employee is absent.)

8.2 No more than two consecutive sick days may be taken at once. The employee has a duty to report the sickness to the campus director or supervisor before starting work. The employee must give the director or supervisor a doctor�s note explaining the legitimate reason for missing work the next day.

9. PENSION
9.1 The employee and the employer will make regular contributions to the employee�s pension fund, as stipulated by the rules and regulations of Korean National Pension Corporation. If eligible, the employee will receive a reimbursement of all contributions made by him/herself and the employee upon departure from Korea.

IV. RENEWAL & TERMINATION OF CONTRACT
1. RENEWAL
1.1 The employee must give the employer a written 60-day notice before renewal or non-renewal of the employee�s current contract.

1.2 Both the employer and the employee reserve the option to renew the contract.

2. TERMINATION OF CONTRACT
2.1 Both parties will give at least a written 60-day notice prior to the termination date of the contract. If the employee terminates their employment without providing 60 days notice, unless agreed upon by the employer, the employee will be responsible to pay the daily wage for each day under 60 days, as well as all bills associated with housing, rent, utilities, and management fees for the apartment provided for them by the employer.

2.2 The employer retains the right to terminate the contract immediately if:

a. The employee is unable to meet the responsibilities or conditions required for employment such as being late for class on a continuous basis; continuous failure to keep regularly scheduled class times and repeated absences from classes without a valid reason.

b. The employee teaches outside of the employer�s property.

c. The employee uses illegal drugs or is intoxicated during work hours.

d. The employee participates in any type of criminal activities or corruptions of public morals that violates the laws of the Republic of Korea.

e. The employee receives written warnings from the employer on 3 occasions.
(ex: neglect of duty, leave the office during working hours, and do not follow the rules of school.ect)

f. The employee tells others about their own employment contract details.

2.3 If, for any reason, the contract is terminated before the full completion of the contract period:

a. The employee will not qualify for benefits such as severance pay and airfare.

b. The employee will be wholly responsible for any utilities/maintenance remaining for the duration of their housing lease.

2.4 Within 14-days the employee is required to sign a notice of termination and accompany the employer to the Korean Immigration office to notify the Korean Immigration office of the termination.


V. VENUE FOR DISPUTES BETWEEN EMPLOYER AND EMPLOYEE

1. The appropriate laws of the Republic of Korea will govern this contract. However, while both parties enter into this contract with total honesty and integrity, disputes may sometimes occur. In such cases, both parties will be bound by all terms and conditions of this contract and will try to resolve the difference in a civil manner that is fair to both parties. In the event that no solution can be found for a problem and either party decides to terminate this contract, they must do so in accordance with Section IV, 2 above. Upon such termination, both parties will agree to remain civil and to speak honestly and fairly about their experiences and not in a disrespectful manner.

VI. FULL KNOWLEDGE
1. GOOD FAITH
The employer and the employee will act in good faith toward each other. The employer will not dismiss the employee without what reasonably is considered 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.

2. CHANGES TO CONTRACT
The employer and the employee agree that they have read the Employment Contract in its entirety and no other verbal agreement, statement or promise made on or before the effective date of this contract will be binding on the parties. Any changes made must be in writing and signed by both parties to be included in this contract. Any changes made to this contract without the knowledge and written consent of both parties are to be considered invalid.

3. TRANSFERAL OF CONTRACT
Under no circumstances can the employer exchange, give, sell, or transfer this contract or the services of the employee to another party or Institute without the written consent of the employee.

[JJM30]

just realized i put this in wrong thread..oops

[ttompatz]

Go to the contract review thread and hit "post reply" rather than "new topic".
http://forums.eslcafe.com/korea/viewtopic.php?t=197658&postdays=0&postorder=asc&start=1785

If you actually scan through the thread you may see that it has already been reviewed a few times.

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