Korean Job Discussion Forums

[kellermanr]

I was offered a position with a hagwon and was hoping to get some feedback. I need to give my response by tomorrow.

EMPLOYMENT AGREEMENT FOR INSTRUCTOR
__________________________
This EMPLOYMENT AGREEMENT has been made on _August_, 18 , 2015 by and
between ________, a sole proprietorship organized and existing under the laws of Republic of
Korea, and having its principal office at Mokdong (Herein after called “Employer”),
and ___________, a citizen of ____________________, whose domicile is
_______________________________ .(Herein after called
“Employee”) Employee has been selected and approved by Employer, to teach English
language, therefore, Employer and Employee, in consideration of the mutual promise
and covenants contained herein, agree as follows:

1. EMPLOYMENT OF EMPLOYEE
Employer hereby employs Employee to teach English language in form and manner and
under the terms and conditions set forth in this Agreement.
Employee hereby accepts employment from Employer to teach English language in the
form and manner and under the terms and conditions set forth in this Agreement.

2. PLACE OF EMPLOYMENT
Employee will be employed to teach English language at the address of the principal
office as above (herein after referred to as “Institute”).

3. TERM OF RENEWAL & VOLUNTARY TERMINATION
3.1 The term of this Agreement shall be Twelve (12) full and consecutive months from
the next day of arrival in Korea, specified in Section 4 of this contract.

3.2 No later than four (4) full months before the date of termination of this Agreement,
Employer and Employee shall consult together and shall agree either to an
extension or termination of it.

3.3 In the case of the Employee resigns voluntarily within twelve (12) months,
Employee is required to inform Employer no later than two (2) full months before
the date of voluntary termination of this Agreement.

4. DUTIES OF EMPLOYEE
4.1 During the term of Agreement the Employee shall accept and strictly
comply with the instructions, supervision, training, and discipline of the
Academic Director and shall carry out such assignments as directed by the
Academic Director. These duties shall include ELS instructions in all phases of the
program, administrative duties related to the classroom duties, administrative at
scheduled staff meetings, workshops, and school sponsored outings and any other
duties as may be assigned by the Academic Director. The Academic Director is
responsible for establishing standards of performance relative to the Employee and
also empowered to take necessary steps to assure that those standards are met.
Monday through Friday are teaching days except for scheduled public holidays
and vacation days.

4.1.1 There is a teachers meeting twice a week. One of the meetings has a demo
lesson. Teachers can exchange ideas with each others, and can learn or teach to
other teachers.

4.1.2 During lunch time, and snack time, teachers will eat lunch and snack with
the kids. Teachers can't eat lunch outside, because the kids are too young, so
teachers will help kids during snack and lunch time.

4.1.3 Principal and vice principal will often watch teacher's lessons, because
teacher's lesson plan needs to be checked for improvements and kids’ behaviors as
well.

4.2 During the term of Agreement, the Employee will be required to accomplish the
assigned duties for 30 clock hours (30 teaching hours) each week. (one month 120
hours). Working hours are: Monday, Wednesday, Friday 9:00AM-7:00PM; Tuesday,
Thursday 9:00AM - 6:00PM.

4.3 Each teaching hour in excess of 30 hours a week is considered as overtime.
(1 overtime clock-hour, 18,000 won)
In order to maintain the quality of lessons one hour of preparation time prior to
classes each day is required from the Employee. This preparation time is not
included in the calculation of any overtime hours, which the employee may be
required to work. The Employee is required to attend in a staff meeting a week.

4.4 Employee shall not be permitted and shall not have the right to work outside of
Institute. Since Institute employees are full-time employees such approval will
normally be denied.

4.5 Employee understands and agrees that at all times during the term of this
Agreement; Employee shall strictly obey all laws, regulations provisions,
instructions, and guidance from the Government of Korea or any local
government or officials thereof.

4.6 Every three incidents of unexcused tardiness by Employee shall be penalized as one
lecture hour of unauthorized absence.

4.7 Around two hours of preparation time can be asked during possible each events in
a year. ( New year, Korean Thanksgiving, Christmas, Summer Festival, Market
day…)

5. COMPENSATION AND OTHER TREATMENT OF EMPLOYEE
5.1 Salary
Institute shall pay Employee as compensation for all services rendered the total
aggregate monthly salary of 2.1Million Won for each month of contract period
with Institute. Payment of salary shall be made in won and commenced from the
first day of teaching. The employee salary will be paid on the 10 th of each month.
Korean income and resident taxes will be withheld.

5.2 Tax
Income Tax will be deducted from the monthly salary according to the Korean Tax
Law .
a. The “Employee” will be required to file an annual tax return each taxable year
while employed at the _____ with the local tax office.
b. Any taxes owed to any foreign government(s) are the sole responsibility of the
“Employee.” The “Employer” does not involve itself in foreign tax law.

5.3 Severance Payment
Employee will be given an additional one/twelfth of annual salary for completing
the contract period. This amount will be paid at the time of, and is dependent on,
completion of the full contract term. This amount is also subject to Korean income
and resident taxes. Should an Employee renew for another term, payment of the
additional one/twelfth of annual salary shall be carried over until the Employee
severs ties with Institute.

5.4 Paid Vacation and Paid Sick Leave
Employee will receive Ten (10) paid vacation days during the contract year, 5 in
summer and another 5 in winter time. National holidays, Saturdays and Sundays are
not to be counted as vacation time. Addition of Korean national holidays, the
employee may take up to two (2) days of sick leave. A doctor's invoice with the
diagnosis and prognosis is required to be paid for sick days. Unused sick leave may
not be taken as vacation leave.

5.5 Housing
The Employer shall select and provide the Employee a furnished Single housing
with no sharing. Institute shall provide furnishings (Air conditioner, Washing
machine, a Single sized bed, a Gas stove, etc) and monthly rent fee.
The cost of monthly housing service, all utilities, water, gas, electricity, internet,
cable TV, and telephone charges for accommodation provided by employer will
be paid by employee. Newly built housing is about 10 minutes away from the
school.

5.6 Airfare
Employer will reimburse employee for the airplane ticket within one week. The
Employee resigns voluntarily or recalls employment agreement within 12 months,
Employer will deduct the equal amount of airfare to Korea from Employee’s salary.
Employer shall provide employee only one way airfare ticket to Korea.

5.7 Medical Insurance
Employee will be covered by medical benefits under Private Insurance Company.
The cost of this coverage will be borne half by Employer and half by Employee.
Payment will be made by monthly deduction from Employee's salary; a like amount
contributed by Employer.

6. DISMISSAL BY INSTITUTE
6.1 Institute shall have the right at its sole discretion to dismiss Employee for clear and
frequent neglect of duties under this Agreement, including, but not limited to
frequent absences from Institute without approval of the Academic Director, or
good reason thereof, or for inability to perform duties such as sicknesses, especially
when it hasn’t been informed to the Academic Director before the Agreement was
met. However, before any such dismissal, Employee shall be warned of
dissatisfaction with performance and shall be afforded at least twenty (20) working
days in which to remedy the situation. Criminal or other conduct inside of outside
Institute that would in the opinion of the Academic Director and owner seriously
jeopardize any person or the reputation of its students, or its staff, will cause for
immediate dismissal and no warning or time for remedy will be allotted.

6.2 In the event that Employee is dismissed for any of the reasons set forth in 6.1 herein
above or for any of the reasons set forth herein below, Institute shall have no duty
and shall not be obligated to pay the cost of return airfare to the point of hire for
Employee, and also that Employee is dismissed within 3months of from Employee's
point of origin to Korea.

6.3 The Employee agrees not to work for another institute located within 10km radius
from the establishment location of the Employer even after completion of the
contract, unless permitted by the Employer.

7. COVENANTS
7.1 Employee here by agrees, covenants, and undertakes that he/she will not
undertake any teaching duties or employment with any persons or organization
other than Employer without prior written approval from Employer of the specific
employment contemplated by employee. Failure to comply with this article causes
for immediate dismissal.
In the event that Employee fails to complete this one year term for any reason,
Employee must reimburse the full amount of the airfare to Employer.

7.2 Employee here by agrees, covenants, and undertakes that he/she will not
disclose teaching materials, syllabus details, or any other information relating to
the academic program, whether verbally or in written form, to individuals or
corporate entities not employed by Employer.

8. MERGER CLAUSE
This Agreement constitutes the entire understanding between the parties with respect
to the subject matter here of, and supersedes all pervious negotiations,
commitments, and writings with respect here to. No modification of this Agreement
will be binding or have any legal effect unless set forth in a written agreement
amending this agreement and signed by both parties here to. Furthermore, this
contract nullifies and voids any previous contract between the two parties.
Employer and Employee have executed this Agreement on the date indicated below.
Intending to be legally bound here to, and In Witness whereof, and Employee have
appended their signature.
POINT OF HIRE:
Employee Signature: Employer Signature:
Employee Name: Employer Name:

Date: Date:

[ttompatz]

THE CONTRACT REVIEW THREAD: Post yours here for a review
http://forums.eslcafe.com/korea/viewtopic.php?t=197658&start=2325

Click on "post reply" and NOT "new topic".

BUT as a quick overview.... sign it if you are desperate to get over.

Section 3 is crap. You are legally NOT required to give notice. 2 months is just crazy.

30 clock hours of class time could mean as much as 45 classes per week.
No break for lunch is illegal. The law says you are entitled to 60 minutes of time away from the employer.
4.3 Overtime is lower than your hourly rate.
4.6 is illegal under labor law.
5.6 is normally 6 months for no repayment.
5.7 is illegal. National Health Insurance is required by law.
6.3 is illegal under section 40 of the labor standards act.

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[Fallacy]