Korean Job Discussion Forums

[kellermanr]

Hello, I'm a second year teacher looking to live in another location of Korea. Any thoughts on this contract?

EMPLOYMENT AGREEMENT FOR INSTRUCTOR



This EMPLOYMENT AGREEMENT has been made on 08/19/2016 by and between _______ , a sole proprietorship organized and existing under the laws of Republic of Korea, and having its principal office at _________ (Herein after called “Employer”),and ______________ (passport number) a citizen of USA, whose domicile is (permanent address of Employee)_ .(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 promised 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 first day Employee starts teaching, specified in Section 4 of this contract.
From Sep. 26th , 2016 to Sep. 25th, 2017
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.


4.2 The Employee will be required to work for 8 clock hours each day. ( from 12:00 pm to 8:00 pm ; it can be changed by schedule )

4.3 During the term of Agreement, the Employee will be required to accomplish the assigned duties for 30 teaching hours each week.

4.4 Each teaching hour in excess of 30 hours a week is considered as overtime.
(1 overtime clock-hour, 20.000 won)
In order to maintain the quality of lessons, preparation time prior to classes each day is required from the Employee. Except for teaching hours, Employee shall spend the rest of time for preparation. The Employee is required to attend in a staff meeting a week.

4.5 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.

4.6 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.

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


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 2.3 million Korean 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.


5.2 Severance Payment (Bonus 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.

5.3 Paid Vacation and Paid Sick Leave
Employee will receive Ten (10) paid vacation days during the contract year, five (5) in summer and another five (5) in winter time. These paid vacation days will be scheduled by the academic calendar of the school. National holidays, Saturdays and Sundays are not to be counted as vacation time. Employee may take up to two (2) days of sick leave. A doctor's invoice with the diagnosis and prognosis is strictly required to be paid for sick days. If doctor’s invoice is not submitted, the equal amount of the employee’s sick leave will be deducted from the employee’s salary and be fairly used in compensation for the replacement. Unused sick leave may not be taken as vacation leave.


5.4 Housing

The Employer will provide the Employee a furnished Single housing with no sharing. This offer includes furnishings (TV, Air conditioner, Washing machine, a Single sized bed, a Gas stove) and monthly rent for the selected location with the exception of maintenance, including water, gas, electricity, and phone bills, etc.


5.5 Airfare
Employer will purchase for Employee an economy class ticket from the point of hire for passage on a regularly scheduled airline to Korea. The return air ticket will be provided at the time of completion of employment. In the event that Employee leaves prior to completion of the 12 month teaching period voluntarily or involuntarily, and that Employee is dismissed for any of the reasons set in 6.1, Employer will deduct the equal amount of airfare to Korea from Employee’s salary. And Institute shall have no duty and shall not be obligated to pay the cost of return airfare.


5.6 Extension of the Employment
In the event that the extension of the Employee Agreement between the Employer and the Employee is met, the return air ticket, mentioned in 5.5, will be provided at the time of completion of subsequent contract period(s). In the case of the Employee resigns voluntarily or recalls reemployment agreement within 12 months, Employer will deduct the equal amount of airfare to Korea from Employee’s salary. And Institute shall have no duty and shall not be obligated to pay the cost of return airfare.


5.7 Medical Insurance
Employee will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. 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; alike amount contributed by Employer.

5.8 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.
c. The “Employee” is required by law to participate in the Korean pension plan. 4.5% of the “Employee’s” monthly salary will be deducted and put into the pension plan. The “employer” will contribute 4.5% to the fund, for a total of 9%.


6. DISMISSAL BY INSTITUTE
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 or a lack of teaching knowledge, 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 or outside of Institute that would, in the opinion of the Academic Director, seriously jeopardize any person or the reputation of the school, will cause for immediate dismissal and no warning or time for remedy will be allotted.


7. COVENANTS
7.1 Employee hereby 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 hereby 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 Name: Employer Name:

Employee Nationality:

Employee Signature: Employer Signature:

Date: Date:

[PRagic]

Pretty straight forward. Only thing I don't see is a clause stating that the English version of the contract ONLY will be binding. But if you only are asked to sign a contract in English, no worries. Just be sure not to sign a Korean version!

[PRagic]

Was going to mention: The hours are nice, actually, as you don't start until noon and you're done at 8:00. But they want you there.

You're only contracted to teach and get paid for 30 hours of teaching a week, but you'll be there 40. Personally, I'd rather a contract that just stated your required 30 hours of teaching from Mon-Fri and then left the other stuff to your own discretion. Yes, you'll need to prep, and, yes, you might get pulled into meetings, but those are part of the job.

Also, you're contracted for 30 hours a week, BUT they don't say 120 hours a month, so there could be some months where you'll be working more and making the same. I liked the contracts where they explicity say 120 hours of teaching a month, as that then affords an extra 3 day, sometimes even a 4 day, weekend in longer months. Depends on how the institute schedules it's classes, I guess.

Up to you. Not really a deal breaker, but the above would work in your favor.

[pmwhittier]

They pay pension correctly, healthcare is 50/50, and roundtrip airfare. I'd say this is one of the best I've seen in a while.

[greyhound1]

It's just a standard contract. There's plenty of them like this out there. Mines pretty similar if not the same almost.