Korean Job Discussion Forums

[StAxX SOuL]

This Employment Contract has been made by and between _________________ having its location at Uijungbu City Kyunggi-Do Korea (hereinafter called Employer) and ________________________________ (hereinafter called Employee) for one year employment from March 2006 to March 2007..

1. Schedule
The regular teaching time will be 120 hours a month (for example: 160 classes of 40 minutes class), Monday through Friday. It includes regular 5 minute break time after class but doesn��t include times that are for class preparation, meal, staff meeting and seminar for training. Classes and teaching schedules will be organized by employer and will be flexible in accordance with the special needs and situations of the school and students. There can be different teaching method like phone teaching besides teaching in the class.

2. Pay/ Overtime
The Employer agrees to pay the Employee a basic salary 2.0 Million won per month. The salary will be regularly paid every month to the Employee.

As for the overtime teaching beyond 120 hours a month, the Employee will be paid 20,000 Korean won per hour (60 minutes). Overtime work except emergency should be informed to employee at least 7 days in advance and employee is to be positive to take it.
Although the Employer taught less than the regular 120 hours per month, the Employee will still be paid a base salary of 2.0 Million won per month.

3. Severance Payment
The Employee will be given a bonus of one month salary, 2.0 Million won as bonus (this means severance payment) for completing one year contract period. This amount will be paid at the time of, and is dependent on, the completion of the full contract term.

4. Air Ticket
The economy class air ticket from the nearest international airport (London) to the employee��s home will be provided to ____________ before he leaves UK. A returning air ticket will be provided to the Employee��s home upon completing of the full contract period. Regardless of the point of departure, the return ticket will be provided to the nearest international airport to the Employee��s home, and not to the point of departure, should they differ.
In the event that the Employee continues employment under a subsequent employment agreement with the Employer, the return air ticket will be provided at the time of completion of the subsequent contract period(s).
When the Employee resigns within 6 months from his/her arrival in Korea because of the Employee��s faults, the Employee shall reimburse the Employer the airfare paid.
When the Employee resigns after 6 months from the Employee��s arrival in Korea and not completed 1 year contract, the Employer shall not give the Employee a returning ticket to his/ her home country.

5. Housing
The Employer will provide the furnished housing for the employee with the rental at the Employer��s cost as agreed upon by both parties and stated below.

* A private furnished single apartment.
Running cost of the accommodation (including electricity, gas, water bills, telephone and other utility charges) other than the rental of the housing will be paid by the Employee. In the event that teachers are sharing accommodation, the running costs will be divided between the teachers equally. The Employee is not responsible for the previous occupant��s unpaid bills.

The Employer will deduct 200,000 Korean Won from the Employee��s monthly payment for first three months to make 600,000 Korean Won in total as housing management deposit. This deposit is to cover unpaid monthly service, utility, and telephone charges which will be billed at following or next following month after the Employee��s contract period. Dependent on a written guarantee from a guarantor acceptable to the Employer, the Employer agrees to return the deposit in full to the Employee at the time of completion of the Employee��s period of Contract including any period of employment beyond that covered by this agreement. In the absence of such written guarantee, the Employer will hold the full amount of the deposit until all outstanding monthly service, utility, and telephone charges have been paid.

6. Medical Insurance
The Employer agrees to join employee Korean national medical insurance scheme in compliance with Korean labor law. It doesn��t include dental insurance.

7. Accident Compensation
In the event that the Employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties, the Employee understands and agrees that the Employer will have no responsibility for, nor obligation to pay, medical and hospital costs which are in excess of those covered by medical insurance.

8. Teaching Materials
The Employee will be given materials to teach to the class. And very little reparation time may be given. The Employee may be expected to work alone without a Korean English teacher��s assistance.

9. Holidays/ Sick days/ Lateness/ Absence
During the school year, there are Korean national holidays. And besides these national holidays the employee can have leave for 2 weeks- 10 days ( 5 days in the first six months and 5 days in the second six months) subject to the arrangement by the employer and being requested by the employee more than four weeks in advance and approved subject to convenience of re-arranging the teaching schedules by the employer.
School holidays in the Summer and Winter will be included in above employee��s holidays.
The Employer will allow the teachers 3 sick days paid a year. In case of exceeding 3 days of illness, the Employer may deduct a day��s pay for every day the Employee is absent from work or deduct days from holidays. The Employee must notify the Employer at least five hours before class time of illness with the doctor��s diagnosis.

Lateness: If the Employee is late to the class 10 minutes without notification, one hour rate of payment may be deducted.

10. The Employee��s Obligation
1) The Employee shall observe the Employer��s work system and regulations concerning administration of foreign experts and shall accept the Employer��s arrangement, direction, supervision and evaluation in regard to his/ her work.

2) Without the Employer��s consent, the Employee shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with the Employer.

3) The Employee shall complete the tasks agreed on schedule and guarantee the quality of work.

4) Professional dress and grooming in the work are essential to maintain the desired reputation to the school. The Employer shall establish general guidelines for this.

5) The Employee shall be expected to prepare daily topics for the class beforehand.

6) The Employee can be required to attend all the staffs�� meeting. If the Employee must be absent, he/she informs the Employer prior to the meeting.

7) The Employee must behave in professional manner during class or when socializing with students after class.

The Employee can be required to interview new students and evaluate their placement level.

9) The Employee shall not be absent without the Employer��s permission 2 days in advance notice.

10) The Employee shall respect the Korean people��s moral standards and customs.

11) The Employee shall not sexually harass students in his/ her charge.

12) Any form of physical punishment to students cannot be tolerated.

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

11. Taxes
Taxes and deductions in compliance with Korean Law shall be withheld automatically from the Employee��s monthly salary. The deductions will be income tax, residence tax, medical insurance (50%) and so forth if any, from monthly and severance payment. Income tax rates will not exceed 4% of the monthly salary.

12. Relocation and Orientation Time
The Employee will be allowed several days from the date of arrival in Korea for adjustment and school orientation before beginning regular teaching duties. Computation of initial pay period of the Employee will commence from the first teaching day.

13. Termination
The Employer and the Employee may terminate the contract with the written notice 60 days in advance. The proper reasons and adequate grounds must be provided in order for the contract to be dissolved. In the event that this contract is canceled the employer must issue a letter of release, without delay or any undue fee being charged to the employee or potential employers.

14. Arbitration
The two parties shall consult with each other and mediate any disputes which may arise about the contract. If all attempts fail, the two parties can appeal to the organization of arbitration for foreign expert affairs in Korea according to the Korean Regulations and Codes. In the event that no solution is deemed proper to both parties and either party decides to terminate this contract, they must do so in accordance with Section 14 above. Additionally, the employee may seek annulment in case where the employer does not complete the terms of the contract as required of them according to the contract.



15. Sympathy
In the event of death of an immediate family member of the employee arrangements will be made to excuse the employee from work. These days missed will be unpaid days but will not be counted as sick or vacation days.

[StAxX SOuL]

Let Me See...

Red Flags...

1. 160 Classes a month...

2. 20,000 per 60 minutes OT

3. Doesn't state what furnished housing will include.

4. No Dental Insurance?

5. 5 Hours Notice for Absence...

6. "The Employee Shall Not Be Absent Without The Employer's permission 2 days in advance notice"

7. Unpaid Orientation?


Seems quite comprehensive... but not the most favourable...


Comments?

[Grotto]

1. Schedule
The regular teaching time will be 120 hours a month (for example: 160 classes of 40 minutes class), Monday through Friday. It includes regular 5 minute break time after class but doesn��t include times that are for class preparation, meal, staff meeting and seminar for training. Classes and teaching schedules will be organized by employer and will be flexible in accordance with the special needs and situations of the school and students. There can be different teaching method like phone teaching besides teaching in the class.

Red flags: no set schedule so you may end up working splits, they mention phone teaching, 8 classes per day.

2. Pay/ Overtime
The Employer agrees to pay the Employee a basic salary 2.0 Million won per month. The salary will be regularly paid every month to the Employee.

Low pay for 40 classes a week....any more than 5 classes a day is too many IMO

As for the overtime teaching beyond 120 hours a month, the Employee will be paid 20,000 Korean won per hour (60 minutes). Overtime work except emergency should be informed to employee at least 7 days in advance and employee is to be positive to take it.
Although the Employer taught less than the regular 120 hours per month, the Employee will still be paid a base salary of 2.0 Million won per month.

20,000 won per 60 minutes is an insult and should be regarded as such. Minimum should be 25,000-30,000 for a 40 minute class!

3. Severance Payment
The Employee will be given a bonus of one month salary, 2.0 Million won as bonus (this means severance payment) for completing one year contract period. This amount will be paid at the time of, and is dependent on, the completion of the full contract term.

4. Air Ticket
The economy class air ticket from the nearest international airport (London) to the employee��s home will be provided to ____________ before he leaves UK. A returning air ticket will be provided to the Employee��s home upon completing of the full contract period. Regardless of the point of departure, the return ticket will be provided to the nearest international airport to the Employee��s home, and not to the point of departure, should they differ.

You should get a return ticket to your point of departure.

In the event that the Employee continues employment under a subsequent employment agreement with the Employer, the return air ticket will be provided at the time of completion of the subsequent contract period(s).

I would make mention of: If the employee continues employment under a subsequent contract the employer will pay the employee cash in lue of the round trip ticket!

When the Employee resigns within 6 months from his/her arrival in Korea because of the Employee��s faults, the Employee shall reimburse the Employer the airfare paid.
When the Employee resigns after 6 months from the Employee��s arrival in Korea and not completed 1 year contract, the Employer shall not give the Employee a returning ticket to his/ her home country.

5. Housing
The Employer will provide the furnished housing for the employee with the rental at the Employer��s cost as agreed upon by both parties and stated below.

* A private furnished single apartment.
Running cost of the accommodation (including electricity, gas, water bills, telephone and other utility charges) other than the rental of the housing will be paid by the Employee.

If its a single furnished apartment why do they have the following clause in?

In the event that teachers are sharing accommodation, the running costs will be divided between the teachers equally. The Employee is not responsible for the previous occupant��s unpaid bills.

The Employer will deduct 200,000 Korean Won from the Employee��s monthly payment for first three months to make 600,000 Korean Won in total as housing management deposit. This deposit is to cover unpaid monthly service, utility, and telephone charges which will be billed at following or next following month after the Employee��s contract period. Dependent on a written guarantee from a guarantor acceptable to the Employer, the Employer agrees to return the deposit in full to the Employee at the time of completion of the Employee��s period of Contract including any period of employment beyond that covered by this agreement. In the absence of such written guarantee, the Employer will hold the full amount of the deposit until all outstanding monthly service, utility, and telephone charges have been paid.

Just say no to deposits. They are illegal.

6. Medical Insurance
The Employer agrees to join employee Korean national medical insurance scheme in compliance with Korean labor law. It doesn��t include dental insurance.

Thats true it doesnt cover dental....dental is pretty cheap in Korea though.

7. Accident Compensation
In the event that the Employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties, the Employee understands and agrees that the Employer will have no responsibility for, nor obligation to pay, medical and hospital costs which are in excess of those covered by medical insurance.

8. Teaching Materials
The Employee will be given materials to teach to the class. And very little reparation time may be given. The Employee may be expected to work alone without a Korean English teacher��s assistance.

9. Holidays/ Sick days/ Lateness/ Absence
During the school year, there are Korean national holidays. And besides these national holidays the employee can have leave for 2 weeks- 10 days ( 5 days in the first six months and 5 days in the second six months) subject to the arrangement by the employer and being requested by the employee more than four weeks in advance and approved subject to convenience of re-arranging the teaching schedules by the employer.
School holidays in the Summer and Winter will be included in above employee��s holidays.
The Employer will allow the teachers 3 sick days paid a year. In case of exceeding 3 days of illness, the Employer may deduct a day��s pay for every day the Employee is absent from work or deduct days from holidays. The Employee must notify the Employer at least five hours before class time of illness with the doctor��s diagnosis.

5 hours notice thats silly! I would also push for 5 sick days and a statement that any unused sick days be paid out at 100,000 won per day

Lateness: If the Employee is late to the class 10 minutes without notification, one hour rate of payment may be deducted.

Note to self...if you are going to be late, just dont show up!

10. The Employee��s Obligation
1) The Employee shall observe the Employer��s work system and regulations concerning administration of foreign experts and shall accept the Employer��s arrangement, direction, supervision and evaluation in regard to his/ her work.

2) Without the Employer��s consent, the Employee shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with the Employer.

3) The Employee shall complete the tasks agreed on schedule and guarantee the quality of work.

4) Professional dress and grooming in the work are essential to maintain the desired reputation to the school. The Employer shall establish general guidelines for this.

5) The Employee shall be expected to prepare daily topics for the class beforehand.

6) The Employee can be required to attend all the staffs�� meeting. If the Employee must be absent, he/she informs the Employer prior to the meeting.

7) The Employee must behave in professional manner during class or when socializing with students after class.

The Employee can be required to interview new students and evaluate their placement level.

9) The Employee shall not be absent without the Employer��s permission 2 days in advance notice.

Again? 2 days notice Hey boss, i'm going to be hit by a car next Tuesday so I probably wont be able to teach

10) The Employee shall respect the Korean people��s moral standards and customs.

What about the FT's moral standards and customs?

11) The Employee shall not sexually harass students in his/ her charge.

12) Any form of physical punishment to students cannot be tolerated.

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

11. Taxes
Taxes and deductions in compliance with Korean Law shall be withheld automatically from the Employee��s monthly salary. The deductions will be income tax, residence tax, medical insurance (50%) and so forth if any, from monthly and severance payment. Income tax rates will not exceed 4% of the monthly salary.

Tax rates on 2 mil are only 1.5% not anywhere near 4%

12. Relocation and Orientation Time
The Employee will be allowed several days from the date of arrival in Korea for adjustment and school orientation before beginning regular teaching duties. Computation of initial pay period of the Employee will commence from the first teaching day.

What compensation do you get for the orientation? Not that you'll actually get any

13. Termination
The Employer and the Employee may terminate the contract with the written notice 60 days in advance. The proper reasons and adequate grounds must be provided in order for the contract to be dissolved. In the event that this contract is canceled the employer must issue a letter of release, without delay or any undue fee being charged to the employee or potential employers.

30 days if plenty of notice.

14. Arbitration
The two parties shall consult with each other and mediate any disputes which may arise about the contract. If all attempts fail, the two parties can appeal to the organization of arbitration for foreign expert affairs in Korea according to the Korean Regulations and Codes. In the event that no solution is deemed proper to both parties and either party decides to terminate this contract, they must do so in accordance with Section 14 above. Additionally, the employee may seek annulment in case where the employer does not complete the terms of the contract as required of them according to the contract.



15. Sympathy
In the event of death of an immediate family member of the employee arrangements will be made to excuse the employee from work. These days missed will be unpaid days but will not be counted as sick or vacation days.

Thats just so generous of them

[StAxX SOuL]

Many Thanks...

[peppermint]

To me all the clauses look fairly standard for a new teacher actually. The class load is fairly high, but not extreme.

The questions I'd raise:

-How often do teachers have seminars, and phone teaching sessions?
-get clarification on wether overtime is optional
- how often do teachers have to do placement tests?

[Homer]

I agree with peppermint here....pretty standard newbie contract except for the areas mentionned.

By the way, posting contracts here will most likely see them get shredded by some of us when in reality they are your run of the mill newbie contracts.

Your source of information is...drum roll...FOREIGN TEACHERS CURRENTLY ON STAFF AT THE SCHOOL.

They:

a) Work there so they have real and relevant knowlegde of how the school is.

b) They can discuss the contract with you and explain if those "red flags' really are red flags or if the school treats its teachers great.

You can spend a lot of time looking at every contract you post here get shredded, then feel insecure about it and perhaps passing up good jobs in the process....think about that one...

You can and will get good advice here about general working conditions in Korea. You will also sometimes get a contract shredded because the person looking at it (no Grotto I am not singling you out) simply forgot what a newbie contract is like....

[Grotto]

[peppermint]

I thought they covered a lot of variables left uncovered in most contracts. Stuff like having a guarantor in lieu of a deposit and a guaranteed letter of release without being charged for it (if you give 60 days notice) seem like pretty acceptable compromises to me.

The dental insurance clause is a bit strange though- since emergency dental is covered under the national medical insurance. (ie. fillings are covered and very cheap, crowns aren't but are still relatively inexpensive)

[Homer]

[joelseymour]

.....

[Grotto]

[jacl]

Need a set schedule like 2 to 9 or 1 to 8, etc.
Just don't do deposits.
Many other things.
Look for something else.

[Homer]

[Grotto]

do I shred every contract here? Not really. I simply point out the problems in each contract....its just a shame that the same problems are in each contract.

It would be nice if the hogwan owners got together, pulled their heads out of their asses and gave a FAIR contract for both parties.

As there is a huge difference in what is expected by the Korean boss and the Westerner there needs to be some clear lines drawn...those lines are in the contract

[chessmaster9000]