Korean Job Discussion Forums

[csvfa]

I'm a Korea newbie and here my latest job offer. I'm pretty sure I'll turn it down, as it looks like they're asking me to work illegally until the visa is sorted out, and I don't like the contract.

It's all very rushed.

What's your opinion?

The offer (I've edited out the irrelevant bits):

-----------------------------------

This email is to let you know that the *********** school has decided to hire you should you accept this position.

Please reply to this email stating whether you will accept this position within 24 hours so that we can make future arrangements. If you are not accepting, please let us know also.

I'm sorry this is such short notice, but the school needs a teacher by next Monday.

To accept this position, here is some additional information:

1) You must arrive in Korea by this Sunday evening. Class will begin on Monday.


1a) The exact location of the school is *******************

2) You must *book* a ONE WAY ticket from England to Korea, and another ticket from Korea to Japan scheduled within 24 hours. YOU MUST BOOK THIS FLIGHT TO ARRIVE ON THE WEEKEND IN KOREA. Once you arrive in Korea, we will cancel the Japan leg of the trip. The school will pay all penalties and airfare. The reason this is done is because there is not enough time to process your work visa to allow you to come on a one way to Korea as your final destination.

....

4) Your salary is 2.0 million KRW per month.

....

----------------------------------------------
And here's the contract:
----------------------------------------------

*********** Language Academy
EMPLOYMENT AGREEMENT FOR TEACHER

This EMPLOYMENT AGREEMENT has been made on this day ______________ between ************* Inc. with its principal office at: ******************, Seoul, Korea(hereinafter referred to as the "Employer") and , a citizen of __________ passport No.: _____________, (hereinafter referred to as the "Employee"). The Employee will teach English at ********** branch located at: ************ . (hereinafter referred to as the ��Language Academy��). The Employer hereby hires the Employee and both parties agree on the following terms and conditions:


I. Period of Employment

A.The total agreement term is ___ _____ months, commencing from the date of teaching in Korea and finishing on ______________.
B.The term of this Agreement includes an orientation period, six (6) consecutive teaching sessions, and all scheduled vacations and holidays that fall between or during teaching sessions.
C.The Employee will discontinue residence in Korea under the visa status sponsored by the Employer upon the completion of this contract unless the both parties agree to renew the contract.


II. Conditions of Employment

1.Employee��s Duties:

During the term of this Agreement the Employee will perform the following duties:
1.1.Instruction in any phase of the Institute's program.
1.2.Curriculum design and implementation.
1.3.Development of educational programs and materials.
1.4.Extracurricular activities for/with students when needed.
1.5.Grading, evaluating and counseling of students.
1.6.Attendance at teachers' meetings and workshops.
1.7.Class preparation
1.8.Cooperation with the Principal/ Vice-Principal/ Academic Director in all aspects of employment.
1.9.Participation in other related activities.

2.Working hours

2.1.Classes will be held from Monday to Friday or Saturday during regular sessions and two intensive sessions during summer (July-August) and winter (December-January). It may vary from branch to branch upon needs of the Institute.
2.2.The Employee will be required to work at the times the Employer shall direct.
2.3.Working hours is from 2pm to 9pm for regular sessions. For two intensive sessions, from 9am to 7:40pm (it may change on the needs of the Institute).
2.4.Working hours may be modified from time to time at the sole discretion of the Employer depending upon a session and needs of the Institute.

3.Salary and Overtime

3.1.The Employee will be guaranteed ( ) Won per month. This is to be considered as the Employee��s contract hours.
3.2.Only the time worked in excess of contract hours will be considered as overtime. The Employee��s overtime pay will be ( 20,000) Won per (60) minutes. Attendance at scheduled teachers meetings, workshops and class preparation (which is mandatory) will not be considered as overtime.
3.3.The salary will be paid on the 15th day of each teaching month.
3.4.Computation of the initial (first month of employment) salary will commence from the 1st day of actual teaching at the Institute and, therefore, will not include the orientation period necessary for familiarization with the Institute��s curriculum and the Employee��s duties.

4.Severance Pay

Upon successful completion of a full contract period (12 months), the Employee will be given severance pay which is equivalent to his/her monthly salary of ( ) Won. It will be paid in a month.

5.Benefits

5.1. Vacation, Holidays and Emergency Leave
The Employee will have: (a) 7-day break between the spring II session and the summer session (b) paid statutory/ public holidays detailed in a yearly calendar; (b) up to 3 days of paid emergency leave in a year in the event of a death or serious illness of an immediate family member, such as grandparent, parent, spouse, children, brother or sister. The emergency leave will be granted and/or extended after a close consultation with the Principal. The Employee will bear the cost of transportation.

5.2. Health Insurance
The Employee will be provided with health insurance coverage from the designated public health insurance corporation with 50% of the premium paid by the Employer and 50% - by the Employee.

5.3. Transportation
The Employer will purchase for the Employee a one-way economy class air ticket to Korea from a main international airport in the country/city where the Employee resides and from which he/she was hired. After completing a one-year contract the Employee will be provided with a return economy class air ticket.

5.4. Visa Sponsorship
If the Employee does not obtain work visa in the country of his/her residence, the Employee will receive full visa sponsorship from the Employer upon arrival in Korea. This will include a paid round trip air ticket to Japan (to obtain work visa there).


III. Taxes and Other Deductions

The following taxes and deductions will be withheld from the Employee��s monthly salary:
A.Income tax required by the Korean Tax Law (approximately 5%, which may be adjusted pursue on the changes of the Korean Tax Law);
B.National Pension Contribution according to regulation (approximately 5%, which may be adjusted pursue on the changes of the regulation).
NOTE: Upon completion of the contract (agreement), pension contributions will be fully reimbursed to the Employee from USA
& Canada by the Korean government;
C.Health Insurance (at present 1.7%);
D.200,000 Won per month for the first three months as a security deposit for unpaid utilities and phone charges even if the Employee pays them each month. This deposit WILL BE refunded to the Employee one month after this contract is completed.

IV. Employee��s Conduct and Dress Code

1. During the term of this Agreement the Employee is expected to conduct himself/herself in a professional manner that would project a good image of the Institute. Therefore, the following forms of behavior will NOT be permitted:
A.Coming to the Institute and conducting class under the influence of alcohol or illegal drugs and while smoking;
B.Making sexual advances towards or entering into relationships with the students or employees of the Institute;
C.Using bad language in class that would offend or discredit students, the staff and the Institute.
D.Not following scheduled class timetables, canceling, starting classes late without the prior approval of principal.

2. The Employee should present himself/herself to students as a professional. Casual attire, provided it is clean and neat, is acceptable. However, NO blue jeans, sneakers and T-shirts will be allowed (unless otherwise instructed).


V. Duty of Confidentiality

A.The Employee shall not disclose information relating to the contents of lectures, teaching material and business operation of the Institute to any third party.
B.The Employee shall not disclose information regarding his/her salary, overtime payment, and contract hours to any third party, including other Employees of the Institute.

VI. Outside Employment and Conflicts of Interest

A.According to Korean Immigration Law, foreign workers are allowed to work legally in Korea ONLY for the Employer/Institute for which they have received a work visa.
B.By signing this Agreement, the Employee agrees to devote his expertise, time and attention to discharge his duties to his legal Employer and not to engage in any other activity that would in any manner whatsoever compete with the Employer and pose any conflict between the interest of the Employer and the other party and/or interfere with the performance of the Employee��s duties.
C.If the Employee wishes to accept any other employment, such as private or part-time teaching, editing and so on, he/she must get the Principal��s approval before doing so. Failure to comply with this rule may result in immediate dismissal.


VII. Dismissal, Voluntary Resignation and Liquidating Damages

1. The Employer will have the right to dismiss the Employee if or when:
A.The Employee repeatedly fails to perform his/her duties stated under this Agreement including but not limited to frequent absences from the place of Employment/Institute without approval of the Principal/ Vice-Principal.
B.The Employee fails to conduct himself/herself in a professional manner (as described in Employee��s Conduct and Dress Code section of this Agreement) resulting in damaging the image of the Institute.
C.The Employee places any student or a staff person in jeopardy or causes significant material damage to the Employer as a result of his/her negligence or reckless behavior.
D.The Employee commits any criminal act inside or outside the place of employment/Institute. This will result in immediate dismissal with neither warning nor time for remedy being given to the Employee.
E.The Employee has already received three (3) reprimands (warnings) from the Employer of dissatisfaction with the Employee��s performance, and the Employee has not rectified the situation.
2. The Employee may not earlier terminate this Agreement without a good reason. If required, 45 days prior notice must be given to the Employer before termination of the contract.

3. In any case of dismissal or voluntary resignation, the Employer will not provide a return ticket and will not give the severance pay. In addition, if the Employee voluntarily terminates this contract before six (6) months of employment, he/she will have to reimburse to the Employer the initial airfare and other expenses that the Employer has incurred in the process of hiring of the Employee, such as recruiter��s fee, housing utilities deposit and other expenses (if applicable).


VIII. Understanding

A.Both parties have read the above terms and conditions and agree to fulfill them in good faith and will resolve any dispute in a reasonable manner.
B.All issues that cannot be solved by the two parties above will be solved in accordance with the appropriate laws of the Republic of Korea.
c. The contents of ******** Teachers�� Manual are to be incorporated to be part of this employment contract.

The employer will evaluate the employee every semester. The employer may
dismiss or transfer the employee to other branch, if employee fails to observe his/her duties stated above.



------------------------------------

[Grotto]

2.Working hours

2.1.Classes will be held from Monday to Friday or Saturday during regular sessions and two intensive sessions during summer (July-August) and winter (December-January). It may vary from branch to branch upon needs of the Institute.

Right here is a deal breaker...no Saturdays!

2.2.The Employee will be required to work at the times the Employer shall direct.
2.3.Working hours is from 2pm to 9pm for regular sessions. For two intensive sessions, from 9am to 7:40pm (it may change on the needs of the Institute).

No mention of extra pay for the extra 3:40 minutes a day you will be working? Deal breaker #2

2.4.Working hours may be modified from time to time at the sole discretion of the Employer depending upon a session and needs of the Institute.

Deal breaker #3. Not a chance!

3.Salary and Overtime

3.1.The Employee will be guaranteed ( ) Won per month. This is to be considered as the Employee��s contract hours.
3.2.Only the time worked in excess of contract hours will be considered as overtime. The Employee��s overtime pay will be ( 20,000) Won per (60) minutes. Attendance at scheduled teachers meetings, workshops and class preparation (which is mandatory) will not be considered as overtime.

Overtime of less than 25,000 won for a 50 minute class is unacceptable!

3.3.The salary will be paid on the 15th day of each teaching month.

I dont like this as you work for them 45 days before getting paid. Payday should be by the 5'th at the latest

3.4.Computation of the initial (first month of employment) salary will commence from the 1st day of actual teaching at the Institute and, therefore, will not include the orientation period necessary for familiarization with the Institute��s curriculum and the Employee��s duties.

What compensation would you recieve for the orientation period?

4.Severance Pay

Upon successful completion of a full contract period (12 months), the Employee will be given severance pay which is equivalent to his/her monthly salary of ( ) Won. It will be paid in a month.

No! It will be paid upon completion of the contract!

5.Benefits

5.1. Vacation, Holidays and Emergency Leave
The Employee will have: (a) 7-day break between the spring II session and the summer session (b) paid statutory/ public holidays detailed in a yearly calendar; (b) up to 3 days of paid emergency leave in a year in the event of a death or serious illness of an immediate family member, such as grandparent, parent, spouse, children, brother or sister. The emergency leave will be granted and/or extended after a close consultation with the Principal. The Employee will bear the cost of transportation.

Little vacation time. Less than 10 days is just silly!

5.2. Health Insurance
The Employee will be provided with health insurance coverage from the designated public health insurance corporation with 50% of the premium paid by the Employer and 50% - by the Employee.

5.3. Transportation
The Employer will purchase for the Employee a one-way economy class air ticket to Korea from a main international airport in the country/city where the Employee resides and from which he/she was hired. After completing a one-year contract the Employee will be provided with a return economy class air ticket.

Kind of goes against what they asked the teacher to do at the start!

5.4. Visa Sponsorship
If the Employee does not obtain work visa in the country of his/her residence, the Employee will receive full visa sponsorship from the Employer upon arrival in Korea. This will include a paid round trip air ticket to Japan (to obtain work visa there).


III. Taxes and Other Deductions

The following taxes and deductions will be withheld from the Employee��s monthly salary:
A.Income tax required by the Korean Tax Law (approximately 5%, which may be adjusted pursue on the changes of the Korean Tax Law);

Not a chance...go with monthly withholding tax! about 1.5% on 2 mil

B.National Pension Contribution according to regulation (approximately 5%, which may be adjusted pursue on the changes of the regulation).
NOTE: Upon completion of the contract (agreement), pension contributions will be fully reimbursed to the Employee from USA
& Canada by the Korean government;

Again no! The deduction is 4.5% matched by another 4.5% from the employer.

C.Health Insurance (at present 1.7%);
D.200,000 Won per month for the first three months as a security deposit for unpaid utilities and phone charges even if the Employee pays them each month. This deposit WILL BE refunded to the Employee one month after this contract is completed.

Just say no to deposits.....they are illegal!

IV. Employee��s Conduct and Dress Code

1. During the term of this Agreement the Employee is expected to conduct himself/herself in a professional manner that would project a good image of the Institute. Therefore, the following forms of behavior will NOT be permitted:
A.Coming to the Institute and conducting class under the influence of alcohol or illegal drugs and while smoking;
B.Making sexual advances towards or entering into relationships with the students or employees of the Institute;
C.Using bad language in class that would offend or discredit students, the staff and the Institute.
D.Not following scheduled class timetables, canceling, starting classes late without the prior approval of principal.

2. The Employee should present himself/herself to students as a professional. Casual attire, provided it is clean and neat, is acceptable. However, NO blue jeans, sneakers and T-shirts will be allowed (unless otherwise instructed).


V. Duty of Confidentiality

A.The Employee shall not disclose information relating to the contents of lectures, teaching material and business operation of the Institute to any third party.
B.The Employee shall not disclose information regarding his/her salary, overtime payment, and contract hours to any third party, including other Employees of the Institute.

VI. Outside Employment and Conflicts of Interest

A.According to Korean Immigration Law, foreign workers are allowed to work legally in Korea ONLY for the Employer/Institute for which they have received a work visa.

Not true! With permission from immigration you can work at a seperate location.

B.By signing this Agreement, the Employee agrees to devote his expertise, time and attention to discharge his duties to his legal Employer and not to engage in any other activity that would in any manner whatsoever compete with the Employer and pose any conflict between the interest of the Employer and the other party and/or interfere with the performance of the Employee��s duties.
C.If the Employee wishes to accept any other employment, such as private or part-time teaching, editing and so on, he/she must get the Principal��s approval before doing so. Failure to comply with this rule may result in immediate dismissal.

Kind of contradicts section VI. A doesnt it

VII. Dismissal, Voluntary Resignation and Liquidating Damages

1. The Employer will have the right to dismiss the Employee if or when:
A.The Employee repeatedly fails to perform his/her duties stated under this Agreement including but not limited to frequent absences from the place of Employment/Institute without approval of the Principal/ Vice-Principal.
B.The Employee fails to conduct himself/herself in a professional manner (as described in Employee��s Conduct and Dress Code section of this Agreement) resulting in damaging the image of the Institute.
C.The Employee places any student or a staff person in jeopardy or causes significant material damage to the Employer as a result of his/her negligence or reckless behavior.
D.The Employee commits any criminal act inside or outside the place of employment/Institute. This will result in immediate dismissal with neither warning nor time for remedy being given to the Employee.
E.The Employee has already received three (3) reprimands (warnings) from the Employer of dissatisfaction with the Employee��s performance, and the Employee has not rectified the situation.
2. The Employee may not earlier terminate this Agreement without a good reason. If required, 45 days prior notice must be given to the Employer before termination of the contract.

30 days notice is plenty. The reason is immaterial. An employee can terminate the contract because the moon is in the seventh house if they so choose. "why u want to quit?" "because you're an asshole!"

3. In any case of dismissal or voluntary resignation, the Employer will not provide a return ticket and will not give the severance pay. In addition, if the Employee voluntarily terminates this contract before six (6) months of employment, he/she will have to reimburse to the Employer the initial airfare and other expenses that the Employer has incurred in the process of hiring of the Employee, such as recruiter��s fee, housing utilities deposit and other expenses (if applicable).

No. Those are the costs associated with running a business and as such are the responsability of the employer, so none of them are applicable!

VIII. Understanding

A.Both parties have read the above terms and conditions and agree to fulfill them in good faith and will resolve any dispute in a reasonable manner.
B.All issues that cannot be solved by the two parties above will be solved in accordance with the appropriate laws of the Republic of Korea.
c. The contents of ******** Teachers�� Manual are to be incorporated to be part of this employment contract.

The employer will evaluate the employee every semester. The employer may
dismiss or transfer the employee to other branch, if employee fails to observe his/her duties stated above

No they cant!

No set hours, Saturday shifts, low overtime, long hours, crap vacation, etc
crap contract

[Big Mac]

If I were you I would be very wary about the fact that this is so rushed. Why is it this way? Were they having trouble finding teachers? Is there a problem with their reputation?

The fact that they are asking you to buy a ticket that they will later cancel and refund to you is suspicious. They obviously want you to have the ticket to Japan in case immigration asks too many questions on your arrival. They know what they are asking you to do (work on a tourist Visa) is illegal.

They should be able to sort out the Visa issue before you go. They wouldn't have had this problem if they would have planned better. It shouldn't be your problem. It raises serious red flags about the organization and management of the school.

A lot of the contract looks pretty good. It even has a clause about pension..which a lot of hogwan owners will try to screw you out of.

For me, being asked to work on Saturdays would be a big turn-off. Also, the hours sound like they could change with the wind.

I would give them a big no.

[StAxX SOuL]

LOL... I posted this EXACT contract like a week ago...

They wanted someone for February 1st... I started the whole process with this like a week and a half prior, but queried the Visa issue since it was such a quick thing, and told them that realistically I wouldn't be able to start until the 21st February... after much ado I didn't hear back from the recruiter

Check your Private Messages... I'm going to send one along to you, I'm just curious as to whether your recruiter is the same that I was dealing with, and if its the same school too, lol...

[StAxX SOuL]

[BigBuds]

[csvfa]

Thanks very much everyone for your views.

I knew it seemed a bit dodgy them wanting me to start teaching without a visa but it's always useful to hear from some more experienced people.

I'll turn down the job.

[peppermint]