Korean Job Discussion Forums

[Nina]

Can anyone tell me if this contract looks ok? And anything i should be aware of as a first time teacher? I do know that salary etc is missing but i do know what it is!

EMPLOYMENT CONTRACT


The following is an employment contract between
to be referred to as the instructor and
to be referred to as the institute from this point forth.


1. JOB POSITION : English Instructor


2. EMPLOYMENT PERIOD :

The instructor will be employed by the institute for the following dates ;
From :
T o :


3. CONDITIONS

A : Salary : A salary of won will be paid to the instructor per month for teaching including 30 class-hours (360minutes a day) a week from Monday to Friday. 18,000 won will be paid for each additional overtime hour over 30 hours per week. The monthly salary includes the basic salary plus any owed bonuses. The sum of salary can be changed according to the situation of the institute. So it must be agreed on both sides in advance.

B : Severance pay : A severance pay of the equal amount of the basic salary will be paid at the completion of this contract to the instructor from the institute. If the instructor fails to complete the contract then no severance pay will be given.

C : Insurance : A medical and accidental insurance plan will be given to the instructor. The annual premium will be split equally between the instructor and the institute. Payment will be made on a monthly basis.

D : Pay day : Compensation will be paid monthly (from the first date to the last date of the month inclusively) along with the other instructors on the tenth day of the following month. Any errors in compensation shall be reported to all parties affected within a week.

E : Tax : A Korean income tax will not be deducted from the salary. Currently it is 6% but the director will take care of this.

F : Accommodation : The institute will provide a rent free apartment. He/She will share apartment with . But if the director allow him/her to live alone, he/she can live alone. In the event of changes being wanted other living arrangements will be provided. The institute will provide the instructor staple commodities. but other things should be purchased by the instructor.

- Staple commodities
1) Furniture : Bed, Dresser
2) Electric appliance : TV, video tape recorder, toaster, gas stove
3) Kitchen ware

G : Airfare : ONE way trip airfare is provided 100% by the institute. Airfare will be paid by the instructor before leaving for Korea. If the instructor fails to complete the contract for any reason then the balance will not be given to the instructor.

H : Holiday time : The instructor will be given 5 black colored days as vacation time which are fixed by school including vacation period of institute. The instructor can finish his completion in advance if he/she missed his/her vacation as much as he/she missed.
Extra vacation days are not acceptable unless the instructor finds an adequate replacement him/herself. The substitute instructor will first be introduced to the director and this will be to the decision of the director, then an extra vacation will be given. Regular vacation days are paid but extra vacation days are not paid.


4. INSTRUCTOR'S DUTIES
All substitute instructors should have university education.

A. The instructor will set a good positive example at all times.

B. The instructor will follow all set class schedules and will not miss class, cancel class or start class late without the permission of the director.

C. Preparation for classes is a must. The instructor will be prepared for all of his/her classes and is required to be at school 30 minutes early to prepare for the class. These are the instructor's essential duty and will not be paid for.

D. The instructor will work closely with his/her Korean teacher partner to ensure that effective education is being given to the students. A basic lesson plan form should be filled out each Monday so that the partners can know each other's teaching ideas.

E. The instructor should participate in making materials needed for his/her classes. Laminated activities, games, flashcards and basic resources that are essential to teaching English effectively as a second language.

F. The instructor will not hesitate to ask questions and get help from senior staff workers.

G. The instructor will attend all staff meetings and parent functions (currently 2~3 a month). New instructors will be required to attend 3 staff meetings designed for the sharing of ideas. These will not be paid for.

H. The instructor will obtain permission from the institute coordinator when they want to take their students out of the classroom setting.

I. The instructor will obey the regulation of the institute and Korean laws at all times in and outside of the school.

J. The instructor should conduct themselves in a manner that will not in any way hurt or defame the reputation of the school. The instructor will not partake in the following activities since they may damage the reputation of the school.

1. Conducting the class while under the influence of alcohol, severely hung over or under the influence of drugs.
2. Making sexual advances towards the students or entering into relationships with other co-workers.
3. Conducting private classes or accepting funds from students without the permission of the director.
4. Borrowing or lending funds to students or conducting any sales items to students.

K. Any damages to the institute or apartment that are a direct result of negligence on behalf of the
Instructor will be paid for by the instructor.

L. The instructor should avoid making a quarrel. If the instructor faces a quarrel that��s hard to solve, then he/she can request arbitration to the manager.

M. The instructor will positively comply with the changing situation of the institute.


5. RELEASE FROM THIS CONTRACT

A. If the instructor seeks release from the contract for any personal reasons then the instructor will report this to the institute and will receive 70% of the monthly salary from that time until a replacement instructor is placed (approx 4 weeks) and the instructor should work until he or she is dismissed or another instructor arrives. The compensation bonus and airfare back to the instructor's country of origin will not be given to the instructor.

B. If the instructor fails to conduct him/herself in a professional manner resulting in damage of the image of the institute or fails to follow the director's orders then the institute has the right to give him/her two kinds of warning one after another ; one is a two week period of notice of care and the other is an another two week period of real warning. After that in case the instructor's behavior fails
to improve, the institute has the right to terminate the contract of its own accord. If the institute has to terminate the contract due to internal problems, the institute will provide two weeks notice.

C. If the institute violates this contract then the instructor also has the right to terminate the contract but two weeks must be provided as well.


6. THE SIGNING

Both parties have read the above conditions and agree to the terms in good faith and will agree to resolve any disputes in a reasonable manner through an arbitrator. Korean and foreign cultures will be respected and peaceful negotiation will be the first tool for both parties if a dispute should arise.


7. ADDITIONAL RULES

A. This contract has priority to the Korean law.

B. All other things, out of this contract, are following the Korean custom.

C. This contract has legal force from this point of time.

[some waygug-in]

The part about 360 minutes a day.........

The standard contract is for 6 - 50 minute classes/day.

The way your contract is worded who knows what they are planning.

I would ask for some kind of schedule and if they can't give you one..........I would be wary.

Above all, talk to the previous teacher....if there is one.


It also sounds like they expect you to make all your own teaching materials. If you are OK with that.... that's up to you I suppose.
The question though is will they provide you with things like cardboard, colored pencils, laminating kits.........probably not.


I'm sure there are other problems, perhaps Grotto can go over it for you.

Good luck.

[Big Mac]

I think this is a crappy contract and I wouldn't sign it.

First of all, most contracts define the hours you will work. I don't see that anywhere.

Taxes are way too high...On two million Won you should be paying about 1.6 per cent.

You shouldn't have to share an apartment. They should be able to offer a single apartment. Do you want to get stuck with a room mate you don't like?

It sounds like he's offering a private medical plan, which is crap. By law they have to enrol you in the national medical plan. They will deduct a little more than 2 per cent off your pay for that, and the employer matches that amount.

Also, by law they need to enrol you in the national pension plan. Although they have to do this whether it is in the contract or not, it is a good idea to get it in the contract so there will be no arguments. This will cost you 4.5 per cent each pay, but your employer will also match that. At the end you can apply for a refund (as long as you are from Canada or the United States).

They are only offering one way airfare when the standard is round-trip airfare. Also, you shouldn't have to buy the ticket, they should.

Five days vacation is crap. At least ten days.

What does it mean that you have to "positively comply with the changing situation of the institute?" So if suddenly they decide to be open Saturdays and Sundays do you have to positively comply?

I'm pretty sure only paying you 70 per cent of your pay if you decide to quit is illegal.

Don't sign this one!!!!

[Nina]

Hmm. True, isnt that always the way, you put something up and everything suddenly becomes clear?

Thanks guys

[peppermint]

Shared housing, tax rate is steep, and sounds like you won't be getting the national medical insurance plan ( so no pension either) All, small red flags

the big one for me is clause 5A
" If the instructor seeks release from the contract for any personal reasons then the instructor will report this to the institute and will receive 70% of the monthly salary from that time until a replacement instructor is placed (approx 4 weeks) and the instructor should work until he or she is dismissed or another instructor arrives. The compensation bonus and airfare back to the instructor's country of origin will not be given to the instructor. "

A. you have to stay til they find a replacement?
B- they're expecting you to take a pay cut????

[Big Mac]

I know I mentioned in my previous post that paying into the pension plan is law.

However, I notice that you are from New Zealand and I'm pretty sure New Zealanders can't get a pension refund when they leave Korea. So I wouldn't push the pension issue...but if they make you pay, remember that it is law for everyone. It's a good deal for me because I'm from Canada, but it wouldn't be for you.

[Nina]

Yeah, its a bit stink for us but these things happen. You lucky things though!!!

[Son Deureo!]

I agree with all of the above complaints about this contract, especially with the escape clause. No way in hell would I sign a contract where I could be forced to stay indefinitely at a reduced pay rate. This clause actually gives them a financial incentive to make you want to quit, and then hold onto you indefinitely so they can pay you less. There should be an arbitrary period in which you are allowed to give notice (30-45 days is reasonable), get your letter of release, and move on if you are not happy with the job.

As a general rule, I say avoid jobs with punitive clauses written in to threaten you into staying. It's a sign they've probably had teachers quit on them in the past. If the the working conditions are so crappy that the promise of airfare and severence are not enough incentive to keep their teachers, then they need to clean up their act.

These are the minimum conditions you should be looking for and insisting on:

2.0 million for 120 teaching hours/mo
free non-shared apartment
roundtrip airfare from and to the nearest international airport to your home
block shift (no more than 8 hours between your daily start and finish time, get that in writing)
health insurance, 50% of premium paid by you, 50% by employer
Monday-Friday schedule, NO SATURDAYS
2 weeks vacation
all national holidays off (no need to make them up)
any overtime is optional, paid at the rate of 120% of your standard hourly pay


One more thing, note that the overtime rate in this contract is too low, it should be at least 20,000 per hour to comply with Korean law. Never sign a contract with a mandatory overtime clause, all too many hogwons abuse them.

[Grotto]

3. CONDITIONS

A : Salary : A salary of won will be paid to the instructor per month for teaching including 30 class-hours (360minutes a day) a week from Monday to Friday. 18,000 won will be paid for each additional overtime hour over 30 hours per week. The monthly salary includes the basic salary plus any owed bonuses. The sum of salary can be changed according to the situation of the institute. So it must be agreed on both sides in advance.

Big red flags: No set schedule. A teaching hour is defined as 60 minutes. teaching 6 hours of in class time a day = 8 hour + shifts. Overtime is low. Changing salary no freakin way!

B : Severance pay : A severance pay of the equal amount of the basic salary will be paid at the completion of this contract to the instructor from the institute. If the instructor fails to complete the contract then no severance pay will be given.

C : Insurance : A medical and accidental insurance plan will be given to the instructor. The annual premium will be split equally between the instructor and the institute. Payment will be made on a monthly basis.

All E2 holders must be on the National Insurance Plan now. Not 'a plan'!

D : Pay day : Compensation will be paid monthly (from the first date to the last date of the month inclusively) along with the other instructors on the tenth day of the following month. Any errors in compensation shall be reported to all parties affected within a week.


E : Tax : A Korean income tax will not be deducted from the salary. Currently it is 6% but the director will take care of this.

Tax is not anywhere near 6%....well maybe if your salary is 5 mil a month it would be Always get them to say taxes will be taken off in accordance to the NTS monthly withholding tax!

F : Accommodation : The institute will provide a rent free apartment. He/She will share apartment with . But if the director allow him/her to live alone, he/she can live alone. In the event of changes being wanted other living arrangements will be provided. The institute will provide the instructor staple commodities. but other things should be purchased by the instructor.

Just say no to shared accomodations!

- Staple commodities
1) Furniture : Bed, Dresser
2) Electric appliance : TV, video tape recorder, toaster, gas stove
3) Kitchen ware

G : Airfare : ONE way trip airfare is provided 100% by the institute. Airfare will be paid by the instructor before leaving for Korea. If the instructor fails to complete the contract for any reason then the balance will not be given to the instructor.

Not totally clear! Do you get re-imbursed? Do they pay for it? Get this clarified!

H : Holiday time : The instructor will be given 5 black colored days as vacation time which are fixed by school including vacation period of institute. The instructor can finish his completion in advance if he/she missed his/her vacation as much as he/she missed.
Extra vacation days are not acceptable unless the instructor finds an adequate replacement him/herself. The substitute instructor will first be introduced to the director and this will be to the decision of the director, then an extra vacation will be given. Regular vacation days are paid but extra vacation days are not paid.

Less than 10 days vacation sucks crap!


4. INSTRUCTOR'S DUTIES
All substitute instructors should have university education.

Should have dont you need it for the E2 or am I missing something?
A. The instructor will set a good positive example at all times.

B. The instructor will follow all set class schedules and will not miss class, cancel class or start class late without the permission of the director.

C. Preparation for classes is a must. The instructor will be prepared for all of his/her classes and is required to be at school 30 minutes early to prepare for the class. These are the instructor's essential duty and will not be paid for.

Again without a set schedule be careful...if you are working splits thats an hour a day you get to donate to them!

D. The instructor will work closely with his/her Korean teacher partner to ensure that effective education is being given to the students. A basic lesson plan form should be filled out each Monday so that the partners can know each other's teaching ideas.

Good idea...especially if the Koreans are filling out one too!

E. The instructor should participate in making materials needed for his/her classes. Laminated activities, games, flashcards and basic resources that are essential to teaching English effectively as a second language.

F. The instructor will not hesitate to ask questions and get help from senior staff workers.

G. The instructor will attend all staff meetings and parent functions (currently 2~3 a month). New instructors will be required to attend 3 staff meetings designed for the sharing of ideas. These will not be paid for.

If they dont pay for them...dont go....make it clear right up front! Anyone who donates time for free when they only count in class hours towards your salary is a moron!

H. The instructor will obtain permission from the institute coordinator when they want to take their students out of the classroom setting.

I. The instructor will obey the regulation of the institute and Korean laws at all times in and outside of the school.

J. The instructor should conduct themselves in a manner that will not in any way hurt or defame the reputation of the school. The instructor will not partake in the following activities since they may damage the reputation of the school.

1. Conducting the class while under the influence of alcohol, severely hung over or under the influence of drugs.
2. Making sexual advances towards the students or entering into relationships with other co-workers.
3. Conducting private classes or accepting funds from students without the permission of the director.
4. Borrowing or lending funds to students or conducting any sales items to students.

K. Any damages to the institute or apartment that are a direct result of negligence on behalf of the
Instructor will be paid for by the instructor.

L. The instructor should avoid making a quarrel. If the instructor faces a quarrel that��s hard to solve, then he/she can request arbitration to the manager.



M. The instructor will positively comply with the changing situation of the institute.

Pretty one sided so far. I really dont see any compromising on the part of the school!

5. RELEASE FROM THIS CONTRACT

A. If the instructor seeks release from the contract for any personal reasons then the instructor will report this to the institute and will receive 70% of the monthly salary from that time until a replacement instructor is placed (approx 4 weeks) and the instructor should work until he or she is dismissed or another instructor arrives. The compensation bonus and airfare back to the instructor's country of origin will not be given to the instructor.

Its called a midnight run...get paid...get out...penalty clauses are illegal!

B. If the instructor fails to conduct him/herself in a professional manner resulting in damage of the image of the institute or fails to follow the director's orders then the institute has the right to give him/her two kinds of warning one after another ; one is a two week period of notice of care and the other is an another two week period of real warning. After that in case the instructor's behavior fails
to improve, the institute has the right to terminate the contract of its own accord. If the institute has to terminate the contract due to internal problems, the institute will provide two weeks notice.

30 days notice by Korean law.


C. If the institute violates this contract then the instructor also has the right to terminate the contract but two weeks must be provided as well.


6. THE SIGNING

Both parties have read the above conditions and agree to the terms in good faith and will agree to resolve any disputes in a reasonable manner through an arbitrator. Korean and foreign cultures will be respected and peaceful negotiation will be the first tool for both parties if a dispute should arise.


7. ADDITIONAL RULES

A. This contract has priority to the Korean law.

B. All other things, out of this contract, are following the Korean custom.

Again...if its not listed in the contract...it doesnt apply....Korean custom is whatever is in favour of the Koreans....and screws the foreigner!

C. This contract has legal force from this point of time.

The contract has legal force when it comes into effect...the visa papers are filed, the E2 is in your passport, the start date...prior to that it is simply an agreement/promise of things to come. If the requirements for employment are not met the contract becomes void!

[Homer]

Contract is much too vague.....get clarifications.

and..most of all..see Son deuro's list of what should be in a contract...

[ontheway]

This is a bad contract as many above have stated.

The 70% pay after notice of resignation is just outrageous.

Income Taxes in Korea for E2 teachers in the usual pay range appear to be quite low. Many schools, like this one, overcharge and keep the money. Others might overcharge and pay it in, then the Korean government keeps the money, unless you file a tax return. Few teachers do. If your school is taxing you more than 3.5%, or so, you are certainly paying too much. But, Grotto has shown, and it may be that your actual rate of tax should be under 1%. But, if enough teachers here raise a public stink about this, the Korean government will fix it. They'll raise the E2 taxes to a flat 10% or something.

You need an income tax clause in your contract. "Income taxes will be withheld according to Korean law and will be no higher than 3.5% under the present law."

As far as the contract becoming effective at signing. This is true. You should not sign a contract with the idea that it is not effective until you get your E2 visa. You may be "unable" to get a visa. But even that does not automatically relieve you from damages for breach of contract unless you have that spelled out in your contract as a condition for termination of the contract.

Contracts becoming binding documents from the date you sign them. Make sure the "out" clauses are acceptable to you.

[TheUrbanMyth]

Why is everyone complaining about the tax rate?

It says it will NOT be deducted from the salary and the director will take care of that.

But yes it's a bad contract. Right in the opening paragraph it says the salary can be changed according to the institute's needs. I'd never sign a contract without a firm salary agreement. EVER.

[Big Mac]

[Lemonade]

I'd be just a tad leary about some advice you get off these boards. I would not ask for advice here on important matters. Simply write the contract according to the way you see fit and tell them to take it or leave it. You'd be shocked what you can get if you just ask. I've seen it, not only with myself but with other teachers here too. This is no country for people without strong negotiating skills.

[chessmaster9000]