Korean Job Discussion Forums

[TOGirl]

Hey guys, I have been offered a new job and just got the contract. If anyone has any suggestions or red flags that they want to point out it would be much appreciated.

Employment Contract


This contract is made by an agreement between two parties: The employer of ( Haba ) English Institute, ( ) and the employee, ( ). The employee is hired by the ( Haba ) English Institute, Seoul ( Hyehwa station) in Korea as an English instructor for the following period from ( , , 2006) to ( , 2007). Both parties agree to carry out the terms of employment as set forth herein. Both parties expect to comply with the following conditions:

1. Work hours
The number of the regular teaching hours would be (25) hours per week. Class will be held from Monday through Friday. Class and teaching are scheduled in accordance with the needs of the institute. (10:00am~4:00pm) You will work no more than 5 hours between the hours that I have listed above. The schedule is as follows: 10 - 12 (class), 12-1 (lunch), 1-4 (class). Each class is 45 minutes with a 15 minute break.

2. Salary
1) The employer agrees to pay the monthly salary for the employee. The salary will be paid 2.0 million won in Korean currency (2,000,000 won) per month for the twelve months. You will receive payment on the same day the month after. For example, if you start work on Mar. 1, you will receive your pay April 1.)
2) The overtime rate will be (18,000 won) per hour. (1 hour = 45 minutes)
3) With regard to the tax, income and resident taxes will be withheld 5% of the income.
4) Severance pay: Upon completion of one year contract, the school will pay one month bonus salary. The severance pay is (2,000,000 won) equivalent to the monthly salary. It will be paid only upon the completion of the contract according to Korean labor law. This will be paid out with the last months salary on the last day or work.

3. Accommodations
The employer agrees to provide the employee with single housing. The employer will be responsible for the monthly rent, but the employee has to cover his or her share of all utilities and maintenance. The housing will be provided with the private one bedroom apartment. The employer agrees to offer household appliances and the basic amenities. The basic furnishing includes basic cooking utensils such as pots pans and dishes, a stove, a refrigerator, a bed with clean linen, a washing machine and a clothing rack, TV, VCR, A/C. (If there is any other suggestion from employer or employee about the accommodation, it would be negotiated in the range of acceptance of each other.)

4. AIRFARE TO KOREA
The instructor's return economy class or regular class airfare to Korea will be paid by the school or the school reimburse to the teacher in case the teacher buy the ticket. The departure airport should be an international airport near teachers�� home. (Not domestic airport)

5. Medical Insurance
The employer agrees to purchase the medical insurance. The employer agrees to pay fifty percent (50%) of the monthly premium. The employee's portion of the monthly premium is made through deduction from the salary. However, dental and pre-existing expenses are not included.

6. Job description
The employee as an English instructor will direct and guide the students in the English conversational class. The employee will be provided with the books and teaching materials to conduct the classes. The employee is expected to conduct the class sincerely and responsibly based on the independence.

7. Holidays/ annual leave/sick leave/ tardiness notification procedures
1) Holidays: The employee is not required to work on holidays. There are 13-15 Public holidays in South Korea.
2) Paid vacations: The employee is permitted fourteen (14) days of paid leave per year, but not during the busiest month of the year. The employee agrees to give at least 30 days notification in advance.

3) Sick leave: When the employee is unable to teach the class due to illness, she or he has to notify the employer with proof of illness from a doctor. If the employee fails to notify the employer with proper proof of illness, the employer has the right to deduct one day's pay for every day while his or her absence from work.(3 days)

4) Tardiness or irresponsibility
If the employee is late for the class more than ten minutes without notification, one hour of pay may be deducted.

8. Release from contract
Both parties have the right to make the contract null and cancel less than one of the following circumstances:
1) When it is impossible for the employee to continue work because of serious illness
2) Blatant misconduct by the employee in terms of the profession
3) The employee or dependents violate Korean Law
4) In case of war, or other disturbance or matters that are deemed by either the government or the employee's government.

Notification requirement: The employer or the employee may annual the contract by giving a written notification six weeks in advance.

9. Legal action
If there is a dispute between the both parties regarding this contract, two parties agree to the final judgement of a Korean civil court or Korean civil law, whatever the final decision might be. If the employee leaves the institution without giving prior notice and without going through the appropriate procedures, the employee has to refund the all of the expenses including the airplane fare and other expenses to hire the employee. In addition, the employer has the right to pursue legal actions against the employee. Although the employee has left Korea, the employer has the right to pursue legal actions outside of Korea for any employee's violation of the contract.

[Grotto]

1. Work hours
The number of the regular teaching hours would be (25) hours per week. Class will be held from Monday through Friday. Class and teaching are scheduled in accordance with the needs of the institute. (10:00am~4:00pm) You will work no more than 5 hours between the hours that I have listed above. The schedule is as follows: 10 - 12 (class), 12-1 (lunch), 1-4 (class). Each class is 45 minutes with a 15 minute break.

Good schedule.

2. Salary
1) The employer agrees to pay the monthly salary for the employee. The salary will be paid 2.0 million won in Korean currency (2,000,000 won) per month for the twelve months. You will receive payment on the same day the month after. For example, if you start work on Mar. 1, you will receive your pay April 1.)
2) The overtime rate will be (18,000 won) per hour. (1 hour = 45 minutes)

Overtime is a bit low....should be 25,000

3) With regard to the tax, income and resident taxes will be withheld 5% of the income.

on 2 mil the tax is about 1.6% including income and resident taxes.

4) Severance pay: Upon completion of one year contract, the school will pay one month bonus salary. The severance pay is (2,000,000 won) equivalent to the monthly salary. It will be paid only upon the completion of the contract according to Korean labor law. This will be paid out with the last months salary on the last day or work.

3. Accommodations
The employer agrees to provide the employee with single housing. The employer will be responsible for the monthly rent, but the employee has to cover his or her share of all utilities and maintenance. The housing will be provided with the private one bedroom apartment. The employer agrees to offer household appliances and the basic amenities. The basic furnishing includes basic cooking utensils such as pots pans and dishes, a stove, a refrigerator, a bed with clean linen, a washing machine and a clothing rack, TV, VCR, A/C. (If there is any other suggestion from employer or employee about the accommodation, it would be negotiated in the range of acceptance of each other.)

AC is a nice thing to see in furnishings.

4. AIRFARE TO KOREA
The instructor's return economy class or regular class airfare to Korea will be paid by the school or the school reimburse to the teacher in case the teacher buy the ticket. The departure airport should be an international airport near teachers�� home. (Not domestic airport)

5. Medical Insurance
The employer agrees to purchase the medical insurance. The employer agrees to pay fifty percent (50%) of the monthly premium. The employee's portion of the monthly premium is made through deduction from the salary. However, dental and pre-existing expenses are not included.

6. Job description
The employee as an English instructor will direct and guide the students in the English conversational class. The employee will be provided with the books and teaching materials to conduct the classes. The employee is expected to conduct the class sincerely and responsibly based on the independence.

7. Holidays/ annual leave/sick leave/ tardiness notification procedures
1) Holidays: The employee is not required to work on holidays. There are 13-15 Public holidays in South Korea.
2) Paid vacations: The employee is permitted fourteen (14) days of paid leave per year, but not during the busiest month of the year. The employee agrees to give at least 30 days notification in advance.

Decent vacation

3) Sick leave: When the employee is unable to teach the class due to illness, she or he has to notify the employer with proof of illness from a doctor. If the employee fails to notify the employer with proper proof of illness, the employer has the right to deduct one day's pay for every day while his or her absence from work.(3 days)

4) Tardiness or irresponsibility
If the employee is late for the class more than ten minutes without notification, one hour of pay may be deducted.

I dont like penalty clauses....but its not a deal breaker. If you find yourself running late....just dont come for that class.

8. Release from contract
Both parties have the right to make the contract null and cancel less than one of the following circumstances:
1) When it is impossible for the employee to continue work because of serious illness
2) Blatant misconduct by the employee in terms of the profession
3) The employee or dependents violate Korean Law
4) In case of war, or other disturbance or matters that are deemed by either the government or the employee's government.

Notification requirement: The employer or the employee may annual the contract by giving a written notification six weeks in advance.

9. Legal action
If there is a dispute between the both parties regarding this contract, two parties agree to the final judgement of a Korean civil court or Korean civil law, whatever the final decision might be. If the employee leaves the institution without giving prior notice and without going through the appropriate procedures, the employee has to refund the all of the expenses including the airplane fare and other expenses to hire the employee. In addition, the employer has the right to pursue legal actions against the employee. Although the employee has left Korea, the employer has the right to pursue legal actions outside of Korea for any employee's violation of the contract.

You shouldnt be held liable for the airfare after 6 months or the other expenses.

Sounds like they have had someone pull a runner and are trying to pull scare tactics.

Nothing majorly bad....one of the better hogwan contacts except for that blurb on the bottom.

[TOGirl]

Grott, thanks for the input.

I requested that A/C be put into the contract since when I lived in Daegu last year it was so hot some days I couldn't imagine not having it, and they agreed so that was great.

I was wondering about the tax and did a bit of research but found alot of conflicting info. I found a tax site that said taxes are 5-10% and then have read on here about it being much lower.

I'm just wondering what amount (in won) others are getting deducted on 2million.

Thanks for the help.

[Grotto]

http://www.nts.go.kr/eng/default.html

If you go to the above website you will see that the National Tax Service says that the deductions on 2 mil per month is only about 30,000 won. Thats 1.5%

Go to the section marked monthly withholding tax and enter in 2000 under income(amount is in 1000's so thats 2 mil) and it will pop out the amount they are supposed to withhold.

When I worked at the public school last year with GEPIK that is the site they went with. I even got a refund and I paid a hell of a lot less than 5% tax!

[Big Mac]

Everything Grotto said, except I would ask to have a clause about pension added. It's law, but it will save an argument in the future. You're from Canada, so you'll get a refund when you leave Korea.

If they added a pension clause and changed the last part (you shouldn't be responsible for recruiters fees) I would sign that contract. The holidays are great!!

On 2 million won I had 1.6 per cent taken off for tax in my last contract.

[peppermint]

Double check to make sure they're giving you the national health insurance.

[Son Deureo!]

It looks pretty decent. Nice block shift, better vacation than usual, it's even in a good part of Seoul. Good find.

Since the overtime is based on a 45 minute hour, and it appears to be optional anyway, I don't think it's a point worth quibbling about.

I agree that you should insist on pension, not only is it free money for you, it's also the law.

[jacl]

Get the taxed changed. Tax amounts shouldn't be put on contracts. Other than that, the hours are sweet and the 45 min hours are doubly sweet.

Again, the tax. You see, to them you're 1.9 million/month. They pocket the tax. If you go asking for the tax to be deducted correctly and for the pension benefit, they will look at it as paying you 2.1 million.

[ontheway]

Hey TOgirl,

I would get some clarification on that 14 days vacation. It sounds like 2 weeks including weekends.

Just so you won't be disappointed later.

[TOGirl]

[Grotto]

That they are actually willing to modify the contract I consider a good sign.

Good luck with the job.

[BudMason]

Girl, those are awesome hours!

Any more openings? lol

[TOGirl]

I just got the contract back and they added everything that I wanted.

So I signed and returned it.....its a done deal.

I was surprised also that they happily submitted to my requests.

Thanks for the well wishes and unfortunately no more openings...haha, keep in mind though this job has come at the end of a long search.

Thanks again for everyones advice.

See you all in Korea.