Korean Job Discussion Forums

[kprrok]

Hey all, Grotto in particular...I've gotten this contract, and made a few changes to it to suit me and not be illegal. Did I miss anything?

And yes, the school is aware of the changes I've made.

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

EMPLOYMENT AGREEMENT
--------------------------------------------

This EMPLOYMENT AGREEMENT has been made this ___ day of _______________ 2006, between __________, being represented by _______________, established under the laws of South Korea at __________, Republic of Korea (hereinafter referred to as the "Employer"); and _______________, a citizen of __________ whose passport number is __________ (hereinafter referred to as the "Teacher") under the terms and conditions set forth below.

Both parties agree on the following terms and conditions:

CLAUSE 1 (APPOINTMENT)

a. The employer agrees to employ the teacher during the period stipulated herein.
b. The teacher agrees to accept the employment and will work in his full capacity for the school.

CLAUSE 2 (PERIOD OF EMPLOYMENT)

a. The total Agreement term will be for one year commencing on the date of arrival into Korea with a valid E-2 VISA.
b. The teacher agrees to discontinue his residence in Korea under the visa status arranged and sponsored by the employer within five days of the termination of this contract.

CLAUSE 3 (THE EMPLOYER��S RESPONSIBILITIES)

a. The employer and teacher are equal individuals working together to provide quality English instruction under the terms stated in this contract.
b. The employer will honor the terms and conditions of employment for the teacher as stated within this contract.
c. The employer will guarantee the teacher a monthly salary of 2,200,000 won in consideration of the teacher��s teaching hours and proper preparation for the classes.

CLAUSE 4 (THE TEACHER��S RESPONSIBILITIES AND DUTIES)

a. During the terms of this Agreement, the teacher must cooperate and comply with the instructions and disciplines of the school. Assisting the Supervisor, he must carry out assignments as directed by the employer.
b. Directions given by the Supervisor are to be treated as directions from the employer.
c. The teacher must have adequately prepared for the classes in advance.
d. At all times during the terms of this contract, all teachers should wear clothing that is considered ��business casual��. This includes, but is not limited to: khaki pants, golf or dress shirts, and shoes. Female teachers are allowed to wear dresses that would fit into the ��business casual�� category. Blue jeans and t-shirts are allowed only on specific days as directed by the supervisor. Shorts are never allowed unless specific permission is granted by the supervisor.
e. The teacher��s work will include the following:

��. Teaching of English language;
��. Development of educational programs and materials;
��. Curriculum design and implementation;
��. Indoor and outdoor classroom activities for/with students during scheduled teaching hours;
��. Grading and assessment of students;
��. Student counseling or evaluation:
i. This shall include monthly evaluation cards for all students in grades 1 - 4;
ii. This shall include bi-monthly evaluation cards for all students in grade 5 – 8;
iii. This shall include quarterly evaluation cards for all kindergarten students;
��. Attending at teacher��s meetings and workshops:
i. Teachers�� meetings will be held not more than twice monthly and shall be approximately 1 hour in length.
ii. No more than two workshops will be held over the course of this agreement and each workshop will be scheduled for no more than 4 hours.
��. Other related activities which shall be scheduled with the advice and consent of the teacher.

CLAUSE 5 (SALARY AND OVERTIME RATE)

a. The employer agrees to pay the teacher a monthly salary of 2,200,000 won for 120 teaching hours (as defined in CLAUSE 6) per month and preparation for classes.
b. The payment of the salary is to be made on 5th day of the following month.
c. Each teaching hour exceeding the 120 teaching hours is considered as overtime. And the payment for the overtime will be 25,000 won per each teaching hour.
d. Attendance at scheduled staff meetings and workshops (as outlined in CLAUSE 4) is mandatory and not considered as overtime.
e. The monthly salary for assigned teaching hours is inclusive of preparation, and all teachers will have a scheduled block of planning time each day.

CLAUSE 6 (WORKING AND TEACHING HOURS)

a. During the term of this Agreement, the teacher should work in cooperation with the Supervisor from Monday through Friday.
b. The employer cannot guarantee his requested teaching schedule, but the schedule will be consistent within each month.
c. The school is open from 1:00 PM until 9:00 PM and all classes shall take place during those hours.
d. The teacher will not have more than 4 classes consecutively unless it is specifically requested as such by the teacher.
e. The teacher agrees to teach upon 120 teaching hours a month and to spend a scheduled block for lesson planning. This planning block will take place between class periods.
f. One teaching hour shall be equal to 50 minutes of in-class teaching and a 10-minute break period.

CLAUSE 7 (VACATION & HOLIDAYS)

a. The teacher will be given days off from work for all scheduled national holidays (��Red Days��) and two vacation periods.
b. The total amount of vacation will be ten (10) working days and will generally be given one week (five (5) days) in the winter and one week in the summer.
c. The vacation schedule will be given to the teacher at least 30 days prior to the commencement of the vacation and shall not be changed without the approval of the teacher.
d. Both vacation periods will commence on a Monday and finish on a Friday, thus giving an actual break of 9 days (including the weekends) to the teacher, unless an agreement is reached between the employer and the teacher.
CLAUSE 8 (SICK AND EMERGENCY LEAVE)

a. The teacher will be allowed three (3) days of paid sick leave during the contract period.
b. If the teacher requires more than two (2) days off as sick leave consecutively, a doctor��s not will be required by the employer.
c. Sick days beyond three (3) days will not be paid for.
d. An excessive number of sick days (more than 3) will result in a warning.
e. The teacher will be granted up to seven (7) working days as an Emergency Leave in the event of serious illness or the death of an immediate family member.
f. Up to five (5) days of additional unpaid Emergency Leave may be taken with the agreement of the employer.

CLAUSE 9 (ACCOMMODATIONS)

a. The school will provide the teacher with fully-furnished single accommodations.
b. Furnishings being provided by the employer include: television, refrigerator, washing machine, bed, dresser, kitchen table, chairs, two-burner gas hot plate, air conditioner, and a telephone.
c. Selection of the apartment will be made by the employer.
d. The cost of monthly service, utilities, and telephone charges for the accommodations will be paid by the teacher.

CLAUSE 10 (TRANSPORTATION)

a. Employer will purchase for Employee an economy-class one-way ticket from an international airport near the teacher��s home (hereafter ��point of departure��) to Korea.
b. At the completion of the contract period, employer will purchase for employee an economy- class air ticket from Korea back to the point of departure or another agreed-upon destination.
c. Air tickets may not be exchanged for cash unless previously agreed upon by all parties.

CLAUSE 11 (TAX, INSURANCE, AND PENSION WITHHOLDINGS)

a. Monthly Income tax will be withheld from each month��s alary payment in the amount of 40,000 won (unless changed by the National Tax Service).
b. The teacher will be enrolled with the National Health Insurance Corporation and a deduction will be made each month to cover the teacher��s share of this insurance (50/50 share with employer). This amount is approximately 3% of your salary or 66,000 won.
c. The teacher will be enrolled with the national Pension Office and a withholding of 4.5% (99,000 won) will be withheld each month to cover the teacher��s responsibilities.

CLAUSE 12 (SEVERANCE PAYMENT)

Upon completion of this one-year contract, the teacher will receive one-month salary of 2,200,000 won as a severance payment in accordance with Korean Labor Laws. This payment will be made at the time of completion of the contract period and all applicable taxes and withholdings will be made.

CLAUSE 13 (DISMISSAL OR VOLUNTARY RESIGNATION)

a. The employer reserves the right to dismiss the teacher from employment for the following causes:
��. Neglect or inability to perform his/her duties stipulated in this agreement;
��. Frequent absences from work;
��. Receiving two warning letters;
��. Criminal behavior or misconduct;
��. Working while under the influence of alcohol or other drugs;
��. Teaching any classes outside of the workplace unless agreed upon and approved by the employer and immigration.

b. The employer agrees to give the employee 30 days notice in the event of dismissal. However, in the case of a teacher��s criminal behavior or misconduct, he/she will be dismissed from employment immediately with no warning or notice.
c. In the event the teacher resigns from employment, he/she can do so giving 30 days notice to the employer.
d. In either case of dismissal or resignation before completing six (6) months period of the contract term, the teacher must reimburse the employer the cost of the ticket to Korea.
e. In case of resignation after six (6) months, employer will not be responsible for providing an air ticket as set out in CLAUSE 10.
f. In either case of dismissal or resignation before completing the contract term, the teacher will NOT receive a severance payment in accordance with Korean Labor Laws.

CLAUSE 14 (GOVERNING LAW & JURISDICTION)

a. This Agreement is governed by the law of the Republic of Korea.
b. The governing language of this contract shall be English.
c. This Agreement is made final and firm unless any material modification or amendment to this Agreement is executed with the full knowledge and consent of the undersigned and incorporated into this Agreement.

In witness thereof, we have affixed our signatures hereon.

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

KPRROK

[TheUrbanMyth]

Some of the numbered sentences under clause 4 are a bit vague but nothing really dodgy. Clause 11(c) though does seem that way.

Yes 4.5% is your responsibility. BUT the employer is legally obligated to pay a MATCHING 4.5% as well. And then you get the whole thing back when you leave. Look into that.

[Grotto]

This EMPLOYMENT AGREEMENT has been made this ___ day of _______________ 2006, between __________, being represented by _______________, established under the laws of South Korea at __________, Republic of Korea (hereinafter referred to as the "Employer"); and _______________, a citizen of __________ whose passport number is __________ (hereinafter referred to as the "Teacher") under the terms and conditions set forth below.

The exact name and address of the school should be listed here.

Both parties agree on the following terms and conditions:

CLAUSE 1 (APPOINTMENT)

a. The employer agrees to employ the teacher during the period stipulated herein.
b. The teacher agrees to accept the employment and will work in his full capacity for the school.

CLAUSE 2 (PERIOD OF EMPLOYMENT)

a. The total Agreement term will be for one year commencing on the date of arrival into Korea with a valid E-2 VISA.
b. The teacher agrees to discontinue his residence in Korea under the visa status arranged and sponsored by the employer within five days of the termination of this contract.

CLAUSE 3 (THE EMPLOYER��S RESPONSIBILITIES)

a. The employer and teacher are equal individuals working together to provide quality English instruction under the terms stated in this contract.
b. The employer will honor the terms and conditions of employment for the teacher as stated within this contract.
c. The employer will guarantee the teacher a monthly salary of 2,200,000 won in consideration of the teacher��s teaching hours and proper preparation for the classes.

CLAUSE 4 (THE TEACHER��S RESPONSIBILITIES AND DUTIES)

a. During the terms of this Agreement, the teacher must cooperate and comply with the instructions and disciplines of the school. Assisting the Supervisor, he must carry out assignments as directed by the employer.
b. Directions given by the Supervisor are to be treated as directions from the employer.
c. The teacher must have adequately prepared for the classes in advance.
d. At all times during the terms of this contract, all teachers should wear clothing that is considered ��business casual��. This includes, but is not limited to: khaki pants, golf or dress shirts, and shoes. Female teachers are allowed to wear dresses that would fit into the ��business casual�� category. Blue jeans and t-shirts are allowed only on specific days as directed by the supervisor. Shorts are never allowed unless specific permission is granted by the supervisor.

I dont like the no shorts thing...summers are so hellishly hot

e. The teacher��s work will include the following:

��. Teaching of English language;
��. Development of educational programs and materials;
��. Curriculum design and implementation;
��. Indoor and outdoor classroom activities for/with students during scheduled teaching hours;
��. Grading and assessment of students;
��. Student counseling or evaluation:
i. This shall include monthly evaluation cards for all students in grades 1 - 4;
ii. This shall include bi-monthly evaluation cards for all students in grade 5 � 8;
iii. This shall include quarterly evaluation cards for all kindergarten students;


Whoa! Monthly, bimonthly and quarterly report cards That can add up to several hours of extra work per month....hope you have lots of down time

��. Attending at teacher��s meetings and workshops:
i. Teachers�� meetings will be held not more than twice monthly and shall be approximately 1 hour in length.


and shall beof no more than 1 hour in length.


ii. No more than two workshops will be held over the course of this agreement and each workshop will be scheduled for no more than 4 hours.
��. Other related activities which shall be scheduled with the advice and consent of the teacher.

CLAUSE 5 (SALARY AND OVERTIME RATE)

a. The employer agrees to pay the teacher a monthly salary of 2,200,000 won for 120 teaching hours (as defined in CLAUSE 6) per month and preparation for classes.
b. The payment of the salary is to be made on 5th day of the following month.
c. Each teaching hour exceeding the 120 teaching hours is considered as overtime. And the payment for the overtime will be 25,000 won per each teaching hour.
d. Attendance at scheduled staff meetings and workshops (as outlined in CLAUSE 4) is mandatory and not considered as overtime.
e. The monthly salary for assigned teaching hours is inclusive of preparation, and all teachers will have a scheduled block of planning time each day.

You really do want a definition of a teaching hour in here...teaching hour is defined as 45/50 minutes

CLAUSE 6 (WORKING AND TEACHING HOURS)

a. During the term of this Agreement, the teacher should work in cooperation with the Supervisor from Monday through Friday.
b. The employer cannot guarantee his requested teaching schedule, but the schedule will be consistent within each month.
c. The school is open from 1:00 PM until 9:00 PM and all classes shall take place during those hours.
d. The teacher will not have more than 4 classes consecutively unless it is specifically requested as such by the teacher.
e. The teacher agrees to teach upon 120 teaching hours a month and to spend a scheduled block for lesson planning. This planning block will take place between class periods.

Thats a good thing!

f. One teaching hour shall be equal to 50 minutes of in-class teaching and a 10-minute break period.

Ahh here we are...thats another good thing

CLAUSE 7 (VACATION & HOLIDAYS)

a. The teacher will be given days off from work for all scheduled national holidays (��Red Days��) and two vacation periods.
b. The total amount of vacation will be ten (10) working days and will generally be given one week (five (5) days) in the winter and one week in the summer.
c. The vacation schedule will be given to the teacher at least 30 days prior to the commencement of the vacation and shall not be changed without the approval of the teacher.
d. Both vacation periods will commence on a Monday and finish on a Friday, thus giving an actual break of 9 days (including the weekends) to the teacher, unless an agreement is reached between the employer and the teacher.
CLAUSE 8 (SICK AND EMERGENCY LEAVE)

a. The teacher will be allowed three (3) days of paid sick leave during the contract period.
b. If the teacher requires more than two (2) days off as sick leave consecutively, a doctor��s not will be required by the employer.
c. Sick days beyond three (3) days will not be paid for.
d. An excessive number of sick days (more than 3) will result in a warning.
e. The teacher will be granted up to seven (7) working days as an Emergency Leave in the event of serious illness or the death of an immediate family member.
f. Up to five (5) days of additional unpaid Emergency Leave may be taken with the agreement of the employer.

CLAUSE 9 (ACCOMMODATIONS)

a. The school will provide the teacher with fully-furnished single accommodations.
b. Furnishings being provided by the employer include: television, refrigerator, washing machine, bed, dresser, kitchen table, chairs, two-burner gas hot plate, air conditioner, and a telephone.
c. Selection of the apartment will be made by the employer.
d. The cost of monthly service, utilities, and telephone charges for the accommodations will be paid by the teacher.

So far so good

CLAUSE 10 (TRANSPORTATION)

a. Employer will purchase for Employee an economy-class one-way ticket from an international airport near the teacher��s home (hereafter ��point of departure��) to Korea.
b. At the completion of the contract period, employer will purchase for employee an economy- class air ticket from Korea back to the point of departure or another agreed-upon destination.
c. Air tickets may not be exchanged for cash unless previously agreed upon by all parties.

CLAUSE 11 (TAX, INSURANCE, AND PENSION WITHHOLDINGS)

a. Monthly Income tax will be withheld from each month��s alary payment in the amount of 40,000 won (unless changed by the National Tax Service).

Thats fair

b. The teacher will be enrolled with the National Health Insurance Corporation and a deduction will be made each month to cover the teacher��s share of this insurance (50/50 share with employer). This amount is approximately 3% of your salary or 66,000 won.

2.2%each

c. The teacher will be enrolled with the national Pension Office and a withholding of 4.5% (99,000 won) will be withheld each month to cover the teacher��s responsibilities.

CLAUSE 12 (SEVERANCE PAYMENT)

Upon completion of this one-year contract, the teacher will receive one-month salary of 2,200,000 won as a severance payment in accordance with Korean Labor Laws. This payment will be made at the time of completion of the contract period and all applicable taxes and withholdings will be made.

CLAUSE 13 (DISMISSAL OR VOLUNTARY RESIGNATION)

a. The employer reserves the right to dismiss the teacher from employment for the following causes:
��. Neglect or inability to perform his/her duties stipulated in this agreement;
��. Frequent absences from work;
��. Receiving two warning letters;
��. Criminal behavior or misconduct;
��. Working while under the influence of alcohol or other drugs;
��. Teaching any classes outside of the workplace unless agreed upon and approved by the employer and immigration.

b. The employer agrees to give the employee 30 days notice in the event of dismissal. However, in the case of a teacher��s criminal behavior or misconduct, he/she will be dismissed from employment immediately with no warning or notice.
c. In the event the teacher resigns from employment, he/she can do so giving 30 days notice to the employer.
d. In either case of dismissal or resignation before completing six (6) months period of the contract term, the teacher must reimburse the employer the cost of the ticket to Korea.
e. In case of resignation after six (6) months, employer will not be responsible for providing an air ticket as set out in CLAUSE 10.
f. In either case of dismissal or resignation before completing the contract term, the teacher will NOT receive a severance payment in accordance with Korean Labor Laws.

CLAUSE 14 (GOVERNING LAW & JURISDICTION)

a. This Agreement is governed by the law of the Republic of Korea.
b. The governing language of this contract shall be English.
c. This Agreement is made final and firm unless any material modification or amendment to this Agreement is executed with the full knowledge and consent of the undersigned and incorporated into this Agreement.

In witness thereof, we have affixed our signatures hereon.

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Looks pretty good to me. Not perfect but its a hell of alot better than most

[Big Mac]

Wow, I wish most contracts looked like that. With most of the contracts on here I would say if you sign it you're crazy, with this one I would say if you don't sign it you're crazy!

The only thing I noticed is that the health insurance rate is a little too high. As Grotto said, it should be 2.2 per cent.

Good luck. Looks like you found yourself a job at a good hogwan!

Someone should send this contract out to hogwan owners to show them what a good and fair contract should look like.

[lawyertood]

The UrbanMyrh wrote regarding National Pension contribution

[jay-shi]

[TheUrbanMyth]

[chessmaster9000]

Your prospective employer did an excellent job defining tax deductions. I was impressed when I read over that part.

[kprrok]

The school wrote back and asked what contract that was!!! They said it was changed too much, too specific, and not "fair" enough!

Funny how they didn't like it all being spelled out to where they couldn't mess with me too much. Oh well, I guess I'll have to find a different school.

KPRROK

[Grotto]

Yup damn those specific fair contracts! They should be totally in favour of the schools and give them as much leeway to screw over a foriegner as much as possible!

[Big Mac]

You may have to compromise on some of the minor points in that contract or others similar to it. I highly doubt you're going to get a contract that is absolutely perfect...and that one came pretty close.

For example, I would be willing to say yes to a deposit on the apartment, even though it's not desirable, but not willing to budge on high tax deductions or no offer of medical insurance or pension.

You want the contract to be fair to BOTH sides, without there being too much opportunity for them to screw you over.

In this case, I would have asked them which sections they thought were too much and considered changing some things. Even if you only had to change a couple of things to keep them happy, this would have been a perfect job.

[Hollywoodaction]