Korean Job Discussion Forums

[MinneasotaGirl]

Here's another one. Please note. This is ONLY a sample contract, and is used for all of the schools. They are drawing up a new one for us with NO Saturdays! Thanks guys!

W Language Academy

EMPLOYMENT AGREEMENT FOR TEACHER

This EMPLOYMENT AGREEMENT has been made on this day ______________ between W Institute with its principal office at: Namjun Bd. 6F Bangbae-dong 795-21 Seocho-gu, 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 W branch located at: ____________________________. (hereinafter referred to as the �Institute�). The Employer hereby hires the Employee and both parties agree on the following terms and conditions:

I. Period of Employment

The total agreement term is ___12_____ months, commencing from the date of teaching in Korea and finishing on ______________.
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.
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

Employee�s Duties:
During the term of this Agreement the Employee will perform the following duties:

Instruction in any phase of the Institute's program.
Curriculum design and implementation.
Development of educational programs and materials.
Extracurricular activities for/with students when needed.
Grading, evaluating and counseling of students.
Attendance at teachers' meetings and workshops.
Class preparation
Cooperation with the Principal/ Vice-Principal/ Academic Director in all aspects of employment.
Participation in other related activities.
Working hours
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.
The Employee will be required to work at the times the Employer shall direct.
Working hours is from 3pm to 9pm for regular sessions. For two intensive sessions, from 9am to 6pm (it may change on the needs of the the Institute). However total teaching hours will not exceed 30 hours per week. The Employee is required to arrive at school at least 40 minutes before the first class.
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.
Salary and Overtime
The Employee will be guaranteed ( 2,100,000 ) Won per month (before taxes for teaching 110 hours or 165 classes per month (1 class is 40 min.). This is to be considered as the Employee�s contract hours.
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.
The salary will be paid on the 15th day of each teaching month.
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.
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 ( 2,100,000 ) Won. It will be paid in one month.

Benefits
5.1. Housing

(a) The Employer will select and provide free furnished living accommodation for the Employee usually located not far from the Institute. (b) The accommodation may be a private apartment (bachelor/studio) or a two-three room apartment shared with other Employees with a private bedroom for each Employee and a shared kitchen and bathroom. (c) The Employer will also provide furnishings which will include: a single bed, table, two chairs, two-burner gas hot plate, refrigerator, wardrobe, washing machine, TV set, toaster and some bedding (pillow, comforter, sheets). (d) The costs of all utilities (gas, water, electricity, cable TV, and telephone charges) and a monthly maintenance fee will have to be paid by the Employee. In the case of shared accommodation, the costs will be divided between the housemates.

5.2. Vacation, Holidays and Emergency Leave

The Employee will have: (a) paid short-term breaks between sessions as determined by the Employer in total approximately 15 days. If the Employee wishes to take additional (unpaid) vacation, he/she must give the Employer at least a two-month notice before taking a vacation; (b) paid statutory/ public holidays detailed in a yearly calendar; (c) up to 5 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.

5.3. 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.

5.4. 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.

5.5. 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) and money to cover travel expenses.

III. Taxes and Other Deductions

The following taxes and deductions will be withheld from the Employee�s monthly salary:

Income tax required by the Korean Tax Law (approximately 5%, which may be adjusted pursue on the changes of the Korean Tax Law);
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;

Health Insurance (at present 4.48%);
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:

Coming to the Institute and conducting class under the influence of alcohol or illegal drugs and while smoking;
Making sexual advances towards or entering into relationships with the students or employees of the Institute;
Using bad language in class that would offend or discredit students, the staff and the Institute.
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

The Employee shall not disclose information relating to the contents of lectures, teaching material and business operation of the Institute to any third party.
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

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.
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.
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:

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.
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.
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.
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.
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

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.
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 Ewha 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.

The Employer and the Employee have executed this agreement and appended their signatures on the date below:

____________________________ _____________________________

Employer Employee

____________________________ _____________________________

Date Date

[Corporal]

Hey, just curious about your username...do you not know how to spell Minnesota, or was the proper spelling already taken?

[MinneasotaGirl]

Yes, of course I know how to spell Minnesota. I friggin' live here. The spelling was taken, and I thought it was funny. I guess the humor is lost on some people.

[John Henry]

How is that funny?

[MinneasotaGirl]

I guess I really just didn't care too much about my user name.
Perhaps, I should change it.

Anyway, does anyone have advice about the contract?

[Corporal]

Okay, take it easy, I was just curious. I'm an OntareoGirl myself. Don't really know why that would be funny though.

[Grotto]

W Language Academy

EMPLOYMENT AGREEMENT FOR TEACHER

This EMPLOYMENT AGREEMENT has been made on this day ______________ between W Institute with its principal office at: Namjun Bd. 6F Bangbae-dong 795-21 Seocho-gu, 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 W branch located at: ____________________________. (hereinafter referred to as the “Institute”). The Employer hereby hires the Employee and both parties agree on the following terms and conditions:

I. Period of Employment

The total agreement term is ___12_____ months, commencing from the date of teaching in Korea and finishing on ______________.
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.
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.

how long do you have to discontinue residence? You should get at least 4 days!

II. Conditions of Employment

Employee’s Duties:
During the term of this Agreement the Employee will perform the following duties:

Instruction in any phase of the Institute's program.
Curriculum design and implementation.

Nope! You shouldnt have to design curriculum! It should be provided! stupid clause!

Development of educational programs and materials.
Extracurricular activities for/with students when needed.

Nope! You are an ESl instructor! You dont need to go to soccer games or on field trips! Stupid clause!

Grading, evaluating and counseling of students.

giving grades in ESL is a joke! Most hogwans wont let you give real grades so why bother?

Attendance at teachers' meetings and workshops.
Class preparation

how much is expected/required?

Cooperation with the Principal/ Vice-Principal/ Academic Director in all aspects of employment.
Participation in other related activities.

Nope! Stupid clause #3....too general and it will be used to try to force you to do things that fall far outside the scope of your contract!

Working hours
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 where you throw the contract in the garbage and move on! No Saturdays!

The Employee will be required to work at the times the Employer shall direct.

Delete! Work hours need to be clearly stated....this is totally unacceptable!

Working hours is from 3pm to 9pm for regular sessions. For two intensive sessions, from 9am to 6pm (it may change on the needs of the the Institute). However total teaching hours will not exceed 30 hours per week. The Employee is required to arrive at school at least 40 minutes before the first class.

3-9 ok.....9-6 no freaking way! Unless they want to pay you for 3 hours overtime per day! If so then its a cash cow...if not its stupid clause #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.

Delete yet again! Hours are to be clearly defined not changed at whim!

Salary and Overtime
The Employee will be guaranteed ( 2,100,000 ) Won per month (before taxes for teaching 110 hours or 165 classes per month (1 class is 40 min.). This is to be considered as the Employee’s contract hours.

165 classes a week....thats 41.25 classes a week....a bit more than 8 classes a day....way too much work! agree to 120 forty minute classes and overtime of 20,000 won per class after that! You would make a killing!

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.

20,000 won per 40 minutes...not 60! Crap contract getting crappier!

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

unacceptable it should be no later than the 5'th of the month!

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.

Unacceptable! You should be paid for orientation...its still work!

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 ( 2,100,000 ) Won. It will be paid in one month.

No! It will be paid at the end of the contract! Stupid stupid and yet even more stupid!

Benefits
5.1. Housing

(a) The Employer will select and provide free furnished living accommodation for the Employee usually located not far from the Institute.

Located within 5-10 minutes walking!

(b) The accommodation may be a private apartment (bachelor/studio) or a two-three room apartment shared with other Employees with a private bedroom for each Employee and a shared kitchen and bathroom.

single accomodation only!

(c) The Employer will also provide furnishings which will include: a single bed, table, two chairs, two-burner gas hot plate, refrigerator, wardrobe, washing machine, TV set, toaster and some bedding (pillow, comforter, sheets).

air con! dishes etc...make the list fairly complete!

(d) The costs of all utilities (gas, water, electricity, cable TV, and telephone charges) and a monthly maintenance fee will have to be paid by the Employee. In the case of shared accommodation, the costs will be divided between the housemates.

5.2. Vacation, Holidays and Emergency Leave

The Employee will have: (a) paid short-term breaks between sessions as determined by the Employer in total approximately 15 days.

there are no approximates in contracts! It either is 15 days or it isnt!

If the Employee wishes to take additional (unpaid) vacation, he/she must give the Employer at least a two-month notice before taking a vacation; (b) paid statutory/ public holidays detailed in a yearly calendar; (c) up to 5 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.

5.3. 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.

2.24% each! NHIC

5.4. 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.

5.5. 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) and money to cover travel expenses.

III. Taxes and Other Deductions

The following taxes and deductions will be withheld from the Employee’s monthly salary:

Income tax required by the Korean Tax Law (approximately 5%, which may be adjusted pursue on the changes of the Korean Tax Law);

Income tax on 2.1 is 33,430.....not anywhere near 5%! They would be stealing about 70,000 won from you per month!

National Pension Contribution according to regulation (approximately 5%, which may be adjusted pursue on the changes of the regulation).

again there are no approximates! Its 4.5% each....another way for them to skim off an extra 10,500 won per month, over a year another 126,000 won out of your pocket and into theirs! cheap baxtards!

NOTE: Upon completion of the contract (agreement), pension contributions will be fully reimbursed to the Employee from USA
& Canada by the Korean government;

Health Insurance (at present 4.48%);

2.24% each per month! wow these guys are trying to take you for an additional 47,040 per month....lets add up the amount these theives are trying to steal from their teachers, shall we?

47,040+10,500+71,570=129,110 per month which is 1,549,320 per year...quite the chunk of cash!

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.

so they are stealing 1.5 mil from you and now they want another 600,000 won crappiest deal I think I have ever seen! Just say no to deposits! They cant take it if you dont let them!

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:

Coming to the Institute and conducting class under the influence of alcohol or illegal drugs and while smoking;
Making sexual advances towards or entering into relationships with the students or employees of the Institute;
Using bad language in class that would offend or discredit students, the staff and the Institute.

a bit too general! What constitutes bad language?

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

The Employee shall not disclose information relating to the contents of lectures, teaching material and business operation of the Institute to any third party.
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.

because they will tell you that you are being ripped off left right and center!

VI. Outside Employment and Conflicts of Interest

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 immi and your employer you can work elsewhere!

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.
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:

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.
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.
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.
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.
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.

another stupid clause you can quit without giving any reason! I am quitting because its Wednesday! Thats my good reason....now take this job and shove it! I aint working here no more! Giving notice is a professional thing to do.....something this contract is far from being!


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).

paying back the airfare...understandable....this other crap.....no freakin way!

VIII. Understanding

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.

the good faith of the employer has been shot to ratsh!t this contract is one of the worst bad faith contracts I think I have ever seen!

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.

why start now?

c. The contents of Ewha 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.

They can dismiss you but they cannot transfer you! crapola galore!

The Employer and the Employee have executed this agreement and appended their signatures on the date below:

RUN RUN and dont look back! Take this contract, write in big bold red lettering: shove this peice of crap up your ass where it belongs! and send it back to them!

in the running for worst contract ever!

[Hater Depot]

I think Grotto's motto should be "in the running for worst contract ever!" Seriously, I wonder what your contract looks like.

[alabamaman]