Korean Job Discussion Forums

[alabamaman]

This employment contract is made and entered on __________/__________/__________, by and between ********** South Korea , hereinafter referred to as the employer and __________/__________/__________, ********** **********, an English Teacher, hereinafter referred to as the worker.

Terms and Conditions

1) Term of contract

The employer is aware of Korean immigration penalties that will be imposed on the worker when working without an E2 Visa. Penalties wil include but are not limited to passport confiscation, lengthy interrogations from Immgration investigators, stop work order, daily fines for tourist visa over stay, daily fines for working without a work visa, exit order, deportation, incarceration, and a re-entry ban. The worker will not work for the employer until Korean Immigration has issued the worker an E2 Visa. When the worker has been issued an E2 Visa from Korean Immigration, the period of employment will begin on ________/________/________ and end on ________/________/________.


2) Duties

a) The worker will work 3 p.m. to 9 p.m., Mondady through Friday, no split shifts, and classes tought consecutively throughout the contract period.
b) The worker will teach a maximum of 100 classes per month throughout the contract period.
c) The worker shall teach English to Koreans Students 45 minutes per class throughout the contract period.
d) The worker will adequately prepare for classes, by appearing 30-45 minutes early before the first class every working day throughout the contract period.
e) The worker will obide by Korean laws throughout the contract period.
f) The worker may not work at another location other unless permission is granted by Korean Immigration authorities throughout the contract period.
h) The worker is prohibited from using a motorized vehicle to transport students around throughout the contract period.
i ) The worker will work 45 minutes per overtime class throughout the contract period.
j) The worker will not teach English to Korean Teachers, or employee's children throughout the contract period.
k) The worker will not conduct class while under the influence of alcohol, while smoking, or under the influence of illegal drugs throughout the contract period.
l) The worker will abide by the directors directions

3) Classroom disclipline

The worker will support the worker using appropriate discipline methods towards students throughout the contract period. Students will be subject to such discipline methods as removal from the worker's classroom.

4) Salary & Change of Schedule

The worker's guaranteed monthly salary shall be 2,200,000 for a maximum of 100 classes worked per month throughout the contract period. Furthermore, the worker will be paid the last working day of every month throughout the contract period. Both parties will mutally agree in writing before the worker works classes outside the established working hours in 2(a).

5) Overtime Hours of Employment

The worker may choose to work overtime classes once 100 classes have been worked by the worker any given month throughout the contract period. The worker will work overtime classes at the rate of 25,000 Korean Won. Furthermore, the worker will teach English to Korean Students for 45 minutes per overtime class. Both parties (worker and employer) shall mutually consent before the worker works any overtime classes.

6) Holidays

The worker will be entitled to all Korean National Holidays, and shall not work during these days, or be asked to teach make up classes due to the national holidays.


Vacation Pay

The worker will receive 10 paid vacation days per year. Days in which the worker does not regularly work (i.e. Saturday, Sunday, and Korean holidays) are not to be considered as part of the vacation period. The worker shall receive 5 days for the Summer and 5 days for the Winter.

9) Sick Days

The employee will have 4 paid sick days during the contract period. A doctors note will be required by the employer when the employee missess more than two days in a row due. Absences due to illness in excess of 4 paid sick days per year will result in deduction from the employee's salary.


10) Emergency Leave

The worker will be granted up to 6 consecutive days (including weekends) of emergency leave if a member of the worker's immediate family dies, sustains life-threatening injuries, or becomes life-threateningly ill, throughout the contract period. For the purpose of this contract, immediate family includes parents, grandparents, siblings, children, spouse, or common-law partner. This leave is unpaid. Proof of an above-described situation may be requested by the employer. The worker agrees to provide as much notice as possible when requesting such leave.

11) Health Insurance

The employer will enroll the worker in the Korean National Healthcare Insurance Plan. The worker will be physically presented with his medical insurance card on __________/__________/__________. The sum of 3 months contribution, 147,840 Korean Won, will be prepaid by 3 month intervals (the contribution payment duty is retroactive to the day he was registered for his residence in Korea) except for the permanent foreign resident. Responsibility to pay said sum of 3 months contribution is upon the employer. The employer will deduct 49,280 Korean Won (2.24%) from the worker's monthly salary and pay it to the National Health Insurance Corporation per month throughout the contract period.


12) Monthly Withholding Tax

The employer will deduct 39,800 Korean Won as a monthly withholding tax per month throughout the contract period.

13) Housing

The employer will provide the worker single housing, and rent. The worker is responsible for paying utility bills, including electricity, water, gas, cable, internet and telephone. Any and all damage caused by worker will be paid by worker. The employer will provide furnitures and other appliances. They will include an air conditioner, bed, bedding, sheets, desk, table, dining set, TV, washing machine, clothes rack, pots, pans, dishes, phone, fridge, and a stove. In return for a furnished apartment, the worker agrees to respect and care for the apartment, with the exception of normal repairs, in a respectful manner. Any outstanding bills belonging to the worker will be the sole responsibility of the worker. The worker's place of residence will be free from intrusion from the employer.

14) Korean Pension Fund

The employer will deduct 99,000 Korean Won (4.5%) per month from the worker's monthly salary, and contribute it towards the Korean Pension Fund throughout the contract period.

15) Severance payment

Upon completion of the worker's contract, severance pay in the amount of one months salary, 2,200,000 Korean Won, will be paid to the worker on the last working day.

16) Advance notice of dismissal

The employer shall give an advance notice to the worker at least 30 days before dismissal. If such notice is not given 30 days before the dismissal, normal wages for more than thirty days shall be paid to the worker in the ammount of 2,200,000 Korean Won.

17) Worker Resignation

In the event the employee seeks release from this contract, he will give 30 days notice to the employer. All outstanding salary will be paid on the last teaching day. Furthermore, the employer shall write a letter of release upon the worker's request. The employer, worker, and one witness shall sign the letter of release. Furthermore, the employer will also stamp the Korean Institute Stamp upon the letter of release.

1 Letter of Release

In the event that the worker seeks release from this contract, the employer must issue a letter of release to the worker upon request, without delay or fee being charged to the worker or potential employers. Under no circumstances shall the employer refuse the worker a letter of release or hinder the worker from securing future employment in Korea. The employer, worker, and one witness shall sign the letter of release. Furthermore, the employer will also stamp the Korean Institute Stamp upon the letter of release.

19) Summary termination of employment

The employer shall not dismiss, lay off, terminate, or suspend the worker without "justifiable reasons." In addition, the employer will not dismiss the worker during a period of temporary interruption of work for medical treatment of an occupational injury or disease and within 30 days thereafter. Justifiable reasons shall be defined as neglicting one's "duties" as outlined in clause (2).

The employer will submit a formal written letter to the worker alerting the worker of the problem(s). Both parties will communicate efectively and develope a plan of action to rectify the problem. If the worker hasn't rectified the problem using the plan of action, the employer must take the following steps prior to terminating, supending, dismissing, or to laying off the worker:

a) If a problem has not been rectified to the employer's satisfaction, the worker will receive an official verbal warning from the employer.
b) If a problem has not been rectified to the employer's satisfaction, the worker will receive his first official written warning from the employer.
c) If a problem has not been rectified to the employer's satisfaction, the worker will receive his second official written warning from the employer.
d) If a problem has not been rectified to the employer's satisfaction, the worker will receive his third official written warning from the employer.
e) If a problem has not been rectified to the employer's satisfaction, the worker will receive an advance notice of dismissal in writing from the employer.

The employer shall stamp documents 19(a),19(b),19(c),19(d),and 19(e) with the Korean Institute Stamp. Documents 19(a),19(b),19(c),19(d),and 19(e) will also be signed and dated by the following parties:

a) Employer
b) Worker
c) One witness

20) Documents

a) A sponsorship letter of guarantee will be attached to the worker's contract at the time the contract is issued to the worker.
b) The employer will attach a duplicate contract written in Korean to the at the time the contract is issued to the worker.
c) A "Certificate of Employment" will be attached to the worker's contract at the time the contract is issued to the worker.
d) A copy of the employer's "Rules of Employment" will be attached to the contract at the time the contract is issued to the worker.
e) Photocopies of the worker's E2 Visa application papers will be attached to the contract at the time the contract is issued to the worker.



22) Airfare

The employer will purchase the worker an economy class one-way ticket from the "point of hire" to Korea. At the completion of the contract period, the employer will purchase the worker an economy class one-way return ticket to the "point of hire " or another agreed upon destination. If the worker does not return to the "point of hire," then the worker will recieve the cash equivelant of an economy class one-way return ticket to the "point of hire." However, should the teacher fail to complete the service of one year under this contract, no return ticket shall be provided and no pro rata compensation made to the teacher


23) Visa Run

The employer will pay for round trip costs worker visa run to Japan, including transportation from the worker's lodging in Korea to the international airport, Korean Airport Tax, flight fare to Japan, transportation costs from the airport to the worker's hotel or guest house lodging, the total cost of the worker's lodging while in Japan, cost of food, cost of transportation to the Korean Embassy in Japan, return cost from the Embassy to the worker's lodging, cost for processing the work visa, return flight from Japan to Korea, transportation from the airport back to the worker's lodging, and all other expenses associated or required for the trip. Following the worker's round-trip visa run to Japan, he will be allowed an 12 hour rest period before actively teaching.

24) Employee Dress Code

The worker is expected to dress casually when present at the Institute. The worker should be clean-shaven, or keep his beard neatly trimmed. His hair should be neatly styled.

25) Adjustment period

The worker will have a 24 hour rest and adjustment period upon arrival in South Korea before the processing of paperwork, orientation, training and/or instructing classes.

26) Language of Contract

Under no circumstances will the �employer� exchange, give, sell, or transfer this contract or the services of the worker to another party or Institute without the written consent of the employee and immigration.

The employer agrees to abide by Articles of law contained in the "Labor Standards Act of the Korean Legal Code" including but not limited to the following: Chapter 1 (General Provisions) Articles 2, 3, 4, 5, 6, 7, 8, 10, 12, 13, 20, 21. Chapter 2 (Labor Contract), 22, 23, 24, 25, 27, 28, 30-2, 31, 32, 33, 36. 38, 39, 40, 41. (Wages), Article 42, 44, 45, 47, 48. Chapter 4 (Working Hours and Recess Hours), Articles 45. Chapter 6 (Safety and Health) Article 76. Chapter 8 (Accident Compensation), Articles 81, 82, 83, 91, 92, 93. Chapter 9 (Rules of Employment), Articles 96,97,98,99. Chapter 11 (Labor Inspector) Article 106.

The employer agrees to abide by all applicable laws, including international civil, criminal, commercial contract law, laws in the country of which the Employee is a citizen, governing all aspects of the Employee regarding employment of foreign workers, applicable OECD laws, law contained in the Korean Civil Code, Private School Act (Korea), Education Act (Korea), and Industrial Safety and Health Act (Korea)."



Employer Signature Date


Worker Signaturel Date


Witness Full Name Date

Name of School & School Location


___________________________________________________


___________________________________________________


___________________________________________________


___________________________________________________





Korean Institute Stamp





___________________________________________________

[Maserial]