Korean Job Discussion Forums

[Aussiekimchi]

As many of you know, many schools use the same or "bastardised" versions of the 2 or 3 different contracts in Korea.
I am hoping to write up a contract that can be used by most schools that gives the foreign instructor a fairer shake of the lamb's tail.
A few people have offered suggestions for inclusions and at the moment I am compiling everything and hope to come up with a version to present to many schools by next week.
If there is anything that is reasonable that you would like to have in a contract, please include it here.
Most of my schools are into this.
I am simply hoping for a balanced and legal document that allows both employer and employee to get through a year with a smile.
I think I have about 50 schools that would be open to using this new contract and the plan is for it to slowly leak into the others.

If you have any positive ideas great, if you think this is a waste of time, go onto the next post. It is not a debate here. Just a request for constructive input.

[Juregen]

this is an excellent initiative

i whish i could assist

[flotsam]

Can you give us an idea of what the benefits/duties/yada-yada on the new contract are? I think it would be easier to suggest tweaks than everybody throwing out random ideas.

[Dan The Chainsawman]

I want a lunch delivered to me in person by the director every friday that consists of a hamburger, fries, and vanilla milkshake.

[flotsam]

Told you.

[cubanlord]

[alabamaman]

Excellent idea

[Aussiekimchi]

Can you give us an idea of what the benefits/duties/yada-yada on the new contract are? I think it would be easier to suggest tweaks than everybody throwing out random ideas.

Yeah you are right...I am getting some bizarre PM's. Are 100 virgins something we are entitled to? Thank you to the idiot who suggested this to me privately!
I will paste in what I have so far when I am back in the office tomorrow. Stay tuned.
If you could hold off until you see what I have so far.

[jacl]

deleted

[Aussiekimchi]

Well I got keen on my day off and got busy.
Thanks to Alabamaman particularly for his help and the numerous people who PM'd me.
Feel free to suggest add ons or deletions or grammar changes or wording changes. This finished product will really be going onto some schools this month. If the wanjangnims agree to it, we are golden.
Hopefully we can get a finished product this week.


Employment Agreement

Institute Name: _______________________________________
Institute address: ______________________________________

This EMPLOYMENT AGREEMENT has been made by and between ______________________ (hereafter referred to as "Employer") and ___________________, (hereafter referred to as "Teacher").

I. EMPLOYMENT OF TEACHER

1. Within the parameters of Korean Labor Law, the Employer hereby employs the Teacher to teach ESL classes under the terms and conditions set forth here in this Agreement.
2. Within the parameters of Korean Labor Law, the Teacher hereby accepts employment from Employer to teach ESL under the terms and conditions set forth here in this Agreement.
3. The teacher shall begin working for the employer when Korean Immigration has issued the teacher an E2 teaching Visa. The period of employment will begin on the teacher's E2 Visa issue date ________/________/________ and end on the teacher's E2 Visa expiry date ________/________/________. If the teacher seeks contract extension, a written notice shall be submitted to the employer 30 days prior to the teacher's E2 Visa expiry date. The employer shall render a written decision within 7 working days.

II. QUALIFICATIONS

The Teacher must be judged qualified to teach and be able to submit all the necessary documents required by the Korean Department of Immigration for the hiring procedure of the Employer.
The Employer must be a legally registered organization for the purpose of English language instruction.
Documents
a) A sponsorship letter of guarantee will be attached to the teacher's contract at the time the contract is issued.
b) A "Certificate of Employment" will be attached to the teacher's contract at the time the contract is issued.
c) A copy of the employer's "Rules of Employment" will be attached to the contract at the time the contract is issued.
d) Photocopies of the teacher's E2 Visa application papers will be attached to the contract at the time the contract is issued.
e) A duplicate contract written in Korean shall be presented to the teacher prior to any at the time the contract is issued.
f) All original documents presented for visa purposes will be returned to the teacher upon commencement of employment.

III. PLACE OF EMPLOYMENT

1.
The Place of Employment will be _____________________, South Korea.
2.
The Teacher will not be required or requested to teach outside and apart from the place of employment, unless agreed to by both parties and permission granted by the Korean Department of Immigration.

IV. DUTIES OF TEACHER

1. During the term of this Agreement, the teacher will comply with the instructions, supervision, training and discipline of the Employer within the terms of this agreement. These duties will include instruction in any and all phases of the instructional program, administrative duties related to the classroom duties, lesson planning, attendance at scheduled staff meetings and workshops and any other duties as may be assigned by the Employer. The Employer is responsible for establishing the environment necessary for work and lecture.

2. Any time worked over ___ hours per month is deemed overtime. Only classroom contact hours in excess of over ___hours per month approved by the Employer are considered overtime. Attendance at scheduled staff meetings, counseling for feedback, lesson planning and workshop are not considered overtime nor teaching hours.

3. The Teacher will teach from Monday to __________________.

4. The Teacher and the Employer will agree to teaching hours and any necessary changes in classroom duties prior to this agreement being signed.

5. In the event that the Teacher must miss classes or be late with a reason which the Employer accepts, the Teacher must inform the Employer at least _____ hours in advance to allow the Employer to arrange substitutes.

6. The Teacher MAY be required to submit lesson plans to the Employer regularly. This will be agreed to before the Employment Agreement is signed.

7. The Teacher is not allowed to perform nor accept paid ESL instruction outside the designated classroom without prior approval from the Employer.

8. When performing ESL instruction, the Teacher must wear appropriate clothing. The clothes must be clean and express dignity of the Teacher. The Employer will clarify the dress regulations if any prior to commencement of employment.

9. At all times during the term of this Agreement, the Teacher and Employer will directly adhere to and obey all the rules and regulations that have been, or may hereafter be established by Employer for the conduct of theTeacher or generally for the conduct of instructors at the Place of Employment.

10. At all times during the term of this Agreement, the Teacher and Employer understand and agree that all parties will strictly adhere to and obey all laws, regulations, provisions, instructions and guidance from the Government of Korea or any local government of officials.

11. The Teacher will be present at the place of employment and available to perform regular or special duties as specified herein above.

12. For marketing purposes, the teacher�s profile (including name) may be placed on a brochure or Internet, etc. This will be agreed to before employment commencement.

13. The Teacher is required to come to school 30 minutes prior to the first scheduled class. This is not considered teaching time and is unpaid.


V. COMPENSATION AND WORKING CONDITIONS

1. Salary
The Employer will pay the Teacher _____________ Korean won as compensation for all services rendered. Payment for employment will be calculated every month and be made in Korean won. This salary will be paid on the ______day of every month for the past month�s worked. The Teacher�s salary begins upon the first workday after arrival at school. All training days are paid on full salary. Korean income tax and/or National Pension plan will be deducted from the Teacher�s salary. The Teacher�s salary determines the actual amount to be deducted as per Korean won.

2. Korean Pension Scheme
The employer shall deduct 4.5% of the employee's monthly salary in the amount of _________ Korean Won throughout the contract period and contribute all deductions to the Korean Pension Scheme.

3. Teaching Hours
The Monthly teaching hours will be ______ hours (1 hour is 60 minutes) and each class will consist of ________ minutes.
The school operates between the hours of _________ and _________, Monday through _________.

4. Overtime
If the Employer requires the Teacher to work in excess of _______ hours per month such overtime or extra hours shall be paid for, in addition to the monthly salary, at the rate of __________Korean won per hour during Monday � ___________________.

5. Holidays
Korean National Holidays are approx. 15 days/year. These days are paid. The teacher will receive a further ____ days paid vacation and agrees to take these according to the schedule of the school. The Teacher will observe holidays as prescribed in a yearly calendar by Korean law.

6. Monthly Withholding Tax
The employer shall deduct ________ Korean Won from the employees monthly salary throughout the contract period and pay all deductions to the District Tax Office concerned.

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

8.Transportation and Travel expenses
The Employer will provide the Teacher with a one way economy class ticket from the point of hire to Korea. In the event that the Teacher completes the full contract, the Employer will provide the Teacher with another one way economy class ticket from Korea to the point of hire at the time of termination of employment. If the Employer and the Teacher both agree to an extension of employment, the return air ticket will be provided at the time of completion of the subsequent contract period. In the event that the Teacher resides in Korea at the time of hiring, a round trip ticket from Korea to back home will not be offered. All visa expenses (airfare, accommodation and agreed allowance) outside of the actual visa application fee will be paid by the Employer to the Teacher in the case of Japan visa runs.

9. Severance pay
Severance pay, _____ Million Korean Won, will be provided to the Teacher upon completion of a one year contract.
The teacher shall provide the school with two month�s notice before terminating the contract. Failure to do this shall result in loss of severance payment

10. Medical 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, ____________, will be prepaid by 3 month intervals (the contribution payment duty is retroactive to the day the teacher 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 (_____%) from the teacher's monthly salary and pay it to the National Health Insurance Corporation per month throughout the contract period.

11.Sick Leave
The teacher will be allowed ____ days� paid sick leave during the contract period. Other classes missed will be deducted from the monthly salary.
Unused sick leave will be paid out at the end of the contract.
A doctor�s invoice with the diagnosis and prognosis is required.

VI. INSTRUCTION FEE DEDUCTIONS

In case of an unapproved absence, the amount of _____ Won per hour will be deducted from
the Teacher's instruction fee (a day= ____KRW x ____hrs). A substitute teacher for the
absent teacher will receive the instruction fees, but Employer will not regard the substitute
teaching as overtime.
The Teacher has to be punctual to classes. _________times of being late will be
considered one absence.

VII. PENALTIES

Employer may penalize the Teacher when the Teacher violates the contract.
The Employer is liable to provide a written apology when the employer violates the contract.
The penalties are as follows:
Warning
Teacher shall be reprimanded and must submit a written apology, or
Entitled to a written apology if the employer is in breach of contract.
Retraining
Employer shall stop the Teacher from teaching and retrain the Teacher when necessary.

VIII. DISMISSAL

Employer will have the right to dismiss the Teacher for clear and frequent neglect of duties under this agreement. When appropriate, prior to any such dismissal, the Teacher will be warned of dissatisfaction with performance in writing and will be afforded at least twenty days in which to remedy the same. Criminal or other conduct inside or outside the place of employment that would at the discretion of the Employer seriously jeopardize any student or staff person, or the reputation of the Employer, will cause immediate dismissal and neither warning nor time for remedy will be given.
Advance notice of dismissal
The employer shall give an advance notice to the teacher 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 teacher in the amount of ________ Korean Won.
Teacher Resignation
If the teacher seeks release from the contract before completion, the teacher shall provide 30 days written notice to the employer. All outstanding wages will be paid on the last day worked by the teacher. The employer shall issue a letter of release to the teacher upon request.
The employer also understands that this contract has been signed in good faith and will meet each of the articles mentioned honorably. Should the employer fall breach of this agreement, and if not rectified, the employer is liable to provide a release letter from the contract, pay in full all outstanding wages, all said airfares, return any monetary deposits on accommodations.
In this case, the teacher agrees to remain at the school for 5 working days to allow a replacement teacher to be found.
In the event that Teacher voluntarily resigns prior to the termination of the term of this Contract,
the Teacher shall not receive return airfare to the point of original departure.
the Teacher shall owe the amount of the original airfare to Employer, (if resignation is prior to 6 months after the contract commences.)

IX. TERMINATION OF CONTRACT

Employer reserves the right to terminate this contract for cause with written notification 30 days in advance and for serious cause without notice.
This right will be taken advantage of when:
1.The Teacher is found to be in breach of contract.

2. The Teacher is proven to be involved in a bad scandal that may tarnish the reputation of Employer.

3. Unexcused absence occurs more than three times in a two month period.

4. The Employer concludes that the Teacher cannot perform class activities, or lacks the qualities necessary to be an effective teacher after all remedies have been tried.

5. The documents submitted to the Employer are proved to be counterfeit.

X. EMPLOYER PROPERTY

Teacher must return the following items when the contract terminates.
1. All the things that Employer has rented or lent to Teacher.
2. All the money lent to Teacher.
3. Teaching materials.
4. Reference books owned by Employer.
5. Any other property owned by Employer.

XI. GOVERNING LANGUAGE

This agreement has been drawn up and has been executed in the English language and the
English language text of this agreement will govern and prevail over any translation.

XII. MERGER CLAUSE

This agreement constitutes the entire understanding between the parties with respect to the subject matter and supersedes all previous negotiations, commitments and writings with respect. This contract nullifies and voids any previous contract between the two parties.

XIII. GOVERNING LAW & JURISDICTION

This agreement will be interpreted according to the domestic laws of Korea. A competent court in Korea will have jurisdiction in regard to any dispute or claim arising out of, or in connection with, this agreement. The Employer and the Teacher have executed this agreement on the date indicated below. Intending to be legally bound and IN WITNESS WHEREOF, Employer and Teacher have appended their signatures.

XIV. PERIOD OF EMPLOYMENT

The period of employment under this contract is from to beginning and ending in the Republic of Korea. In the event of teacher's actual arrival on the job does not take place on the commencement date above, the contract period will start from the actual arrival date.



Employer___________________________

Date ________________________


Teacher____________________________

Date ________________________

[cubanlord]

I need your email address.

[cubanlord]

Ok...well...if not by email..here it is:

EMPLOYMENT AGREEMENT

1. TREATMENT/ TEACHING LESSONS

The employer and employee are individuals of equal value and respectability coming together to respectfully exchange their services. The employee will work 26 50-minute classes. If the classes taught are less than 50 minutes, the employee will not be asked to make up this time with additional classes. The school will pay overtime to the employee for teaching classes that exceed 50 minutes, or for teaching more than 26 different classes a week. Any classes that are considered overtime by these guidelines must be approved by the employee. The employee has the right to refuse overtime. These classes will be taught for a salary of ________________ Won per month and for the way agreed upon below. The employer will return the employee�s energy and efforts with materials and service supports such as proper housing, salary, etc, as mutually agreed upon below.

2. WORKLOAD/ LESSONS/ DAYS

A. The workload is 26 lessons per week within the periods of 8:20am to 5:00pm on Monday, Tuesday, Wednesday, and Thursday; Friday within the periods of 8:20a.m. to 4:20p.m.

B. The teacher reserves the right to refuse to do overtime for the school.

C. The teacher is required to participate in the school's English Festival, summer and winter English Camps. No other special activity outside the work schedule is compulsory.

G. In the case that the employer is unable to provide the employee with 26 lessons per week worth of in-class teaching time, the employee will still be paid a basic salary of ______________ Won per month.

H. Any payment owed to the employee or to the employer and that is not covered by this agreement is to be made at the latest, on the employee's last workday (e.g. a reimbursement of some kind).

10. COMPLETION BONUS

Upon completion of the teacher�s responsibilities during the full contract period, an amount equivalent to one month�s salary shall be paid as a completion bonus. This amount shall be added to the salary of the last working month and shall be subject to the relevant deductions as stipulated in clause #4 D.

In the event the teacher wishes to renew the contract for a one year period, he/she will receive an increase in salary. The salary for the new contract will be decided during negotiations.

D. Dismissal can take place if the teacher neglects correcting the causes below. Upon violation of the below causes, the teacher in question will receive a written warning that is to be signed by both the teacher in violation and either the head teacher of the administrator. The teacher is required to remedy the situation immediately. Repeated offenses may lead to further discipline such as additional written warnings, a deduction in salary (only exercised when frequent absences or excessive tardiness are present), or termination. Examples of reasons for termination are listed below:

- Neglect of his/her duties stipulated in this agreement.
- Have frequent absences from work (more than 3 full days)
- Because of the severe complaints of students, teachers, or parents.
- Excessive tardiness
- Private lessons

E. In the case of dismissal or resignation, the teacher is paid up to his/her last day of work. All necessary payments on both parties must be settled by the last day of the teacher's work.


I wrote this contract quickly. Reviewing it now, I see where I can be more specific (i.e. festivals, English camp, etc.). Thankfully, for the past two years, everything has been ok. Hope you like it and hope this helps you. If you need anything else, let me know.

[Aussiekimchi]

great thanks Cuban, however, maybe you could delete this post and simply add sections of suggest deletions so other readers do not get too confused with 2 different contracts.
I think some of your wording is much better than mine.
E.g.
G. In the case that the employer is unable to provide the employee with 26 lessons per week worth of in-class teaching time, the employee will still be paid a basic salary of ______________ Won per month.
I think this needs to go into mine for a start.
I just don't want people posting full contracts here and getting into a debate as to which one is better. I think if we go section by section, we can come up with a final product.
All contracts have good points and bad, the goal here is to take all the good points and take out all the bad.

[cubanlord]

done. I left my favorite sections.

[alabamaman]