Korean Job Discussion Forums

[K-in-C]

Hi all,

Can I please get some feedback on this contract? Other than th pay being on the 15th, the 300,000 won security deposit, the hours not being set out, and the fact that a phone is not provided it looks okay? What do you think? It does bother me that they asked that I send my original degree. I said a notarised copy, by law is okay. That's correct still, right?

Thanks ahead of time,

K-in-C


This agreement sets forth all terms and conditions of employment concerning the contract appointment of ___________ (hereinafter the �you� or the �Instructor�) to the position of English Instructor at xxxxxxxCenter.

Instructor�s Name: _______________________

Date of Birth:

Nationality:

Passport Number:

Permanent Address:

Telephone Number:

E-mail:

A. TERMS OF APPOINTMENT


This appointment is to have a fixed term beginning on , and terminating on . Your appointment is a temporary one and involves no presumption by the Center or by the individual of reappointment unless there is a definite written offer of reappointment and an employment form signed by both parties as provided in Section H of this contract to that effect.

B. DUTIES AND RESPONSIBILITIES

You will teach English classes of xxx being offered at the Center according to your schedule as assigned by the Center. The responsibilities that will be assigned to you if you accept this position are listed on the reverse entitled �Responsibilities for xxxxxxCenter Teachers� (see attached).

C. HOURS OF WORK

Your appointment is at 100 percent time. As required by the Center, hours shall be scheduled to accommodate operational needs within the standard schedule of 26 contact hours per week.

You will teach four twelve-week sessions each year according to the Center�s academic calendar.

If you teach less than 26 hours of classes per week, and another instructor is ill or deemed incapable of teaching, the Center can assign subbing to you, up to 26 hours total, without additional compensation.

Instructors are normally expected to put in a minimum of two hours each day for the preparation of their classes and other duties related with teaching.

D. COMPENSATION AND BENEFITS

Salary
The salary for this position is ___2.2 � 2.3____ million won (depending on teaching experience and qualifications) per month paid on the fifteenth of each month; or if the fifteenth is not a workday, you will be paid on the last workday before the fifteenth of the month. Any overtime salary you may have earned during the previous month will be added to this base salary at the rate of 30,000 won per hour of teaching. Your salary is subject to such deductions as may be required by applicable laws and regulations of Korea. The pay period for your appointment begins ___________ and ends ___________.

Benefits
Housing: Housing is to include the deposit and monthly rent for a one-room studio style, furnished apartment.
Orientation and Training: You are required to attend a three-day teacher training/orientation prior to the beginning of classes. During the period, housing is provided and stipend will be paid at 40,000 won per day.
Severance Pay: Upon the good faith completion of one-year contract with the Center, you will receive severance pay according to the laws of the Government of Korea. The severance pay will be equal to the average of your salary for the last three months of employment.
Pension: The Center withholds pension payments from your income in accordance to law. Lump-sum refund is paid upon leaving Korea to those instructors whose country concludes a social security agreement with Korea to secure benefit right by totaling insured period in each country.
Medical Insurance: You are required to subscribe medical insurance payable at 50% of the premium charged by the national healthcare system.

Airfare: The Center will reimburse round-trip economy airfare from the point of departure to Seou/Incheon, Korea for the initial contract period. In case the Instructor is local, the Center agrees to reimburse round-trip economy airfare for the Instructor�s visa trip from Korea to a nearest city in Japan with a Korean consulate.
In order to get the airfare reimbursed, the Instructor must submit to the management the original airplane ticket and the receipt for the payment of airfare to the travel agency. Instructors not fulfilling conditions of the contract must repay transportation fees, and the fee will be deducted from the paycheck.

Holidays and Vacation: You are entitled to four(4) weeks vacation per contract period according to a yearly schedule provided by the Center in addition to all national holiday � one week during summer, two weeks during winter, and another week at the end of the academic year.
Paid Sick Leave/ Attendance Bonus: You are entitled to four(4) day paid sick leave per contract period, one day per session, for serious illness or extreme personal emergency. For absences beyond the four days, pay will be docked from the your paycheck on the basis of the overtime teaching rate of 30,000 won/hour. Should these sick leave days are not used and accrued, the Center will pay an attendance bonus of 300,000 won upon the completion of contract. Unused sick days will be credited at 50,000 won per day unused.
E. APPLICATION OF PERSONNEL POLICIES

1. Instructors will directly adhere to any Center policies and rules that have been, or may hereafter be established, by the Center for the conduct of the instructor at all times during the term of this agreement.


2. Outside Employment

The instructors of the Center are expected to make their primary employment commitment to xxx. Instructors will not teach in any programs other than the xxx, or at any other school, educational institution, or company without written approval from the Director of the Center. Instructors will not tutor students without prior approval from the Director of the Center. To undertake such employment is a breach of Korean immigration law and can have serious consequences.

3. Conflict of Interest

It is expected that instructors will not put themselves in a situation which is or has the appearance of being a conflict of interest. In examining their conduct to see if a potential for conflict exists, instructors should ask themselves if the action is free from any signs of favoritism, inappropriate influence in decision-making or personal gain. A conflict would be deemed to exist if the instructor was offering a service which is in competition with the services which the Center offers or is planning to offer. In cases where there is a question regarding a potential conflict of interest or ethical violation, the Director of the Center will make a determination regarding the matter and inform the instructor.

For a comprehensive list of policies and rules, please refer to the Instructors� Handbook

F. HOUSING

Instructors bear responsibility for expenses arising out of their use and enjoyment of the housing provided including, but not limited to phone bills, gas bills, electricity bills, water bills, and management fees. Telephone lines are not provided in the apartments by the Center. Therefore, instructors are responsible for obtaining the telephone line for their apartment and paying for any bills that may ensue.

The Instructor will pay the Center a 300,000-won security deposit for the apartment provided by the Center. This deposit will be deducted from the Instructor�s salary on the second month of the Instructor�s contract period, and upon completion of the Instructor�s period of employment, the security deposit will be refunded to the Instructor minus any outstanding monthly bills or any expenses for repairs beyond normal wear and tear to the apartment.

It is expected that instructors will be responsible for any loss or damage caused to contract-provided housing either by themselves or their guests. Instructors are expected to leave the apartment in the same condition as when they first took occupancy. Any charges for property damages will be deducted from the Instructor�s deposit and/or final paycheck.

For married instructors: The Center will assist the instructor and the spouse in finding appropriate housing into which the equivalent amount of the housing, key money and monthly rent, will be put by the Center. The difference will be paid by the Instructor, deducted monthly from the paycheck. The instructor is responsible for 100% of apartment bills.

G. TERMINATION OF APPOINTMENT

The Center reserves the right to revoke this contract at any time for unwillingness or inability of the instructor to meet the conditions of employment as set out under this agreement. In such a case, the Center is not obliged to give any notice. In this case, the Center will pay salary due to date of termination. The Center may take steps of reporting the Instructor to the Ministry of Justice so that the Instructor�s visa will be revoked. The Instructor then has two weeks to leave the country.

Dismissal or corrective action may be instituted for good cause, for clear and/or repeated neglect of the Instructor�s duties and responsibilities under this agreement, including but not limited to frequent and non-excused absence, misconduct within or outside the Center/Korea, unsatisfactory work performance or dereliction of academic duty, lack of ability to work professionally with colleagues and the staff, or disregard of the direction or principle of the Center. The Center shall be the sole judge of the above.

If the Instructor seeks release from this contract prior to the termination of the term of this agreement, he/she must give notice of such intent in writing at least sixty (60) calendar days prior to the requested date of termination. The Center requests that any Instructors seeking release should terminate it at the end of the session on the academic calendar. The Center will not give the Instructor a letter of release if the Instructor�s requested date of termination falls during any of the sessions. The Center will be entitled to withhold an amount less than or equivalent to, but not exceeding, the cost of airfare and other benefits provided to the Instructor.

If the Instructor terminates the employment without providing the required written notice to the Center, the Center may reserve the right to withhold the Instructor�s security deposit and any wages earned by the Instructor but not yet paid by the Center.

H. RENEWAL OF APPOINTMENT

Upon the mutual agreement of the Center and the Instructor on a subsequent contract, the Instructor�s period of employment may be extended. If the Instructor desires to sign a subsequent contract with the Center, the Instructor must submit to the Center a letter of intent no later than 60 days prior to the completion of the current contract period. Upon receiving this written notice, the Center will reply, expressing mutual interest or lack thereof, within two weeks. Upon the acceptance of mutual interest, the Center will provide the Instructor a new contract. The Instructor then has one week to review the new contract and to choose whether or not to sign it. The Instructor may be eligible for a salary increase on the subsequent contract. Instructors who completed one-year contract will retain their accumulated seniority in terms of salary and other privileges if return later.

I. Acceptance of Contract

Both parties have read the above conditions and agree in good faith to the terms contained herein.

_________________________________ _________________________________
_________________

[seoulsista]

They are asking you for a huge leap of faith IMO. They want you to pay your own way over here, and a 300,000 won deposit and they won't guarantee you any specific working hours. For 2.2 or 2.3?

I guess I would take it if and only if you can get more concrete hours put in there and you have spoken with some of the teachers there. Otherwise, you could be workin any crazy hours.

The vacations are the only thing that make this job sound good to me. Four weeks is a whole lot more than you will get at most hagwons.

[Grotto]

This agreement sets forth all terms and conditions of employment concerning the contract appointment of ___________ (hereinafter the �you� or the �Instructor�) to the position of English Instructor at xxxxxxxCenter.

You want the full name and address listed here

Instructor�s Name: _______________________

Date of Birth:

Nationality:

Passport Number:

Permanent Address:

Telephone Number:

E-mail:

A. TERMS OF APPOINTMENT


This appointment is to have a fixed term of one year beginning on , and terminating on . Your appointment is a temporary one and involves no presumption by the Center or by the individual of reappointment unless there is a definite written offer of reappointment and an employment form signed by both parties as provided in Section H of this contract to that effect.

B. DUTIES AND RESPONSIBILITIES

You will teach English classes of xxx being offered at the Center according to your schedule as assigned by the Center. The responsibilities that will be assigned to you if you accept this position are listed on the reverse entitled �Responsibilities for xxxxxxCenter Teachers� (see attached).

C. HOURS OF WORK

Your appointment is at 100 percent time. As required by the Center, hours shall be scheduled to accommodate operational needs within the standard schedule of 26 contact hours per week.

100 percent time?....ask to see the standard schedule and get it written into the contract

You will teach four twelve-week sessions each year according to the Center�s academic calendar.

If you teach less than 26 hours of classes per week, and another instructor is ill or deemed incapable of teaching, the Center can assign subbing to you, up to 26 hours total, without additional compensation.

Instructors are normally expected to put in a minimum of two hours each day for the preparation of their classes and other duties related with teaching.

Red flag for me....two hours is excessive....and thats the minimum!


D. COMPENSATION AND BENEFITS

Salary
The salary for this position is ___2.2 � 2.3____ million won (depending on teaching experience and qualifications) per month paid on the fifteenth of each month; or if the fifteenth is not a workday, you will be paid on the last workday before the fifteenth of the month. Any overtime salary you may have earned during the previous month will be added to this base salary at the rate of 30,000 won per hour of teaching. Your salary is subject to such deductions as may be required by applicable laws and regulations of Korea. The pay period for your appointment begins ___________ and ends ___________.

I would make sure the pay period goes from the 10'th to the 10'th then getting paid on the 15'th isnt an issue Also get the salary as 2.3 there should be no variation

Benefits
Housing: Housing is to include the deposit and monthly rent for a one-room studio style, furnished apartment.

list of furnishings

Orientation and Training: You are required to attend a three-day teacher training/orientation prior to the beginning of classes. During the period, housing is provided and stipend will be paid at 40,000 won per day.
Severance Pay: Upon the good faith completion of one-year contract with the Center, you will receive severance pay according to the laws of the Government of Korea. The severance pay will be equal to the average of your salary for the last three months of employment.

Pension: The Center withholds pension payments from your income in accordance to law. Lump-sum refund is paid upon leaving Korea to those instructors whose country concludes a social security agreement with Korea to secure benefit right by totaling insured period in each country.
Medical Insurance: You are required to subscribe medical insurance payable at 50% of the premium charged by the national healthcare system.

currently 4.5% each

Airfare: The Center will reimburse round-trip economy airfare from the point of departure to Seou/Incheon, Korea for the initial contract period. In case the Instructor is local, the Center agrees to reimburse round-trip economy airfare for the Instructor�s visa trip from Korea to a nearest city in Japan with a Korean consulate.
In order to get the airfare reimbursed, the Instructor must submit to the management the original airplane ticket and the receipt for the payment of airfare to the travel agency. Instructors not fulfilling conditions of the contract must repay transportation fees, and the fee will be deducted from the paycheck.

After 6 months the cost of the airfare to Korea will be waived

Holidays and Vacation: You are entitled to four(4) weeks vacation per contract period according to a yearly schedule provided by the Center in addition to all national holiday � one week during summer, two weeks during winter, and another week at the end of the academic year.
Paid Sick Leave/ Attendance Bonus: You are entitled to four(4) day paid sick leave per contract period, one day per session, for serious illness or extreme personal emergency. For absences beyond the four days, pay will be docked from the your paycheck on the basis of the overtime teaching rate of 30,000 won/hour. Should these sick leave days are not used and accrued, the Center will pay an attendance bonus of 300,000 won upon the completion of contract. Unused sick days will be credited at 50,000 won per day unused.

Nice....except for the sick absences beyond 4 days.....it should be deducted at the regular rate....not OT
E. APPLICATION OF PERSONNEL POLICIES

1. Instructors will directly adhere to any Center policies and rules that have been, or may hereafter be established, by the Center for the conduct of the instructor at all times during the term of this agreement.

Never let them put stuff in later on down the line


2. Outside Employment

The instructors of the Center are expected to make their primary employment commitment to xxx. Instructors will not teach in any programs other than the xxx, or at any other school, educational institution, or company without written approval from the Director of the Center. Instructors will not tutor students without prior approval from the Director of the Center. To undertake such employment is a breach of Korean immigration law and can have serious consequences.

3. Conflict of Interest

It is expected that instructors will not put themselves in a situation which is or has the appearance of being a conflict of interest. In examining their conduct to see if a potential for conflict exists, instructors should ask themselves if the action is free from any signs of favoritism, inappropriate influence in decision-making or personal gain. A conflict would be deemed to exist if the instructor was offering a service which is in competition with the services which the Center offers or is planning to offer. In cases where there is a question regarding a potential conflict of interest or ethical violation, the Director of the Center will make a determination regarding the matter and inform the instructor.

For a comprehensive list of policies and rules, please refer to the Instructors� Handbook

F. HOUSING

Instructors bear responsibility for expenses arising out of their use and enjoyment of the housing provided including, but not limited to phone bills, gas bills, electricity bills, water bills, and management fees. Telephone lines are not provided in the apartments by the Center. Therefore, instructors are responsible for obtaining the telephone line for their apartment and paying for any bills that may ensue.

The Instructor will pay the Center a 300,000-won security deposit for the apartment provided by the Center. This deposit will be deducted from the Instructor�s salary on the second month of the Instructor�s contract period, and upon completion of the Instructor�s period of employment, the security deposit will be refunded to the Instructor minus any outstanding monthly bills or any expenses for repairs beyond normal wear and tear to the apartment.

I dont like deposits but this is somewhat reasonable and it comes off the second months pay
It is expected that instructors will be responsible for any loss or damage caused to contract-provided housing either by themselves or their guests. Instructors are expected to leave the apartment in the same condition as when they first took occupancy. Any charges for property damages will be deducted from the Instructor�s deposit and/or final paycheck.

For married instructors: The Center will assist the instructor and the spouse in finding appropriate housing into which the equivalent amount of the housing, key money and monthly rent, will be put by the Center. The difference will be paid by the Instructor, deducted monthly from the paycheck. The instructor is responsible for 100% of apartment bills.

G. TERMINATION OF APPOINTMENT

The Center reserves the right to revoke this contract at any time for unwillingness or inability of the instructor to meet the conditions of employment as set out under this agreement. In such a case, the Center is not obliged to give any notice. In this case, the Center will pay salary due to date of termination. The Center may take steps of reporting the Instructor to the Ministry of Justice so that the Instructor�s visa will be revoked. The Instructor then has two weeks to leave the country.

they have to give 30 days notice or one months payu in lue of, not a biggie as this clause violates the labour laws so doesnt apply....if they terminate you without notice

Dismissal or corrective action may be instituted for good cause, for clear and/or repeated neglect of the Instructor�s duties and responsibilities under this agreement, including but not limited to frequent and non-excused absence, misconduct within or outside the Center/Korea, unsatisfactory work performance or dereliction of academic duty, lack of ability to work professionally with colleagues and the staff, or disregard of the direction or principle of the Center. The Center shall be the sole judge of the above.

If the Instructor seeks release from this contract prior to the termination of the term of this agreement, he/she must give notice of such intent in writing at least sixty (60) (30) calendar days prior to the requested date of termination. The Center requests that any Instructors seeking release should terminate it at the end of the session on the academic calendar. The Center will not give the Instructor a letter of release if the Instructor�s requested date of termination falls during any of the sessions. The Center will be entitled to withhold an amount less than or equivalent to, but not exceeding, the cost of airfare and other benefits provided to the Instructor.

delete bolded part

If the Instructor terminates the employment without providing the required written notice to the Center, the Center may reserve the right to withhold the Instructor�s security deposit and any wages earned by the Instructor but not yet paid by the Center.

Not legal, regardless of notice the institute it required to pay all wages and return all monies owed to the instructor! Slimeball clause

H. RENEWAL OF APPOINTMENT

Upon the mutual agreement of the Center and the Instructor on a subsequent contract, the Instructor�s period of employment may be extended. If the Instructor desires to sign a subsequent contract with the Center, the Instructor must submit to the Center a letter of intent no later than 60 days prior to the completion of the current contract period. Upon receiving this written notice, the Center will reply, expressing mutual interest or lack thereof, within two weeks. Upon the acceptance of mutual interest, the Center will provide the Instructor a new contract. The Instructor then has one week to review the new contract and to choose whether or not to sign it. The Instructor may be eligible for a salary increase on the subsequent contract. Instructors who completed one-year contract will retain their accumulated seniority in terms of salary and other privileges if return later.

I. Acceptance of Contract

Both parties have read the above conditions and agree in good faith to the terms contained herein.

Seen worse
I would be somewhat concerned about the illegal penalty clauses they have in.....this seems to say that they have had runners in the past.,...make sure you talk to several of the other teachers before you decide!

[ontheway]

26 contact hours = how many classes per day and week?

There is no specific mention of income taxes or how they are calculated or withheld.

There is no mention of how overtime is calculated. Do they count holidays as time worked when computing overtime, or do they use the common Korean system of only paying overtime for actual hours worked over the contracted amount, meaning that your overtime pays for your holidays?

The contract doesn't state that the vacation is paid vacation, probably an oversight, but you should find out.

The contract needs some rewriting on the above terms.



60 day notice to resign is normal now. It's legal and OK for professional teaching positions. These days it takes about 60 days to find a qualified teacher, obtain an E2 visa, and bring him/her to Korea.

Reimbursement after arrival is also acceptable for airfare. However, be aware that reimbursement of "economy" airfare could mean that they will not pay the full cost of your ticket if it is not the "economy" class price. You could get quite a bit less (70%???).

100 percent time seems to mean "full time" but you'd better check.

Insurance is 2.24% for you and for the employer at the present time, but this rate has changed in the past and is subject to change at any time. The contract should state, as it does, that the employee and employer will each pay 50% of the health insurance cost.




You need to talk to other teachers, current and past, before further negotiating and before accepting this contract.

[Grotto]

[ontheway]

Grotto is correct.

Workers can quit at any time without notice. They are not slaves. However, they will then be liable for breach of contract and will have to pay penalties and face withheld pay etc. The damages they could cause could easily exceed their entire salary for a year. A damage award could follow them to their home country and be attached to their earnings there. They will receive no letter of release.

If the employer has abused the worker or breached the contract in a material way prior to the breach by the worker, these facts can be interposed as defenses by the teacher in a legal proceeding.

It is important for teachers to remember that there is a significant difference between a "material" breach and minor violations of individual contract terms. For example: incorrect tax withholding, while important in the eyes of a teacher and in need of resolution, is not a material breach and does not constitute a defense against a total breach by resigning outside contract parameters.


Workers should be entitled to the same 60 day notice that the employer needs. This would seem fair, equatable and necessary for the same reasons - filling the position with a professional replacement.


There is a significant difference between "employment at will" and employment "under contract". The duties and obligations of a worker under contract means that while you are "free" to leave, and you are not a slave, you have voluntarily created obligations on your part for which you are financially liable and which you do not escape by quitting or running outside the terms of the contract.

[K-in-C]

Howdy,

How should I present my request for contract changes? Should I just cut and paste a critique that has been posted here.

Best,

K-in-C

[Grotto]

You can either

A) make the changes in the contract, sign it, send it to them and not tell them about the changes.

B) tell them that you made some changes and see what their response is.

C) throw it in the trashcan and keep on looking