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topcat_tara
Joined: 11 Jun 2006 Location: Naju City, Korea
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Posted: Sat Jun 24, 2006 3:09 am Post subject: Please review my contract... I am a newbie :) |
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Hi guys and gals, can you please review this contract for me...
I have already got them to pay for my utilities, rent, taxes and 100% of m health insurance and pension plan.
Is there anything I have missed?
This is the contract...
The following contact is an employment agreement between __________ to be referred to as the EMPLOYEE, and Yeong Kang Academy, to be referred to as the EMPLOYER from this point forth.
1. Period of Employment
The employee will be employed by the employer from _____________ to ______________.
2. Schedule
The number of regular teaching hours will be within 30 hours per week. In addition, it is expected that the employee will prepare for lessons in advance of each class. Classes will be held from Monday to Friday. Classes and teaching are scheduled in accordance with the needs of the Institute: however, reasonable efforts will be made to accommodate employee�s requests. Employee may not accept any work not assigned by employer.
3. Pay
Employer agrees to pay Employee yearly salary. It will be paid in South Korean Won, and is paid out in twelve (12) payments over course of twelve (12) months in the following manner:
A. ____2.0 _M__Won per month for twelve(12)months.
Monthly pay will be paid 1 month after from the starting date following each pay period. For example if an employee start an ESL job on the 15 of July, first pay will be given on the 15th of August and the salary will be paid per month on the 15th of the following month. However, on the last month of the contract term, the monthly salary is to be paid on the last day of the last day of the contract term, before the employee leaves Korea.
B. Overtime rate for each hour worked over and above 30 teaching hours per week is 20,000 Won per hour.
4. Airfare
A one-way ticket will be provided to the instructor in advance by the institute unless other arrangements are made in advance with the employer. Upon completion of the contract, a return ticket will be provided by the institute. However, if the instructor fails to complete the above contract period for any reason, the return ticket will not be given to the instructor. If the teacher leaves willfully or in case the employment contract was terminated due to the cause before 6 months from start of work, the employee must repay the airfare which was paid by the employer.
5. Accommodation
Employer agrees to provide housing for Employee. Employee is not responsible for the payment of the rent.
Housing will be provided in the following manners:
A. 2-bedroom furnished apartment
The cost of monthly service, utilities (water, gas, electricity) and local telephone service (excluding international calls or other extra �pay� services beyond local calling) for the accommodations provided will be paid by the employer.
6. Insurance
A medical and accident insurance plan from an insurance company or the Korean government will be offered to the employee. The employer will cover 50% of the cost of this plan.
7. Instructor�s duties
A.English teacher/Instructor:
Employee as an English teacher, will director and guide the students in conversational English, writing, grammar, and listening. Employee is expected to prepare for the class in advance of teaching. Employee will be provided with the books and teaching materials necessary to conduct the class. Employee is expected to conduct the class without assistance.
B.Native English speaker
Employee, as a native speaker, will instruct the students in pronunciation exercises. Employee will be provided with the some material to assist in such exercises.
C. The instructor will set a positive example at all times. The instructor will follow set class schedules and will not dismiss class, cancel classes, start classes late without the approval of the director.
8. Holiday/annual leave/tardiness notification procedures :
A.Holiday : There are 12~15 Korean holidays per year. Employee is not required to work on these days.
B.Annual leave : Employee is permitted 10 days of paid leave per year. (5 days in Summer and 5 days in winter) The employer will determine the timing of this vacation and discuss in advance with the employee.
C.Unpaid leave : Unpaid leave is permitted only under extreme and unusual circumstances. Extreme and unusual circumstances include, but are not limited to : death or serious illness of self or immediate family member. Upon presentation of proper notice and proof to the Employer, Employee may be granted up to seven days of unpaid leave
D.Tardiness : Employee has to be at school 10 minutes before the first class. If Employee is more than 10 minutes late without notification, one hour of pay may be deducted, depending on the circumstances. Acts of God and accidents are excluded.
9. Release from contract
Both parties have the right to make the contract null and void under one of the following circumstances :
A : The health of the employee is such that it is deemed impossible for the employee to continue work.
B : Blatant misconduct by employee either professionally or otherwise
C : Employee or dependents violate Korean law
D : In the event of war, civil strife, or other disturbances or matters that are deemed by either the employee�s government or Korean government as being unusual and of adequate reason for leaving the country, provided that official document from respective embassies is presented
10. Notification Requirement
Employer or employee may annul the contract by giving a minimum of one month�s advance notice in writing. In the case of employer seeking annulment, reasonable and adequate grounds must be provided in order for the contract to be involved. Reasonable and adequate grounds for annulment includes, but is not limited to, consistent blatant and gross misconduct, conducting classes under the influence of intoxicants, continual absence and/ or tardiness for classes. If employee desires arbitration, a mutually agreed upon third party must be provided to settle the matter. Employee may seek annulment in cases where the employer does not complete the terms at they are required to complete according to the contract. In the event of the Employment violating the employee�s rights as laid out in the contract, annulment is also granted.
11. Legal action
If there is dispute between the parties involved in this contract, parties agree to the final judgment of a Korean civil court, or Korean civil Law, whatever the final decision may be. If at anytime employee leaves the Institution without giving prior notice and without going through the appropriate procedures, employer has the right to pursue legal action for damages and attorney fees, against employee. If Employee has left Korean altogether, Employer has the right to pursue legal action outside of Korea. If the employee�s rights have been violated by the employer, the Korean Labor Board shall be immediately contacted to begin an investigation of the institute, its owners and directors.
Thanks for your help... |
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alabamaman
Joined: 25 Apr 2006
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Posted: Sat Jun 24, 2006 3:39 am Post subject: Re: Please review my contract... I am a newbie :) |
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topcat_tara wrote: |
Hi guys and gals, can you please review this contract for me...
I have already got them to pay for my utilities, rent, taxes and 100% of m health insurance and pension plan.
Is there anything I have missed?
You can use this as a resource also:
http://www.eslcafe.com/forums/korea/viewtopic.php?t=59265
This is the contract...
The following contact is an employment agreement between __________ to be referred to as the EMPLOYEE, and Yeong Kang Academy, to be referred to as the EMPLOYER from this point forth.
Remember there should be addresses for both parties.
Room for when the the contract was entered on.
1. Period of Employment
The employee will be employed by the employer from _____________ to ______________.
Your employment dates are from the issue date until the expiry date on your E2 Visa. Employment commences on your E2 Visa issue date, and contractual language indacting that should be writtien into this contract. It would also benefit you to have contractual language stating you will work for your employer when you have been issued an E2 Vissa from Korean Immigration Officialls. Some employers are notorious for forcing new teachers into working without E2 Visa/proper work visa which is illegal in Korea. If your caught teaching without the proper work visa then your will be deported, and/or slapped with a fine from Korean Immigration Officials.
2. Schedule
The number of regular teaching hours will be within 30 hours per week. In addition, it is expected that the employee will prepare for lessons in advance of each class. Classes will be held from Monday to Friday. Classes and teaching are scheduled in accordance with the needs of the Institute: however, reasonable efforts will be made to accommodate employee�s requests. Employee may not accept any work not assigned by employer.
How long will you have to prepare in advance?
You have no scheduled working hours. See if you can get 6 hour shifts (2-8/3-9/7-10) Monday through Friday.
How long is each class?
3. Pay
Employer agrees to pay Employee yearly salary. It will be paid in South Korean Won, and is paid out in twelve (12) payments over course of twelve (12) months in the following manner:
A. ____2.0 _M__Won per month for twelve(12)months.
Monthly pay will be paid 1 month after from the starting date following each pay period. For example if an employee start an ESL job on the 15 of July, first pay will be given on the 15th of August and the salary will be paid per month on the 15th of the following month. However, on the last month of the contract term, the monthly salary is to be paid on the last day of the last day of the contract term, before the employee leaves Korea.
B. Overtime rate for each hour worked over and above 30 teaching hours per week is 20,000 Won per hour.
4. Airfare
A one-way ticket will be provided to the instructor in advance by the institute unless other arrangements are made in advance with the employer. Upon completion of the contract, a return ticket will be provided by the institute. However, if the instructor fails to complete the above contract period for any reason, the return ticket will not be given to the instructor. If the teacher leaves willfully or in case the employment contract was terminated due to the cause before 6 months from start of work, the employee must repay the airfare which was paid by the employer.
5. Accommodation
Employer agrees to provide housing for Employee. Employee is not responsible for the payment of the rent.
Housing will be provided in the following manners:
A. 2-bedroom furnished apartment
The cost of monthly service, utilities (water, gas, electricity) and local telephone service (excluding international calls or other extra �pay� services beyond local calling) for the accommodations provided will be paid by the employer.
Say no to shared housing!
6. Insurance
A medical and accident insurance plan from an insurance company or the Korean government will be offered to the employee. The employer will cover 50% of the cost of this plan.
How much will your employer be deducting per month from your monthly salary throughout the contract period? (Include exact % that will be deducted from your monthly salary: 2.24%)
How much will your employer be paying per lump sum every three months
throughout the contract period?
When will you be enrolled in the Korean National Health Care Insurance Plan?
When will you be presented with your medical insurance card?
7. Instructor�s duties
A.English teacher/Instructor:
Employee as an English teacher, will director and guide the students in conversational English, writing, grammar, and listening. Employee is expected to prepare for the class in advance of teaching. Employee will be provided with the books and teaching materials necessary to conduct the class. Employee is expected to conduct the class without assistance.
B.Native English speaker
Employee, as a native speaker, will instruct the students in pronunciation exercises. Employee will be provided with the some material to assist in such exercises.
C. The instructor will set a positive example at all times. The instructor will follow set class schedules and will not dismiss class, cancel classes, start classes late without the approval of the director.
8. Holiday/annual leave/tardiness notification procedures :
A.Holiday : There are 12~15 Korean holidays per year. Employee is not required to work on these days.
B.Annual leave : Employee is permitted 10 days of paid leave per year. (5 days in Summer and 5 days in winter) The employer will determine the timing of this vacation and discuss in advance with the employee.
C.Unpaid leave : Unpaid leave is permitted only under extreme and unusual circumstances. Extreme and unusual circumstances include, but are not limited to : death or serious illness of self or immediate family member. Upon presentation of proper notice and proof to the Employer, Employee may be granted up to seven days of unpaid leave
Ask for 5 days
D.Tardiness : Employee has to be at school 10 minutes before the first class. If Employee is more than 10 minutes late without notification, one hour of pay may be deducted, depending on the circumstances. Acts of God and accidents are excluded.
Korean Labor Laws state that there has to be a collective agreement between both parties pertaining to pay deductions in a labor contract. If you don't agree to this, then they are required by law to remove it. Say no!
9. Release from contract
Both parties have the right to make the contract null and void under one of the following circumstances :
A : The health of the employee is such that it is deemed impossible for the employee to continue work.
B : Blatant misconduct by employee either professionally or otherwise
C : Employee or dependents violate Korean law
D : In the event of war, civil strife, or other disturbances or matters that are deemed by either the employee�s government or Korean government as being unusual and of adequate reason for leaving the country, provided that official document from respective embassies is presented
10. Notification Requirement
Employer or employee may annul the contract by giving a minimum of one month�s advance notice in writing. In the case of employer seeking annulment, reasonable and adequate grounds must be provided in order for the contract to be involved. Reasonable and adequate grounds for annulment includes, but is not limited to, consistent blatant and gross misconduct, conducting classes under the influence of intoxicants, continual absence and/ or tardiness for classes. If employee desires arbitration, a mutually agreed upon third party must be provided to settle the matter. Employee may seek annulment in cases where the employer does not complete the terms at they are required to complete according to the contract. In the event of the Employment violating the employee�s rights as laid out in the contract, annulment is also granted.
11. Legal action
If there is dispute between the parties involved in this contract, parties agree to the final judgment of a Korean civil court, or Korean civil Law, whatever the final decision may be. If at anytime employee leaves the Institution without giving prior notice and without going through the appropriate procedures, employer has the right to pursue legal action for damages and attorney fees, against employee. If Employee has left Korean altogether, Employer has the right to pursue legal action outside of Korea. If the employee�s rights have been violated by the employer, the Korean Labor Board shall be immediately contacted to begin an investigation of the institute, its owners and directors.
Dress Code Clause
Visa Run Clause
Withholding Tax Clause
Korean Pension Schem Clause (Does this apply to you?)
Letter of Release
Employer information
Address of employer
Telephone number of employer
Business liscence of employer
Thanks for your help... |
Last edited by alabamaman on Sat Jun 24, 2006 4:14 am; edited 4 times in total |
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schwa
Joined: 18 Jan 2003 Location: Yap
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Posted: Sat Jun 24, 2006 3:44 am Post subject: Re: Please review my contract... I am a newbie :) |
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topcat_tara wrote: |
Hi guys and gals, can you please review this contract for me...
I have already got them to pay for my utilities, rent, taxes and 100% of m health insurance and pension plan. |
Well that was well done, certainly not the norm. Looks like a pretty clean & straightforward contract to me. You might want some mention of what constitutes a teaching hour (50 minutes?) & blocked shifts are important.
I like the part where they'll grant you unpaid leave should you die!
But its all only ink on paper. Have you spoken with people working there? |
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rhur001
Joined: 08 May 2006
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Posted: Sat Jun 24, 2006 6:15 am Post subject: pay period |
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Hi Tara,
You should get paid ten days at most after your pay period. One month is too long. So if your pay period is from 1st May to 31st May then you should get paid on the 10th April. |
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alabamaman
Joined: 25 Apr 2006
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Posted: Sat Jun 24, 2006 6:52 am Post subject: Re: pay period |
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3. Pay
Employer agrees to pay Employee yearly salary. It will be paid in South Korean Won, and is paid out in twelve (12) payments over course of twelve (12) months in the following manner:
Negotiate to:
The employee's guaranteed monthly salary shall be paid in South Korean Won throughout the contract period in the following manner:
A. ____2.0 _M__Won per month for twelve(12)months.
Monthly pay will be paid 1 month after from the starting date following each pay period. For example if an employee start an ESL job on the 15 of July, first pay will be given on the 15th of August and the salary will be paid per month on the 15th of the following month. However, on the last month of the contract term, the monthly salary is to be paid on the last day of the last day of the contract term, before the employee leaves Korea.
Negociate to:
A. The employees guaranteed monthly salary will be 2,000,000 Korean Won payable on the last working day of the month throughout the contract period. Furthermore, the employee will be paid his/her guaranteed monthly salary if enough hours/classes have not been provided to be worked. On the last working day of the contract period, the employee will receive his/her guaranteed monthly salary. |
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huffdaddy
Joined: 25 Nov 2005
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Posted: Sat Jun 24, 2006 7:50 am Post subject: Re: pay period |
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rhur001 wrote: |
Hi Tara,
You should get paid ten days at most after your pay period. One month is too long. So if your pay period is from 1st May to 31st May then you should get paid on the 10th April. |
It's worded kinda strangely bad, but it looks to me like she gets paid one month after the beginning of the pay period. So basically, the day after the pay period is over.
Quote: |
Monthly pay will be paid 1 month after from the starting date following each pay period. For example if an employee start an ESL job on the 15 of July, first pay will be given on the 15th of August and the salary will be paid per month on the 15th of the following month. However, on the last month of the contract term, the monthly salary is to be paid on the last day of the last day of the contract term, before the employee leaves Korea. |
The only things I'd look into are 1. defining the work hours - especially wrt what constitutes "1 hour of teaching," and 2. clarifying whether it is shared or unshared housing. |
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topcat_tara
Joined: 11 Jun 2006 Location: Naju City, Korea
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Posted: Sun Jun 25, 2006 3:18 am Post subject: thanks people |
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Thanks for your help guys and gals...
I have asked to get the contract ammended to what you have all suggested and here are some answer to some of you questions:
I will be teaching 6 hours per day (30/week), usually 2:00pm-8:00pm (or 3pm-9pm)
School facilities include a building with 4 classrooms and a teachers' lounge equipped with a copier, PC, Internet access, and printer.
Student and Instructor books for teaching English are provided
Class sizes range between approximately 8-15 students
Compensation and Reimbursement:
Salary: 2,000,000 won (this is your net income after Korean taxes), paid monthly.
Paid overtime (Overtime is almost never requested)
2 weeks (10 working days) of paid vacation during designated school holidays, plus all official national Korean holidays
Medical insurance paid 50%... now 100%
Roundtrip airfare expenses paid
If necessary, air or "Beetle" travel for a visa-run to Fukuoka or Philippines will be compensated
Furnished apartment and all utilities are included
Housing Details:
Fully furnished spacious apartment (two bedrooms, living room, kitchen, full bath, large screened veranda/balcony, Ondol floors) in a 12-story apartment building.
All utilities fully paid, including Internet access, electricity, cable TV, basic phone service, etc. Utilities could add up, but these are all taken care of for you!
Furnishings include: western-style bed, dresser and closet; sofa, armchair, office desk, desktop computer, a TV set, phone, bookcase; fully stocked kitchen with a large refrigerator, gas stove top, kitchen table with chairs, and various cookware and dinnerware; washing machine.
Apartment located within a 5 minute walk from the school. Same distance from the apartment to a bank, grocery, and bus stop.
This is one of the better contracts I have seen and it is also at a christian school, which sounds very nice. |
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Grotto

Joined: 21 Mar 2004
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Posted: Sun Jun 25, 2006 6:23 am Post subject: |
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Quote: |
also at a christian school, |
major red flag to me
Christian schools have a tendency to keep demanding more and more and trying to 'guilt' their employees into doing it.
Just make sure you tell them right off you wont be going to church with them on Sundays(unless thats your thing) |
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