Korean Job Discussion Forums

[fufigod]

Thank you for your help, any help is appreciated

Employment Agreement for Instructor
This EMPLOYMENT AGREEMENT has been made on __________, 200__ by and between EG Language School, a corporation organized and existing under the laws of the Republic of Korea, and having its office at 360-15, 3F, Geonyoung 3Cha Building, JoonGye-Dong, Nowon-Gu, Seoul, Korea (hereinafter called �employer�), and ___________________________, a citizen of __________________, whose domicile is at _________________ ____________________________ (hereinafter referred to as �employee�).
W I T N E S S
Each English language instructor recruited and approved by employer to teach the English language shall be directly employed by employer under this employment agreement between employer and each such particular instructor. Therefore, employer and employee, in consideration of the mutual promises and covenants contained herein, agree as follows:
[1] EMPLOYMENT OF EMPLOYEE: Employer hereby employs employee to teach the English language in the form and manner and under the terms and conditions set forth here in this agreement. Employee hereby accepts employment from employer to teach the English language in the form and manner and under the terms and conditions set forth here in this agreement.
[2] PLACE OF EMPLOYMENT: Employee will be employed to teach the English language at the address of the office as listed above (hereinafter referred to as ''place of employment'').
[3] TERM OF AGREEMENT AND RENEWAL
1. The term of this agreement shall include orientation time, twelve (12) full and consecutive teaching sessions, and all scheduled vacations and holidays which fall between or during teaching sessions. The total agreement term is twelve months, commencing on the first day of classes (___________________) and continuing until the last teaching day ( __________________ ) of employee's twelfth teaching session.
2. Employee agrees to discontinue residence in Korea under the visa status sponsored by employer within five days of termination of employment.
3. Periods of employment beyond those covered by this agreement must be agreed to by employee and employer in writing at least three months before the expiration term of this agreement.
[4] DUTIES OF EMPLOYEE
1. During the term of this agreement, employee will accept, obey, and comply with the instructions, supervision, training, and discipline of the employer and will carry out such assignments as employer directs. These duties will include instruction in any and all phases of the instructional program, administrative duties related to employee's classroom duties, attendance at scheduled staff meetings and workshops, and all duties related to the tracking, assessment, and preparation of classes and class materials as assigned by employer.
2. During the term of this agreement, employee will be required to prepare for, teach, and carry out all required administrative duties connected with classes assigned him/her by employer. Payment made for assigned teaching periods is inclusive of payment for preparation and administrative duties connected with those assigned classes. The teaching requirement shall be 120 (fifty-minute) periods per session, and average of six classes per day. In the case that classes taught equal less than the required 120 (fifty-minute) periods during a session, employee may be asked to give lessons to students over the telephone. The number of scheduled teaching days does not include Sundays, public holidays, or scheduled vacation days. Workdays are from Monday to Friday with the exception of summer and winter intensive sessions during which employee may be required to work on Saturdays. No regular schedule of work hours will be guaranteed by employer to employee.
3. In addition to the aforesaid teaching periods of an average of six periods per day, employer will have the authority to require employee to perform any classroom duties in excess of an average of six teaching periods per day. However, employer will not have the authority to require employee to teach more than an average of eight teaching periods per day unless employee consents thereto. With the exception of summer and winter intensive sessions during which employee will be required to work an average of 9 classes per day and may not refuse classes assigned by employer. The period of the intensive course is 20 days. The number of overtime teaching periods will be calculated according to the number of actual teaching periods taught in any particular teaching session (calendar month), minus the number of teaching periods covered under the normal teaching requirements as detailed above.
4. At all times during the term of this agreement, employee 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 employee or generally for the conduct of instructors at the place of employment.
5. Employee understands and agrees that at all times during the term of this agreement, employee will strictly adhere to and obey all laws, regulations, provisions, instructions, and guidance from the Government of Korea or any local government or officials thereof.
6. Employee will be present at the place of employment and be available to perform regular or special duties as specified above except for those days which are employee's regular or assigned holidays, are employee's paid vacation days, are other days on which employee is too ill to attend the place of employment as provided herein below.
[5] COMPENSATION AND OTHER TREATMENT OF EMPLOYEE
1. Transportation: Employer will purchase a one-way ticket for employee to come to Korea. In the event that employee continues employment under a subsequent employment agreement with employer, the return air ticket will be provided at the time of completion of the subsequent contract period(s), so long as term of employment consists of one year. In the event that employee chooses to arrange his/her own transportation from Korea after completion of employment, employer will pay employee the equivalent of the cost of the cheapest economy class ticket to the nearest, big city international airport to employee�s hometown. In the case that the employee stays in Korea, employer will purchase an air ticket to Japan for employee to receive a work visa.
2. Payment
1) Salary: Employer will pay employee, as compensation for all services rendered, the total aggregate monthly salary of _______ million Won for each month of the contract period with employer. "Month" and "monthly" refer to a calendar month. The initial payment period will commence from the first day of teaching. The orientation period is two days. During the orientation period employee will be compensated for one orientation day. The number of classes observed does not count. The pay for the orientation period is calculated depending on your monthly salary and one day�s pay. Payment for part of a month of employment will be calculated on the number of days employed. Payment of the aforesaid salaries will be made in Won. Korean income taxes and Korean National Pension Scheme deductions will be withheld from employee�s salary. Employee will be paid for employment time accrued over the course of any month on the 10th day of the following month
2) Overtime: Employee will be paid the rate of 20,000 Won for each hour taught (not over and above the regular rate, but separate from it) beyond the required 120 class hours per calendar month. Employee will be paid for overtime accrued over the course of any month on the 10th day of the following month.

3) Paid Vacation: Employee will receive 10 days of paid vacation (10 working days), during the contract term according to the approved schedule provided by employer prior to the commencement of this agreement. First 5days of paid vacation are determined by the employer given during the public school summer vacation or winter vacation. Last 5 days of paid vacation are given around the end of the contract.
4) Public Holidays: Employee will be paid for public holidays during the contract term. Public holidays will be designated on the monthly schedule. Employee�s salary will not be deducted for any public holidays that are not worked. However, said holidays do not count as overtime hours on the monthly salary in the month where public holidays occur.

3. Housing
1) Employer will select and provide a furnished accommodation for employee. Furnishings provided by employer for accommodation include basic furniture. Employee will be responsible for purchasing any other desired items for the apartment.
2) Employee will pay the cost of utility charges, maintenance charges, and telephone charges accrued while a resident in said accommodations, or in the event that employee shares accommodations, utility charges, maintenance charges, and telephone charges will be evenly shared among employees sharing said accommodations.
3) Employee agrees to the withholding from salary payments of a security deposit to cover possible unpaid monthly service charges, utility charges, and telephone charges; or to cover repayments for employee's default on contract agreements. Such deposit mounting to 600,000 Won will be deducted in equal installments from employee's salary during the first three months of employment with employer. You will only receive your full security deposit of 600,000won depending on your completion of a written list of things needed to be taken care of before you leave. If you do not complete any of these tasks, employer will hold the full amount of the security deposit until all outstanding monthly service charges, utility charges, and telephone charges have been paid in full. In the event that employer makes payments covering monthly service charges, utility charges, and telephone charges on behalf of employee, the amount of such payments will be deducted from the security deposit and the remainder of the security deposit returned to employee. Employer agrees that payment of the remaining amount of the security deposit will be made to employee within ten days after all outstanding monthly service charges, utility charges, and telephone charges have been paid in full.
4. Severance Payment: Dependent upon completion of at least one full year of employment, employee will be given one month�s salary as a severance bonus. Severance tax will be withheld at a rate of about 3-4 % from the bonus. In the event that employee does not renew or extend employment under a subsequent employment agreement with employer, the payment of said bonus will be made at the time of completion of the contract period.
5. Medical Insurance: Employee will be covered by medical benefits under the Korean Medical Insurance Union (KMIU), a government health organization. Half the cost of this coverage will be paid by employer and half by employee. Payment will be made by monthly deduction from employee's salary. At the time of this agreement, the rate of insurance is 3.94%, therefore employer will contribute 1.97% and employee will contribute the remaining 1.97%. Coverage commences from date of joining the KMIU.
6. Accident Compensation: In the event that employee sustains injuries from an accident or mishap during the course of normal work duties, or on the premises of the place of employment, employer agrees to pay all medical and hospital costs which are in excess of those covered by medical insurance. In the event that employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties; employee understands and agrees that employer will have no responsibility for, nor obligation to pay medical and/or hospital costs which are in excess of those covered by national medical insurance.
[6] DISMISSAL OR VOLUNTARY RESIGNATION
1. Employer will have the right to dismiss employee for unwillingness or inability to meet conditions of employment as set out under this agreement, including neglect of duties. Prior to any such dismissal, employee will be warned of dissatisfaction with performance or conduct and will be afforded an appropriate period in which to remedy the same.
2. Employer will have the right to dismiss employee for conduct seriously jeopardizing any student or staff person, or for criminal activity. In such instances, employer has the right under this agreement to execute immediate dismissal and no warning period, nor remedy period need be allotted.
3. Employee will have the right to resign before the period of this agreement is concluded, however notice should be delivered to employer in written form at least two months before resignation. In the case that employee resigns and dismisses this agreement for personal reasons within the first 6 months of this agreement, employee is required to return payment of the cost of air ticket (economy class), from place of departure to Seoul (or from location abroad where employee procured work visa), to employer.
4. In the event that employee is dismissed, or in the event that employee voluntarily resigns prior to the termination of the term of this agreement, employer will be obligated to pay all salary due to date of termination. Employer will have no duty and will not be obligated to pay the cost of return transportation to point of departure for employee.
5. In the event that war, civil disturbances, or political conditions prompt a directive from the government of the Republic of Korea or the government of employee's citizenship to leave Korea, this employment agreement will be terminated as of the date of such directive.
[7] COVENANTS
1. Employee hereby agrees, covenants, and undertakes that he/she will not undertake any teaching duties or employment with any persons or organizations other than employer. Failure to comply with this article is cause for immediate dismissal.
2. Employee hereby agrees, covenants, and undertakes that he/she will not disclose teaching materials, syllabus details or any other information relating to the academic program, whether verbally or in written form, to individuals or corporate entities not employed by employer.
3. Employee hereby agrees, covenants, and undertakes that at all times during the term of this agreement or subsequent to the time of termination of the agreement, employee will not use the name of employer for business purposes or otherwise, and will not represent or hold himself/herself out as an authorized representative of employer in Korea.
4. Unless otherwise agreed upon in writing, employee understands and accepts that the rights to the use, sale, distribution, and/or publication of all original materials produced by the employee during the course of employee's employment, remain the sole property of employer.
5. Employee hereby agrees, covenants, and undertakes that all teaching materials, syllabus details, and any other materials which have been used for teaching in any EG Language School should be returned to the school before the termination of contract.
[8] MERGER CLAUSE: This agreement constitutes the entire understanding between the parties hereto with respect to the subject matter hereof, and supersedes all previous negotiations, commitments, and writings with respect hereto. No modification of this agreement will be binding or have any legal effect unless set forth in a written agreement amending this agreement and signed by both parties hereto. Furthermore, this contract nullifies and voids any previous contract between the two parties.
[9] INDEMNIFICATION CLAUSE: Employee will indemnify, and hold harmless employer from any damages which employee may sustain, in any manner, through the misconduct or negligence of employee.

[fufigod]

I forgot to put spaces, sorry

[laogaiguk]

Nothing really special good or bad, though the 600000 won deposit, while becoming a little more common, is actually illegal and you should not agree. If you have any problem with this school, say goodbye to it. People get screwed for a month's wages and severance all the time, no need to add in 600000
Also, two months notice is a crock. One month is more than sufficient.

[alabamaman]

[TheUrbanMyth]

[fufigod]

Thank you this helps me a lot