Korean Job Discussion Forums

[Lostone7]

Hi, Thank you in advance for your help!! It is very apperciated!
What do you think of this one? any advice is helpful


1. Employment, Visa, Documents

a. The Institute hereby agrees to employ the Instructor to teach the English language to Korean learners, as described herein below. The Institute hereby agrees to provide the Instructor with an appropriate employment visa (E-2) and the Instructor hereby declares that s/he possesses the documents required to obtain said visa and agrees to make these documents available to the Institute, upon request, at any time during the contract period. The Institute will not hold any of these documents for more than the time required to satisfy appropriate Korean government officials.

b. The Institute is responsible for the costs associated with applying for a visa for the Instructor that are incurred in Korea. The Instructor is responsible for the visa fee charged by Korean Consulates and Embassies and the cost of sending required documents to Korea.

2. Contract Term

a. The term of this contract is one full year, beginning with the Instructor�s first teaching day at the Institute: The contract term is from _______________ to _______________. The contract may be renewed or extended with the agreement of both parties. The Instructor will indicate his/her interest in renewing or extending the contract, in writing, at least two calendar months before its termination. The Institute will indicate acceptance of rejection of the Instructor�s interest in renewal or extension within five business days. Both parties may then re-negotiate this contract as they see fit.

3. The Instructor�s Teaching and Related Duties

a. The Instructor will behave professionally and will strive to uphold the reputation of the Institute while conducting classes, interacting with students and parents, and while interacting with the community in general.

b. The Instructor will be required to work five days per week, Monday to Friday, unless both parties agree otherwise. A typical working day will be 6 hours of teaching.

c. The Instructor will teach up to 36 hours per week. Each hour is equal to 60 minutes of classroom instruction. The teaching schedule will be set by the school director.

d. The Instructor is required to adequately prepare for all classes and devote the time required to complete the preparatory and administrative tasks that are normally associated with teaching the English language. These include:

i. Conducting classes as scheduled
ii. Supplementing Employer-provided materials as necessary and appropriate.
iii. Curriculum development.
iv. Student assessment.

4. Salary
The Institute will pay the Instructor a monthly salary of 2.1 million Korean won. This salary will be paid in full, even if the Instructor�s scheduled teaching hours falls below those outlined in Section 3c. If the Instructor�s scheduled teaching hours falls below that outlined in Section 3c, the Institute may ask the Instructor to make up the difference through administrative or curriculum development work, which may or may not be related to the classes the Instructor is teaching.

5. Overtime
The Instructor will not be required to teach overtime unless s/he agrees. Overtime will be calculated monthly and will be paid at a minimum rate of 20,000 won per hour. Duties outlined in Section 3d will not count towards the calculation of overtime. While holidays are paid in full, time not actually spent teaching (including holidays) will not count towards the calculation of overtime.

6. Severance Pay
a. Upon completion of the full contract term, the Institute will pay the Instructor one full month�s salary (2.1million won), as per the Korean Labor Standard Law.

b. If the Instructor leaves the Institute voluntarily at any time during the contract, no severance will be paid.

c. If the Institute wishes to terminate the Instructor�s employment for any reason, other than those specified in Section 12c, during the last three months of the contract term, the Institute agrees to make a pro-rated (1/12 of one month�s salary for each complete month worked) as severance payment to the Instructor.

d. The Institute reserves the right to withhold up to 500,000 won from the Instructor�s severance pay to cover utility bills that have not been received, or remain unpaid, at the end of the contract period. In this event, the balance remaining after all bills have been paid will be transferred to a bank account designated by the Instructor within 60 days of the end of the contract period. Receipts for bills paid by the Institute will be provided.

7. Air Transportation
a. The Institute will provide air transportation from the Instructor�s point of hire to Korea. The ticket will be provided directly to the Instructor, or the cost of said transportation will be reimbursed in cash to the Instructor within 7 days of his/her first teaching day at the Institute. Upon completion of the full contract term, return air transportation to the point of hire will be provided.

b. Should the Instructor not wish to return to the point of hire, the Institute and the Instructor may negotiate cash compensation. In all cases, the Instructor must comply by Korean immigration laws and make available to the Institute, upon request, proof of passage out of the Republic of Korea within the time frame stipulated by Korean immigration laws.

c. If the Instructor is dismissed or leaves the Institute voluntarily during the first six months of employment, s/he will reimburse the Institute for the cost of air transportation to Korea. The Institute will provide a receipt from the travel agency from which the ticket was purchased.

d. If the Instructor does not complete the full contract term, for any reason, the Institute will not be required to provide return transportation (or cash equivalents).

e. If this contract is extended or renewed, a return ticket will be provided to the Instructor at the end of the new contract period.

8. Housing:
a. The Institute will provide the Instructor with a single apartment. Furniture provided includes a refrigerator, a gas range, a washing machine, a TV, a telephone, common-room seating, a table suitable for meals, (a)Western-style bed(s), and (a) wardrobe(s).

b. The Institute is responsible for paying the rent and associated rental-costs for the apartment. The Instructor is responsible for paying all his/her utility bills, including electricity, water, gas, cable, internet and telephone. If the building charges a security or maintenance fee, this is also the instructor�s responsibility, to a maximum of 40,000 won per month.

c. The housing provided will be clean and ready for habitation upon the Instructor�s arrival.

9. Holidays and Vacation
a. In addition to the usual national holidays (10-13 days per year, as scheduled by the Government of Korea), the Instructor will be given 10 working days of vacation, to be taken at the discretion of the school director. How these vacation days are distributed will be discussed by the Institute and the Instructor so that the Instructor has adequate time to plan travel or other activities. No deduction from salary will be made for National Holidays or other holidays.

10. Sick Days, Emergency Leave, Other Absences
a. The Instructor will be granted up to 3 paid sick days during the contract period. The Instructor must provide proof of a visit to a doctor in order to be paid for any sick day. Absences due to illness in excess of three days per year will result in deduction from the Instructor�s salary at the rate of 1/20 of one month�s salary per day missed, as will any other absences, including those requested by the Instructor and approved by the Institute. The Institute is under no obligation to make any cash settlement for unused sick days.

b. The Instructor will be granted up to 7 consecutive days (including weekend days) of emergency leave if a member of the Instructor�s immediate family dies, sustains life-threatening injuries, or becomes life-threateningly ill, during the contract period. For the purposes 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 Institute. The Instructor agrees to provide as much notice as possible when requesting such leave.

11. Medical Insurance / Conditions
a. The Institute will enrol the instructor in the Korean National Health Insurance Corporation. The cost of premiums will be shared by the Instructor and the institute at the rates stipulated by the Government of Korea. This premium will be deducted from the Instructor�s salary. Coverage will not begin until 15-30 days after the Instructor�s arrival in Korea. Pre-existing medical conditions and dental are not included.

b. The Instructor understands that extended periods of illness and/or serious injury that results in an extended inability to perform the duties of employment may seriously harm the Institute�s business and may result in termination of the Instructor�s employment. In such cases, all outstanding salary will be paid to last day worked. The Institute further agrees to provide reasonable assistance in dealing with local hospitals, doctors, and the Instructor�s family in such cases.

12. Termination of this Contract
a. Both parties agree to provide a minimum of 60 days� written notice of their intention to terminate this contract for their own personal or business reasons. In this event, all outstanding salary will be paid on the last teaching day.

b. In the event that an unusual number of students or parents complain about the Instructor�s classes, or if there is a noticeable decline in enrollment that can be reasonably attributed to the Instructor�s teaching methods, the Instructor will be formally notified of this. S/he will be afforded a 30-day period in which to remedy the situation. If, at the end of this 30-day period, the situation has not improved, the Institute may terminate the Instructor�s employment. The Institute will be the sole judge of such improvement or lack thereof.

c. The Institute reserves the right to terminate the Instructor�s employment immediately, without warning, for the Instructor�s behavior as follows:

i. Repeated absences or tardiness without valid reasons.
ii. Unauthorized paid teaching or other employment for any entity or individual(s) other than the Institute.
iii. Use of alcohol, or any other intoxicant, which has a noticeable and negative impact upon the execution of the Instructor�s duties, or which has a substantially negative impact upon the reputation of the Institute.
iv. Violation of the laws of the Republic of Korea (South Korea).
v. Blatant refusal to adhere to the stipulations of this contract.
vi. Any behavior that threatens the physical safety or security of students or Institute staff.

d. Should the government of the Instructor�s country of citizenship, or the government of the Republic of Korea, instruct citizens of the Instructor�s home country to leave the Republic of Korea for any reason, the Institute will immediately pay all outstanding salary and, if reasonably possible, provide air transportation to the point of hire, or the international airport nearest the Instructor�s permanent residence in the Instructor�s home country.

13. Venue for Disputes
The applicable laws of the Republic of Korea will govern this contract. While both parties enter into this agreement with honesty and integrity, disputes may sometimes occur. In such cases, both parties will be bound by all the terms and conditions of this contract and will try to resolve their differences in a manner that is fair to both parties and results in the least inconvenience to both. In the event that no solution can be found and either party decides to terminate this contract, each must do so in accordance with Section 12. Upon such termination of employment or dissolution of this contract, both the Instructor and the Institute agree to behave in a respectful, civil manner and refrain from activities that may damage the reputation of either party.

14. Good Faith
The Institute and the Instructor enter into this agreement with good faith. Each will consider the welfare of the other in execution of his/her respective duties. The Institute will not dismiss the Instructor without what reasonably is considered good cause, and the Instructor will do his/her best to fulfill all the responsibilities and meet all the conditions as described in this agreement.

15. Changes to this Contract
The Institute and the Instructor have read and understood the entirety of this Employment Contract. No other verbal agreement, statement or promise made on or before the effective date of this contract will be binding on either party. Any changes made must be in writing and signed by both parties to be included in this contract. Any changes made to this contract, whether verbal or other, without the knowledge and written consent of both parties are to be considered invalid, and as such will not part of this contract.

16. Transfer of this Contract
Under no circumstances will the Institute, or any other party, exchange, give, sell, or transfer this contract, or the services of the Instructor, to another party or Institute without the written consent of the Instructor.

17. Precedence of the Laws of the Republic of Korea
Should any portion of this contract be found to be incompatible with The Korean Labor Standard Law, or any other Korean law, such portion will become invalid and the stipulations of the appropriate law will prevail. This will in no way invalidate other, unrelated, stipulations of the contract.


We hereby confirm that we have read and understood the terms and conditions
of this contract and agree to be bound by them.

[TheUrbanMyth]

It's not as bad as some I've seen but bad enough.


3b says that you will work 5 days a week for six hours a day. That equals 30 hours a week. But c says you will teach up to 36 hours a week. So where are those extra six hours per week coming from? Also they say that a "teaching" hour equals 60 minutes. No way! That is a ploy to make you teach more classes. If classes equal 40 minutes, then you will be teaching over 150 a month. Insist on 1 class=one teaching hour (regardless of whether a class is 40,50 or 60 minutes long) That is the standard in Korea.

4. No. You are a teacher. Adminstrative work which is not related to your classes is not part of your duties.



6d. Say NO to deposits. You will likely never see that money again, despite what they say.

8. Get A/C as well. Korean summers are HOT.

12b looks nasty. If the adminstration doesn't like you they could easily make up a story that too many parents are complaining (even if they aren't) and get rid of you (probably in the 11th month). This way they avoid paying severance and airfare.

I wouldn't touch this contract with a 20 foot pole (let alone a 10 foot one)

[Grotto]

1. Employment, Visa, Documents

a. The Institute hereby agrees to employ the Instructor to teach the English language to Korean learners, as described herein below. The Institute hereby agrees to provide the Instructor with an appropriate employment visa (E-2) and the Instructor hereby declares that s/he possesses the documents required to obtain said visa and agrees to make these documents available to the Institute, upon request, at any time during the contract period. The Institute will not hold any of these documents for more than the time required to satisfy appropriate Korean government officials.

b. The Institute is responsible for the costs associated with applying for a visa for the Instructor that are incurred in Korea. The Instructor is responsible for the visa fee charged by Korean Consulates and Embassies and the cost of sending required documents to Korea.

2. Contract Term

a. The term of this contract is one full year, beginning with the Instructor’s first teaching day at the Institute: The contract term is from _______________ to _______________. The contract may be renewed or extended with the agreement of both parties. The Instructor will indicate his/her interest in renewing or extending the contract, in writing, at least two calendar months before its termination. The Institute will indicate acceptance of rejection of the Instructor’s interest in renewal or extension within five business days. Both parties may then re-negotiate this contract as they see fit.

3. The Instructor’s Teaching and Related Duties

a. The Instructor will behave professionally and will strive to uphold the reputation of the Institute while conducting classes, interacting with students and parents, and while interacting with the community in general.

b. The Instructor will be required to work five days per week, Monday to Friday, unless both parties agree otherwise. A typical working day will be 6 hours of teaching.

You really need set times here...from 3-9 or 2-8 otherwise they could split shift you!

c. The Instructor will teach up to 36 hours per week. Each hour is equal to 60 minutes of classroom instruction. The teaching schedule will be set by the school director.

Contradicts above! Again you really want to find out how many classes you will end up teaching, if you are teaching 40 minute classes thats up to 52 classes a week 10 a day!

d. The Instructor is required to adequately prepare for all classes and devote the time required to complete the preparatory and administrative tasks that are normally associated with teaching the English language.

How much time is expected? Required?

These include:

i. Conducting classes as scheduled
ii. Supplementing Employer-provided materials as necessary and appropriate.
iii. Curriculum development.
iv. Student assessment.

4. Salary
The Institute will pay the Instructor a monthly salary of 2.1 million Korean won. This salary will be paid in full, even if the Instructor’s scheduled teaching hours falls below those outlined in Section 3c. If the Instructor’s scheduled teaching hours falls below that outlined in Section 3c, the Institute may ask the Instructor to make up the difference through administrative or curriculum development work, which may or may not be related to the classes the Instructor is teaching.

Sorry but no. You shouldnt have to do anything other than teach! If the institute FAILS to schedule enough classes thats too bad

5. Overtime
The Instructor will not be required to teach overtime unless s/he agrees. Overtime will be calculated monthly and will be paid at a minimum rate of 20,000 won per hour. Duties outlined in Section 3d will not count towards the calculation of overtime. While holidays are paid in full, time not actually spent teaching (including holidays) will not count towards the calculation of overtime.

Thats crap! So you work 10 extra hours for them but Chuseok was that month so you worked those extra hours for nothing

6. Severance Pay
a. Upon completion of the full contract term, the Institute will pay the Instructor one full month’s salary (2.1million won), as per the Korean Labor Standard Law.

b. If the Instructor leaves the Institute voluntarily at any time during the contract, no severance will be paid.

So if you go out for lunch you're fired? You cant leave the school to go home? Oh my freaking goodness what are they? Crazy?

c. If the Institute wishes to terminate the Instructor’s employment for any reason, other than those specified in Section 12c, during the last three months of the contract term, the Institute agrees to make a pro-rated (1/12 of one month’s salary for each complete month worked) as severance payment to the Instructor.

d. The Institute reserves the right to withhold up to 500,000 won from the Instructor’s severance pay to cover utility bills that have not been received, or remain unpaid, at the end of the contract period. In this event, the balance remaining after all bills have been paid will be transferred to a bank account designated by the Instructor within 60 days of the end of the contract period. Receipts for bills paid by the Institute will be provided.

SAY NO TO DEPOSITS! This is absolute bullcrap! To cover bills they can contact the utility companies and get and exact amount of how much you owe to date....thats what should be left behind!(you can also guess how much by averaging out your bills over the last 3 months!) IT sure as hell aint 500,000 won(unless you havent paid any of your bills for the last year!

7. Air Transportation
a. The Institute will provide air transportation from the Instructor’s point of hire to Korea. The ticket will be provided directly to the Instructor, or the cost of said transportation will be reimbursed in cash to the Instructor within 7 days of his/her first teaching day at the Institute. Upon completion of the full contract term, return air transportation to the point of hire will be provided.

b. Should the Instructor not wish to return to the point of hire, the Institute and the Instructor may negotiate cash compensation. In all cases, the Instructor must comply by Korean immigration laws and make available to the Institute, upon request, proof of passage out of the Republic of Korea within the time frame stipulated by Korean immigration laws.

c. If the Instructor is dismissed or leaves the Institute voluntarily during the first six months of employment, s/he will reimburse the Institute for the cost of air transportation to Korea. The Institute will provide a receipt from the travel agency from which the ticket was purchased.

d. If the Instructor does not complete the full contract term, for any reason, the Institute will not be required to provide return transportation (or cash equivalents).

e. If this contract is extended or renewed, a return ticket will be provided to the Instructor at the end of the new contract period.

8. Housing:
a. The Institute will provide the Instructor with a single apartment. Furniture provided includes a refrigerator, a gas range, a washing machine, a TV, a telephone, common-room seating, a table suitable for meals, (a)Western-style bed(s), and (a) wardrobe(s).

Get a full list of what is provided(air con is a must), pots pans, utensils etc.

b. The Institute is responsible for paying the rent and associated rental-costs for the apartment. The Instructor is responsible for paying all his/her utility bills, including electricity, water, gas, cable, internet and telephone. If the building charges a security or maintenance fee, this is also the instructor’s responsibility, to a maximum of 40,000 won per month.

c. The housing provided will be clean and ready for habitation upon the Instructor’s arrival.

9. Holidays and Vacation
a. In addition to the usual national holidays (10-13 days per year, as scheduled by the Government of Korea), the Instructor will be given 10 working days of vacation, to be taken at the discretion of the school director. How these vacation days are distributed will be discussed by the Institute and the Instructor so that the Instructor has adequate time to plan travel or other activities. No deduction from salary will be made for National Holidays or other holidays.

Not crazy about this clause! You really want to know when it would be acceptable to take holidays and they should be able to give you dates that are acceptable to the institute!

10. Sick Days, Emergency Leave, Other Absences
a. The Instructor will be granted up to 3 paid sick days during the contract period. The Instructor must provide proof of a visit to a doctor in order to be paid for any sick day. Absences due to illness in excess of three days per year will result in deduction from the Instructor’s salary at the rate of 1/20 of one month’s salary per day missed, as will any other absences, including those requested by the Instructor and approved by the Institute. The Institute is under no obligation to make any cash settlement for unused sick days.

You shouldnt have to provide a doctors note unless you miss 2 or more days!

b. The Instructor will be granted up to 7 consecutive days (including weekend days) of emergency leave if a member of the Instructor’s immediate family dies, sustains life-threatening injuries, or becomes life-threateningly ill, during the contract period. For the purposes 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 Institute. The Instructor agrees to provide as much notice as possible when requesting such leave.

11. Medical Insurance / Conditions
a. The Institute will enrol the instructor in the Korean National Health Insurance Corporation. The cost of premiums will be shared by the Instructor and the institute at the rates stipulated by the Government of Korea. This premium will be deducted from the Instructor’s salary. Coverage will not begin until 15-30 days after the Instructor’s arrival in Korea. Pre-existing medical conditions and dental are not included.

b. The Instructor understands that extended periods of illness and/or serious injury that results in an extended inability to perform the duties of employment may seriously harm the Institute’s business and may result in termination of the Instructor’s employment. In such cases, all outstanding salary will be paid to last day worked. The Institute further agrees to provide reasonable assistance in dealing with local hospitals, doctors, and the Instructor’s family in such cases.

12. Termination of this Contract
a. Both parties agree to provide a minimum of 60 days’ written notice of their intention to terminate this contract for their own personal or business reasons. In this event, all outstanding salary will be paid on the last teaching day.

b. In the event that an unusual number of students or parents complain about the Instructor’s classes, or if there is a noticeable decline in enrollment that can be reasonably attributed to the Instructor’s teaching methods, the Instructor will be formally notified of this. S/he will be afforded a 30-day period in which to remedy the situation. If, at the end of this 30-day period, the situation has not improved, the Institute may terminate the Instructor’s employment. The Institute will be the sole judge of such improvement or lack thereof.



c. The Institute reserves the right to terminate the Instructor’s employment immediately, without warning, for the Instructor’s behavior as follows:

i. Repeated absences or tardiness without valid reasons.
ii. Unauthorized paid teaching or other employment for any entity or individual(s) other than the Institute.
iii. Use of alcohol, or any other intoxicant, which has a noticeable and negative impact upon the execution of the Instructor’s duties, or which has a substantially negative impact upon the reputation of the Institute.
iv. Violation of the laws of the Republic of Korea (South Korea).
v. Blatant refusal to adhere to the stipulations of this contract.
vi. Any behavior that threatens the physical safety or security of students or Institute staff.

d. Should the government of the Instructor’s country of citizenship, or the government of the Republic of Korea, instruct citizens of the Instructor’s home country to leave the Republic of Korea for any reason, the Institute will immediately pay all outstanding salary and, if reasonably possible, provide air transportation to the point of hire, or the international airport nearest the Instructor’s permanent residence in the Instructor’s home country.

13. Venue for Disputes
The applicable laws of the Republic of Korea will govern this contract. While both parties enter into this agreement with honesty and integrity, disputes may sometimes occur. In such cases, both parties will be bound by all the terms and conditions of this contract and will try to resolve their differences in a manner that is fair to both parties and results in the least inconvenience to both. In the event that no solution can be found and either party decides to terminate this contract, each must do so in accordance with Section 12. Upon such termination of employment or dissolution of this contract, both the Instructor and the Institute agree to behave in a respectful, civil manner and refrain from activities that may damage the reputation of either party.

14. Good Faith
The Institute and the Instructor enter into this agreement with good faith. Each will consider the welfare of the other in execution of his/her respective duties. The Institute will not dismiss the Instructor without what reasonably is considered good cause, and the Instructor will do his/her best to fulfill all the responsibilities and meet all the conditions as described in this agreement.

15. Changes to this Contract
The Institute and the Instructor have read and understood the entirety of this Employment Contract. No other verbal agreement, statement or promise made on or before the effective date of this contract will be binding on either party. Any changes made must be in writing and signed by both parties to be included in this contract. Any changes made to this contract, whether verbal or other, without the knowledge and written consent of both parties are to be considered invalid, and as such will not part of this contract.

16. Transfer of this Contract
Under no circumstances will the Institute, or any other party, exchange, give, sell, or transfer this contract, or the services of the Instructor, to another party or Institute without the written consent of the Instructor.

17. Precedence of the Laws of the Republic of Korea
Should any portion of this contract be found to be incompatible with The Korean Labor Standard Law, or any other Korean law, such portion will become invalid and the stipulations of the appropriate law will prevail. This will in no way invalidate other, unrelated, stipulations of the contract.


We hereby confirm that we have read and understood the terms and conditions
of this contract and agree to be bound by them.

No set hours...contradictory clauses = renegotiation or rejection

[ontheway]

Problems with this contract:

3c. It states that the instructor will teach up to 36 hours per week. This should be 30. Maybe it's a mistake. Otherwise, they want you to work 36 hours before paying you overtime.

Having an hour equal to 60 minutes of instruction is OK if the classes are 60 minutes long.

5. Overtime: This must be changed. Holidays and vacation days must be treated as if they had been worked when computing overtime. If not, this is a deal breaker.

There is no mention of taxes or pension. This should be cleared up.

You NEED air conditioning provided.

12b. is no problem. If you are causing excessive complaints or enrollment declines you will be fired whether or not it's in your contract. You will also be fired from a public school if there are excessive complaints.


You should get a minimum of 2.2 million for 30 hours anywhere.

You should try for at least 22,000 for overtime.

[Lostone7]

Thank you .............. I appreciate the advice!!!!
I will see what I can do to have them fix it............
I will keep you posted!