Korean Job Discussion Forums

[xox]

I'm usually not sure what I'm looking for. I just want to know if its a good contract or not.



Employment Contract For Instructor

This contract (agreement) in made between two parties: the Employee and
the Employer, YES English Language center.
Employee is hired by employer as an instructor for the following period: 1 year
The parties agree to carry out the terms of employment as set forth herein.
The following is a description of the Employer/Employee relationship. Employee and Employer are expected to comply with the following conditions:

1. Schedule
The number of regular teaching hours will be 6 classroom hours per day.
Classes are normally held from Monday to Friday. Weekly contractual agreements of classes between Monday and Friday may be scheduled. Reasonable efforts will be made to accommodate the teacher's requests regarding teaching preferences and shift preference. In accordance with Korean law regulating Teaching Visas, the teacher shall not accept any other employment in Korea. Especially the teacher should not teach in private.
Should the teacher teach in private, he/she could be fired immediately. The teacher should be in the Institute at least one hour earlier before the first class of the day.

2. Pay
1. Institute shall pay Employee as compensation for all services rendered the total aggregate monthly salary of 1.9 M won for each month of the contract period with Institute. This salary will be paid monthly, 7days after the completion of each working month. One month working period begins with the first day when the Employee teaches in the Institute. However, on last month of the contract term, the monthly salary is to be paid on the last day of the contract term. Overtime rate for each hour worked over and above 120 hours per month is ￦18,000 per hour. Korean income and resident taxes will be withheld. Income tax rate on monthly salary is 5％

2. Bonus/ Severance Payment : Employee will be given an additional one/ twelfth of annual salary (equivalent to one month salary) for completing the contract period. This amount will be paid at time of, and is dependent on, completion of the full contract term. This amount is also subject to Korean income and resident taxes. Income tax rate on bonus/ severance payment is 5%

3. Airfare
Employer agrees to provide Employee a round ticket to Korea.(If Employee is not staying in Korea.)
However, in the event the Employee fails to complete the full contract term, Employee agrees to reimburse employer the full cost of the paid airfare.
If Employee is staying in Korea, Employer will sponsor the Employee to get a E2-visa, and give one-way ticket to Employee's homeland at the end of this contract.

4. Housing
Employer agree to provide housing for Employee. Employee is not responsible for the payment of the rent.
Employee is responsible for his/her share of utilities. In the case of an apartment, there is a building maintenance fee which covers building security and maintenance, and utilities. The fee runs approximately $60-$80 per month. Utilities in most other housing options range from $15-$50.

Housing will be provided in one of the following manners:
1) A private room in an apartment or house shared with other teacher(s)
2) A private officetel shared with other teacher(s)
3) A private room at the home of the Director of the Institute
4) A private hotel/motel
5) A private apartment

Employer agrees to provide basic household furnishings for Employee.
Employer agrees to provide or make easily accessible for the employee, adequate living accommodations and living conditions. These basic amenities include a bed, access to a kitchen, cooking utensils, hot water for bathing, and western style toilet.
Employee can not raise a pet (cat, dog, ect.) in the apartment

5. Medical Insurance
Employer agrees to provide medical insurance for Employee through group membership. Employer further
agrees to pay fifty(50) percent of the monthly premium. Employee is responsible for the other fifty(50) percent, and Employee`s portion of the monthly premium is made through deduction from salary over a period of the first three month. Dental and pre-existing conditions are not included.

6. Job Description/ Duties of employee
During the term of this Agreement the Employee shall accept, obey, and strictly comply with the instructions, supervision, training, and discipline of the director and shall carry out such assignments as directed by the director. These duties shall include ESL instruction in all phases of the program, administrative duties related to the employee, class duties, speech contest, administrative at scheduled staff meeting, workshop, school sponsored outings, and any other duties as may be assigned by the director.

1. Employee as an English teacher, will direct and guide the students in conversational English, and as such, minimal class preparation is required. Employee will be provided with the books and teaching materials necessary to conduct the class. Employee is expected to conduct the class without assistance.

2. Employee, as a native English speaker, will instruct the students in pronunciation exercises. Employee will be provided with the necessary material to conduct such exercises. No additional class preparation is required. Employee may be assisted by a Korean English teacher.
* In order to maintain the quality of lessons, one hour of preparation time prior and 30 min meeting time prior to classes each day is required from the employee. This preparation time is not included in the calculation of any overtime hours which the employee may be required to work.

3. Employee understands and agrees that at all times during the term of this agreement; Employee shall strictly obey all laws, regulations, provisions, instruction, and guidance from the government of Korea or any local government or officials thereof.

7. Holidays/annual leave/sick leave/tardiness notification procedures:
1. Holidays: There are 13-15 Korean holidays per year. Employee is not required to work on these days.

2. Vacation: Employee is permitted 7 days of paid leave per year including summer and winter vacation which is given by the institute.. Employee agrees to give at least 10 days notice in advance. Paid leave can be taken no more than three (3) days at one time unless prior arrangements are made with the Employer.

3. Unpaid leave: Unpaid leave is permitted only under extreme and unusual circumstance. Extreme and unusual circumstance includes, but 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 (7) days of unpaid leave.

4. Sick leave: Employee is permitted up to six(3) days of paid sick leave per year. Unused sick leave may not be taken as annual leave. In order to be eligible for paid sick leave, when Employee is unable to attend class due to illness, he or she shall notify Employer, with an accompanying proof of illness from physician, at least a half an hour prior to the commencement of the class. If employee fails to notify Employer with proper proof (doctor's paper) of illness, the employer has the right to deduct one day�s pay(18,000*6classes) for every day the employee is absent from work.

5. Tardiness: If Employee is more than 10 minutes late without notification, one hour of pay (18,000) may be deducted.

8. Release from contract
Both parties have the right to make the contract null and void under one of the following circumstances:
Institute shall have the right at its sole discretion to dismiss employee for clear and frequent neglect of duties under this agreement, Including, but not limited to frequent absences from Institute without approval of the director, or for manifest inability to perform duties under this agreement. provided, however, before any such dismissal, employee shall be warned of dissatisfaction with performance and shall be afforded at least 20 working days in which to remedy the situation.

1. The health of the Employee is such that it is deemed impossible for the employee to continue work;or
2. Blatant misconduct by Employee either professionally or otherwise;or
3. Employee or dependents violate Korean law;or
4. In the event of war, civil strife, or other disturbances or matters that are deemed by either the Employee`s government or Korean governments as being unusual and of adequate reason for leaving the country, provided that official documents from respective embassies are presented.
5. In the case of a serious laziness.

9. Legal action
If the is a dispute between the parties involved in the 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 Institution without giving prior notice and without going through the appropriate procedures,

Employer has the right to pursue legal actions, for damages and attorney fees, against Employee. If Employee has left Korea altogether, Employer has the right to pursue legal actions outside of Korea.

10. Notification
The teacher may annul the contract by giving a minimum of 2 month advance notice.
In the case of the employer seeking annulment, reasonable and adequate grounds must be provided in order for the contract to be dissolved.
In a situation of the teacher seeking annulment due to personal problems, the teacher must argee to work for a minimum two month to allow enough time for a replacement teacher to arrive. In the event of disputes, a mutually acceptable third party may be used to arbitrate the matter.

Signature of Employer :
(sign) X
Date: / /

Name of Institute:
YES English Language Center

Address: 590-9, , OK-DONG,, NAM-GU,
UL-SAN, SOUTH-KOREA
Phone Number: 052-265-6887 / 017-281-4022

[alabamaman]

[Zolt]

[John Henry]

I know this hogwon. You should talk to some people there. They were having some problems with their teachers for awhile. They changed a lot of theor poegram, and the teachers were hating it. Sorry I can't be more specific. It might be OK now, don't know.

Also, Ulsan is a suck ass place to live. Hope you like hangovers.

[xox]

lol thanks everyone for looking this over.
i was thinking it was kind of a shitty contract too but wanted to be reassured.

what schools have you guys taught at and would recommend? I just want to go do my job, why is it so complicated?!

i also had this school too that sent me a contract

http://www.eslcafe.com/forums/korea/viewtopic.php?p=819886&highlight=#819886

[ttompatz]

[denverdeath]

Yet another contract with no mention of pension...not good if you're American or Cdn. It may be legal for them to register you as a part-time worker, but I strongly urge people to not sign contracts like this. Think of the big picture. You may have a little more money at the end of each month to play with, but at the end of the contract, you're screwing yourself. If you don't insist on national medical insurance and national pension coverage, the only people you're saving money for are the hakwon owners, and you are being taxed at a much higher rate than is the norm.

Based on a monthly salary of 2mil:

For you Private medical coverage = ~200,000/yr (non-refundable)
For your boss = ~200,000/yr (non-refundable)
National Health coverage = 537,600/yr (non-refundable)
For your boss = 537,600/yr (non-refundable)

For you Pension = 1,080,000/yr (refunded to you)
For your boss = 1,080,000/yr (refunded to you)

Tax from you at 3.3% = 792,000/yr
Doesn't affect boss.

Tax from you at 5% = 1,200,000
Doesn't affect boss, except that he may be lining his pockets with 30-50 grand a month...adds up over the months and years and if the place has a few or more employees.

Std taxation including 10% resident tax = ~384,000/yr.
Doesn't affect boss.

Similar to your situation:

26,000,000 (yearly salary + severance)
-200,000 (health)
-1,300,000 (5% tax)
24,500,000

or

26,000,000 (yearly salary + severance)
-200,000 (health)
-858,000 (3.3% tax)
24,942,000

Boss saves 337,600 + 1,080,000 = ~1,420,000 on one employee.

or

26,000,000 (yearly salary + severance)
-537,600 (health)
-400,000 (tax)
+1,080,000 (boss' pension contributions)
26,142,400

Although the figures aren't 100% accurate and are a bit simplistic, you get the idea. Do the math; you know your boss does.

Also, it's legal for you to work at a second workplace as long as your first workplace(E-2 sponsor) and immigration authorize it. And, that has to be one of the worst housing clauses I've seen in a long, long time. Maybe the housing they provide is fine, but they could put you anywhere they wanted by the sounds of it.

Go with the public school position if you don't mind being expected to be there for 40 hours each week. At least there should be less surprises wrt contractual clauses.