Korean Job Discussion Forums

[daz1979]

Hi Grotto

I wondered whether you might provide me a few of your useful pointers on this contract!! It seems quite fair compared to other offers I have received thus far excluding the Nam Hae position!


This contract(agreement) is made between two parties;

Employee is hired by Employer as an instructor for the following period; , , 2006 to st , , 2007 .
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 regular teaching hours: 120 hours per month, 30 hours per week for 4weeks.
Classes and teaching are scheduled in accordance with the needs of the Institute, however reasonable efforts will be made to accommodate Employee's request.
Employee may not accept any work not assigned by Institute.

2. Pay
1) Salary: 2,100,000 won per month for 12 months.
※. Pay period: begins on the first day and ends on the last day of each month and the monthly salary is payable on the 10th of the month following each pay period.
※. However, on last month of the contract terms, the monthly salary and bonus is to be paid on the last day of the contract terms.
2) Overtime: 20,000 won/hour.
※. Any hours spent teaching beyond 120 hours per month will be consider as the overtime.
※. If Employee doesn't want, Employee can refuse the overtime schedule.
3). Bonus/Severance Payment: Employee will be given an additional 1/12 of annual salary (equivalent to one month salary of 2,100,000) for completing the contract period.

4). Tax: Korean income and resident taxes will be with held Income tax rate on monthly salary is 3.3%.
※. The severance check is also subject to Korean income and resident taxes.
※. Income tax rate on bonus/severance payment is 3.3%.



3. Airfare
Employer: will be provided round trip air ticket.
※. However in the event the Employee fails to complete three months of the contract term Employee agrees to reimburse Employer the cost of the paid airfare.


4. Housing
Employer: provide a single accommodation(independent house); a private one room (one room means; It looks like western style studio).
(a bed, kitchen, cooking utensils, hot water for bathing, a western style toilet
a washing machine, a TV , and a small refrigerator, air conditioner).
Employee: responsible for paying his share of utilities.
※. 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.


5. Medical Insurance
Employer: medical insurance for Employee through group membership. Employer further agrees to 50 percent of the monthly premium.
Employee: other 50 percent. and Employee's portion of the monthly premium is made through deduction from salary.
※. Dental and pre-existing conditions are not included.



6. Job Description
1). English teacher/Instructor
Employee: direct and guide the students in conversational English, and as such, class preparation is required.
The books and teaching materials necessary to conduct the class will be provided.
Employee is expected to conduct the class without assistance.
a). Professional dress and grooming in the work place are essential to maintain the desired reputation. The Employer is responsible for establishing guidelines for professional dress.
b). The Employee must behave in a professional manner during the class. The Employee need be aware of the difference in the cultural background of Korean students and their expectations of the teachers, when the Employee socialize with them outside the class.
c). The Employee is required to interview new students and evaluate their placement level.
d). The Employee shall strongly adhere to prepared teaching materials for each class and always be honest and diligent in teaching students in all classes.
e). If many of the Employee's students complain about the classes, or if the students Employee will be required to attend teacher training or other teachers classes as requested by the Director.
f). The Employee shall not agree to teach at any other Institute or privately without the permission of the Institute.
g). The Employee should attend all staff meetings as requested by the director.
If Employee needs to be absent, the Employee must inform the director or Asst Director prior to the meeting.

2). Native English Speaker
Employee: a native English speaker will instruct the students in pronunciation exercises. the necessary material to conduct such exercises will be provided.
※. Employee may be assisted by a Korean English teacher.



7. Holidays / Annual leave / Sick leave / Tardiness notification procedures
1). Korean Holidays: There are 13 - 15 Korean holidays per year. Employee is not required to work these days.
2). Annual leave: Employee is permitted 10 days of paid leave per year.
※. Summer season: 5 days paid leave, Winter season: 5 days paid leave.
※. Employee agrees to give at least 10 days notice in advance.(based on Institute schedule)
3). Unpaid leave: Unpaid leave is permitted only under extreme and unusual circumstance upon presentation of proper notice and proof to the Employer.
Employee may be granted up to seven(7) days of unpaid leave.
※. Extreme and unusual circumstance includes but not limited to, death or serious illness of self or immediate family member.
4). Sick leave: up to 3 days of paid sick leave per year(need make up). 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 a physician. at least a half an hour prior to the commencement in the class.
※. If Employee fails to notify Employer with proper proof not illness, the employer has the right to deduct on day's pay for every day the employee is absent from work.
5). Tardiness: Employee has to be at school 1 hours before the first class.
If Employee is more than 10 minute late without notification, one hour of pay may be reduced.




8. Release from contract
Both parties have the right to make the contract null and void under of the following circumstances.

1). The health of the Employee is such that it is deemed impossible for the employee to continue work; or
2). Blatant misconducts by Employee either professionally or otherwise; or
3). Employee 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 as being unusual and of adequate reason for leaving the country provided that official documents from respective embassies are presented.
5). If the Employee seeks release from the contract, cultural differences, homesickness or personal or family problems the Employee should report to the Employer. In this case, the Employee should agree to work up to 1 month.

Notification Requirement: Employer or Employee may annul the Contract by giving a minimum of one(1) month advance notice in writing. In the case of Employer seeking annulment reasonable and adequate grounds must be provide in order for the contract to be dissolved. Reasonable and adequate gounds for annulment included. but not limited to persistent 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 provide to settle the matter. Employee may seek annulment in cases where the employer does not complete the terms as they are required to complete according to the contract.

9. Legal action
If there is a 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 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



Thanks in advance


Daz

[some waygug-in]

You'd better get some better indication as to what the class schedule is.

They could be having you do split shifts all over the place on Saturdays and Sundays as well....they way the contract is worded.

[daz1979]

[Grotto]

This contract(agreement) is made between two parties;

Employee is hired by Employer as an instructor for the following period; , , 2006 to st , , 2007 .

you want the full address of the school you will be teaching at listed here

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 regular teaching hours: 120 hours per month, 30 hours per week for 4weeks.
Classes and teaching are scheduled in accordance with the needs of the Institute, however reasonable efforts will be made to accommodate Employee's request.
Employee may not accept any work not assigned by Institute.

red flag....you want a schedule...2-8 or whatever. You also want to know how many classes you will be teaching during this time....when do you get a break? My advice is never agree to hours as there is no definition of an hour in this contract....120 hours is 7200 minutes...if they count an hour as 60 minutes and you are teaching 50 minute classes then you will teach 144 classes a month, 36 a week a little more than 7 per day....if they count an hour as 50 minutes then you work 30 classes a week, 6 per day...quite the difference when you add them up over a year!

2. Pay
1) Salary: 2,100,000 won per month for 12 months.
※. Pay period: begins on the first day and ends on the last day of each month and the monthly salary is payable on the 10th of the month following each pay period.

Pay should be no later than the 5'th....it should be paid at the end of the month worked but as a compromise the 5'th

※. However, on last month of the contract terms, the monthly salary and bonus is to be paid on the last day of the contract terms.
2) Overtime: 20,000 won/hour.
※. Any hours spent teaching beyond 120 hours per month will be consider as the overtime.

Again you want this changed to any classes in excess of 6 per day shall be paid as overtime....it simplifies things!

※. If Employee doesn't want, Employee can refuse the overtime schedule.
3). Bonus/Severance Payment: Employee will be given an additional 1/12 of annual salary (equivalent to one month salary of 2,100,000) for completing the contract period.

4). Tax: Korean income and resident taxes will be with held Income tax rate on monthly salary is 3.3%.

no its not! Tax in 2.1 is 33,430won which is much closer to 1.6% check monthly withholding tax at the Korean government tax center

※. The severance check is also subject to Korean income and resident taxes.
※. Income tax rate on bonus/severance payment is 3.3%.

no its not! Its closer to 2% as well!



3. Airfare
Employer: will be provided round trip air ticket.
※. However in the event the Employee fails to complete three months of the contract term Employee agrees to reimburse Employer the cost of the paid airfare.

You want it to state 'from the nearest international airport to employees home to Incheon airport in Korea and return'( you may also want a clause in there where you can exchange the cost of the ticket for cash if you stay a second year in Korea)

4. Housing
Employer: provide a single accommodation(independent house); a private one room (one room means; It looks like western style studio).
(a bed, kitchen, cooking utensils, hot water for bathing, a western style toilet
a washing machine, a TV , and a small refrigerator, air conditioner).
Employee: responsible for paying his share of utilities.
※. 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.


5. Medical Insurance
Employer: medical insurance for Employee through group membership. Employer further agrees to 50 percent of the monthly premium.
Employee: other 50 percent. and Employee's portion of the monthly premium is made through deduction from salary.
※. Dental and pre-existing conditions are not included.

2.24% each(currently)

There is no pension mentioned....if you are Canadian or American you want pension, 4.5% each, which you get back when you leave



6. Job Description
1). English teacher/Instructor
Employee: direct and guide the students in conversational English, and as such, class preparation is required.
The books and teaching materials necessary to conduct the class will be provided.
Employee is expected to conduct the class without assistance.
a). Professional dress and grooming in the work place are essential to maintain the desired reputation. The Employer is responsible for establishing guidelines for professional dress.

you want them to list what is acceptable.....it helps you figure out what to pack

b). The Employee must behave in a professional manner during the class. The Employee need be aware of the difference in the cultural background of Korean students and their expectations of the teachers, when the Employee socialize with them outside the class.
c). The Employee is required to interview new students and evaluate their placement level.
d). The Employee shall strongly adhere to prepared teaching materials for each class and always be honest and diligent in teaching students in all classes.
e). If many of the Employee's students complain about the classes, or if the students Employee will be required to attend teacher training or other teachers classes as requested by the Director.
f). The Employee shall not agree to teach at any other Institute or privately without the permission of the Institute.
g). The Employee should attend all staff meetings as requested by the director.
If Employee needs to be absent, the Employee must inform the director or Asst Director prior to the meeting.

2). Native English Speaker
Employee: a native English speaker will instruct the students in pronunciation exercises. the necessary material to conduct such exercises will be provided.
※. Employee may be assisted by a Korean English teacher.



7. Holidays / Annual leave / Sick leave / Tardiness notification procedures
1). Korean Holidays: There are 13 - 15 Korean holidays per year. Employee is not required to work these days.
2). Annual leave: Employee is permitted 10 days of paid leave per year.
※. Summer season: 5 days paid leave, Winter season: 5 days paid leave.
※. Employee agrees to give at least 10 days notice in advance.(based on Institute schedule)
3). Unpaid leave: Unpaid leave is permitted only under extreme and unusual circumstance upon presentation of proper notice and proof to the Employer.
Employee may be granted up to seven(7) days of unpaid leave.
※. Extreme and unusual circumstance includes but not limited to, death or serious illness of self or immediate family member.
4). Sick leave: up to 3 days of paid sick leave per year(need make up).

you shouldnt have to make up sick days...otherwise they are not paid!

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 a physician. at least a half an hour prior to the commencement in the class.

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

※. If Employee fails to notify Employer with proper proof not illness, the employer has the right to deduct on day's pay for every day the employee is absent from work.

unacceptable!

5). Tardiness: Employee has to be at school 1 hours before the first class.
If Employee is more than 10 minute late without notification, one hour of pay may be reduced.

Illegal penalty clause! Stupid as well...you must show up one hour before your classes(for free) and if you are late we will dock you an additional hour of pay




8. Release from contract
Both parties have the right to make the contract null and void under of the following circumstances.

1). The health of the Employee is such that it is deemed impossible for the employee to continue work; or
2). Blatant misconducts by Employee either professionally or otherwise; or
3). Employee 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 as being unusual and of adequate reason for leaving the country provided that official documents from respective embassies are presented.
5). If the Employee seeks release from the contract, cultural differences, homesickness or personal or family problems the Employee should report to the Employer. In this case, the Employee should agree to work up to 1 month.

Notification Requirement: Employer or Employee may annul the Contract by giving a minimum of one(1) month advance notice in writing. In the case of Employer seeking annulment reasonable and adequate grounds must be provide in order for the contract to be dissolved. Reasonable and adequate gounds for annulment included. but not limited to persistent 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 provide to settle the matter. Employee may seek annulment in cases where the employer does not complete the terms as they are required to complete according to the contract.

9. Legal action
If there is a 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 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

little scare tactic.....they must have had runner previously


Its not a horrible contract at all.
You want set hours and a definition of a teaching hour(in public schools an hour is defined as any 40 or 50 minute class) with the way its currently worded you could end up teaching splits from hell!

Tax rate needs to be fixed

Pension?

fix the overtime rate

[jacl]

I just want to say that you should never agree to 120 hr/month contracts. Only agree to 30 hrs/wk with a monthly salary.

The 120 hr/month just doesn't make sense.

[K-in-C]

[quote="Grotto"]
2. Pay
1) Salary: 2,100,000 won per month for 12 months.
※. Pay period: begins on the first day and ends on the last day of each month and the monthly salary is payable on the 10th of the month following each pay period.

Pay should be no later than the 5'th....it should be paid at the end of the month worked but as a compromise the 5'th


Why is that, Grotto?

[Dodgy Al]

[quote="K-in-C"]

[Grotto]

The reason many of these contracts say paid on the 10'th or the 15'th is so you have anywhere from a third to half a months pay sitting in thier pockets....its an incentive not to run...after all you would be giving up anwhere from 1/4 to 1/2 a months pay if you did.

HOWEVER it does violate Korean labour laws that state you should get paid more than once per month. There is also no reason when someone comes to Korea that they should have to work 40-45 days before receiving their pay!

Now I understand that due to cash flow problems(they call it cash flow problems I call it poor management of business capital) waiting for parents to pay for their childs tuition they want to wait a couple of days to collect the money.....5 days is reasonable....10-15 days, I feel, is not!

[K-in-C]

[quote="Dodgy Al"]

[alabamaman]

[Big Mac]

You might want to find out whether they plan to enrol you in the National Health Insurance scheme, which is mandatory under Korean law. It sounds to me like they plan to offer you private insurance.

If they offer you private insurance, it is usually because they are trying to avoid paying pension...because when they enrol you for medical it also makes the pension office aware of your existence.

Pension is a good thing, especially if you're from North America, because you get your own contributions as well as your employer's contributions back in a lump-sum refund when you leave Korea. You don't want to get screwed out of that, because it is a significant amount of money.

[TheUrbanMyth]

[quote="K-in-C"]

[daz1979]

Thanks everyone!

It's so helpful having other peoples perceptions of what is stipulated within these contracts as I don't notice half the things you lot do!

Grotto thankyou again....... When I finally find land a job and get myself over to Korea I think I owe you a pint or three!!

[xox]

i've read over most of the threads where Grotto makes comments on contracts and I don't understand why most contracts claim they take 3.3% for income tax, and Grotto claims it's 1.6 or something like that. Why do these people even bother putting it on there?!

[jacl]