Korean Job Discussion Forums

[Crystal98]

I just received my contract and needed some help on what I should try to have changed and what needs to be adjusted. There are a few things which I realize will need be clarified by the school, for ex % of taxes, pension etc and whether i work split shifts or not, but is there anything else you see wrong with it? It's with a franchise ecc school and seems to be fairly standard for these schools.

Thanks!

Here it is:


Employer and employee, in consideration of the mutual promises and covenants contained herein, agree as follows:

1.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. Employee may be required to teach outside the place of employment. In such case, employee will be reimbursed for travel expenses incurred beyond those expenses normallyincurred in travel from the employee's home to the place of employment.

3. Term of Agreement
3.1 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 term of this agreement is approximately one year, commencing from the first day of orientation( ) and finishing on the last teaching day of employee's twelfth teaching session ( )

3.2 Employee agrees to discontinue residence in Korea under the visa status sponsored by employer within five days of termination of employment.

3.3 Periods of employment of employee beyond that covered by this agreement must be agreed to by employee and employer, in writing, at least three months before the expiration of the term of this agreement.

4. Duties

4.1 During the term of this agreement, the employee will be required to prepare for, teach, and carry out all required administrative duties connected with classes assigned by the employer. No regular schedule of work hours can be guaranteed to employee. Employee agrees to attend meetings and training workshops scheduled by employer. The purpose of meetings and workshops is to inform employee of matters relating to employee's duties and the institute's operation, or to assist in employee's professional development. No payment in excess of or in addition to employee's monthly salary will be made for attending meetings or workshops scheduled by employer.

4.2 The minimum teaching requirement shall be 105 hours(1 hour is 60 minutes) per month. Monday through Saturday are teaching days except for scheduled public holidays and vacation days. There is no teaching on Sundays.

4.3 The employer will have the authority to require employee to perform any classroom duties in excess of the minimum teaching requirement (such excess hereinafter called "overtime"), but the employer will not have the authority to require employee to teach more than 110 hours each month, unless employee consents thereto. Only teaching periods in excess of the minimum teaching requirement and approved by the employer are considered overtime. Employee will be paid at the rate of 20,000 Won for each teaching hour of overtime.

4.4 The employer has the authority to assign employee some non-teaching hours, within the limits on total work hours set forth herein above.

4.5 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.

4.6 Employee agrees to dress appropriately at all times when teaching or when present on the premises of the place of employment and to follow the advice, directives and policies of employer regarding what constitutes appropriate dress.

4.7 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.

4.8 Employee agrees to be present at the place of employment at least one hour before the commencement of each day's allocated teaching schedule to allow time for organization of teaching materials and preparation for the day's lessons.

5. Compensation and Other Treatment of Employee

5.1Transportation:Employer will provide for employee an economy class ticket for passage to Korea from an airport which is mutually agreed to
by employer and employee (henceforth referred to as point of departure). On completion of the full contract period, employer will provide for the employee an economy class ticket for passage from Korea to point of departure. The return air ticket will be provided at the time of termination of employment. In the
event that the employee continues employment under a subsequent employment agreement with employer, the return air fare will be provided at the time of completion of the subsequent contract period(s).

5.2 Orientation and Training: Shortly after arrival in Korea, employee will be required to undertake orientation and training intended to provide employee with the requisite familiarity with institute operation and policies and to ensure that employee possesses adequate knowledge and skills related to duties of employment. Employee will receive payment of 30,000 Won per each day of training and orientation.

5.3 Relocation Allowance: Employer will pay employee, within (10) days of arrival or within (4) days after employee begins teaching duties, 100,000 Won to help to defray the cost of settling in Korea.

5.4 Salary: Employer will pay employee as compensation for all services rendered a monthly salary of (1,800,000) Won for each month of the contract period with employer. "Month" and "Monthly" refer to a session (4weeks) of the ECC calendar. Salary will commence from the first day of teaching. 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. Monthly salary payments will be made on or before the eighth day of the month following the month during which the employment services were provided.

5.5 Severance Payment: Dependent upon completion of the full contract period, the employee will be given an additional regular monthly salary payment. Korean severance tax will be withheld. In the event that the employee does not renew or extend employment under a subsequent employment agreement with employer, this payment will be made at the time of completion of the contract period.

5.6 Holidays and Vacation: Employee will be entitled to observe public holidays and receive vacation days during the contract term according to a yearly schedule provided by employer before the commencement of the year to which the schedule refers. There are at least twelve vacation days in each calendar. Salary will be maintained for observed public scheduled vacation days.

5.7 Absence from Duties: Salary is not maintained when employee is absent from teaching duties. In the event that employee is absent from duties for whatever reason, monthly salary will be reduced according to the length of the absence. Reductions will be based on basic salary rate. Transference of teaching duties by employee to persons other than employee is not possible without the permission of employer.

5.8 Emergency Leave: Employee will be eligible to receive up to six (6) days of paid emergency leave in the event of death or serious illness in employee's immediate family. The immediate family of employee for the purpose of this paragraph will include only parents, grandparents, grandchildren, spouse, children, brothers and sisters. Such emergency leave will be granted at the sole discretion of employer. The employee will bear the cost of transportation in the event of a need for emergency leave. Payment for emergency leave will only be made in the event that the employee resumes duties with the employer.

5.9 Medical Insurance :Employee will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The costs of this coverage will be borne half by employer and half by employee. Payment will be made by monthly deduction from employee's salary.

5.10 Accident Compensation: In the event that employee sustains injuries from an accident or mishap during the course of normal work duties, or within the premises of 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 hospital costs which are in excess of those covered by medical insurance.

5.11 Housing

5.11.1 Employer will select and provide furnished single accommodation for employee.

5.11.2 The cost of monthly service, utility, and telephone charges for accommodation provided by employer will be shared by both employees. In the case that, and for as long as, employee is a sole occupant of accommodation provided by employer and designated as a double occupancy accommodation, employer will cover half of the monthly maintenance charges. During any period of sole occupancy employee will be responsible for all utility and telephone charges. The cost of monthly service, utility, and telephone charges for accommodation arranged by employee will be paid by the employee.

5.11.3 Employee agrees to pay employer a housing management deposit to cover unpaid monthly service, utility, and telephone charges. Such deposit amounting to 600,000 Won and being payable to employer in three equal installments will be deducted from the salary during the first six months of employment with employer. Dependent on a written guarantee from a guarantor acceptable to employer, employer agrees that the deposit will be returned, in full, to the employee at the time of completion of employee's period of employment with employer, including any period of employment beyond that covered by this agreement. In the absence of such written guarantee, employer will hold the full amount of the deposit until all outstanding monthly service, utility, and telephone charges have been paid. In the event that employer makes payments covering monthly service, utility, and telephone charges on behalf of employee, the amount of such payments will be deducted from the deposit and the remainder of the deposit returned to employee. Employer agrees that payment of remaining amounts of the deposit will be made to employee within ten days after all outstanding monthly service, utility, and telephone charges have been paid.

6. Dismissal or Voluntary Resignation

6.1 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.

6.2 Employer will have the right to dismiss employee for conduct seriously jeopardizing any student or staff person, or for criminal activity. In such nstances, employer has the right under this agreement to execute immediate dismissal and no warning nor time for remedy need be allotted.

6.3 In the event that the employee is dismissed, or in the event that the 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, nor will employer be obligated to pay any severance pay. Further, employer will be entitled to withhold an amount less than or equivalent to, but not exceeding, the cost of airfare provided for travel to Korea.

6.4 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. In such case, employer will provide to employee an air ticket to point of departure, irrespective of length of employment period. All salary due at date of termination will be paid. Pro-rated severance pay will be given for periods of employment of less than twelve months.

7. Covenants

7.1 Employee hereby agrees, covenants, and undertakes that he/she will not undertake any teaching duties or employment with any persons or organizations other than the employer. Failure to comply with this article is cause for immediate dismissal.

7.2 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.

7.3 Unless agreed to in writing, the employee understands and accepts that the rights to use, sale, distribution, or publication of all original material produced by the employee during the course of employee's employment, and for which the employee is compensated as either regular pay, as overtime, or in an agreed-upon lump sum, remain the sole property of employer.

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 and employer's representatives from any damages which employee may sustain, in any manner, through the misconduct or negligence of employee.

10. Waiver :The failure of either party at any time to enforce the terms, provisions, or conditions of this agreement will not be construed as a waiver of the same or of the right of such party to enforce the same.

11. Governing Language and Jurisdiction :This agreement has been drawn up and has been executed in the English language; and the English language text of this agreement will govern and prevail over any translation thereof. This agreement will be interpreted according to the internal (domestic) laws of the Republic of Korea. A competent court in the Republic of Korea will have jurisdiction in regard to any dispute or claim arising out of, or in connection with, this agreement.

Employer and employee have executed this agreement on the date indicated below. Intending to be legally bound to, and in witness of, employer and employee have appended their signatures.

[Pyongshin Sangja]

[SuperFly]

Goddam that was funny P.S.


Your posts are freakin hilarious brother.

[Zark]

Realize that a contract is only as good as the employer. All the clauses and special notations in the world won't help if your employer is a dishonest person/company/entity.

Do your research on your EMPLOYER not so much on your CONTRACT.

I don't even have a contract where I work - but yet my employer does lots of extras for me - so I don't mind doing some extras for him.

Life works that way.

Uh . . . just my opinion.

[soviet_man]

It is obviously a standard YBM ECC contract, probably from a company-owned branch, not a franchise, going by the pay rate.

They are not going to negotiate. It is a standard contract, "take it or leave it" will be their attitude. I don't think they would change much.

Because if this person doen't take it, some other fool will.

Hence that is the bigger problem.

[Grotto]

Employer and employee, in consideration of the mutual promises and covenants contained herein, agree as follows:

sorry but its a labour contract...not an agreement~

1.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. Employee may be required to teach outside the place of employment. In such case, employee will be reimbursed for travel expenses incurred beyond those expenses normallyincurred in travel from the employee's home to the place of employment.

and each location will be approved by immigration for each seperate work location

3. Term of Agreement
3.1 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 term of this agreement is approximately one year, commencing from the first day of orientation( ) and finishing on the last teaching day of employee's twelfth teaching session ( )

yah i've said it before and i'll say it again...its for 1 year, 365 days...tell them to take their bleedin teaching sessions and stick em where the sun dont shine....contract duration is to be clear and concise this bullcrap is neither~

3.2 Employee agrees to discontinue residence in Korea under the visa status sponsored by employer within five days of termination of employment.

dont worry most people cant wait to get the hell out of there and are gone in 1!

3.3 Periods of employment of employee beyond that covered by this agreement must be agreed to by employee and employer, in writing, at least three months before the expiration of the term of this agreement.

4. Duties

4.1 During the term of this agreement, the employee will be required to prepare for, teach, and carry out all required administrative duties connected with classes assigned by the employer.

Which are?

No regular schedule of work hours can be guaranteed to employee.

great schedule changes and split shifts

Employee agrees to attend meetings and training workshops scheduled by employer.

why? they serve no purpose! What they waste an hour of your time on they could cover with a post it note

The purpose of meetings and workshops is to inform employee of matters relating to employee's duties and the institute's operation, or to assist in employee's professional development. No payment in excess of or in addition to employee's monthly salary will be made for attending meetings or workshops scheduled by employer.

no pay=no play take your unpaid meetings and stick em where the sun dont shine!

4.2 The minimum teaching requirement shall be 105 hours(1 hour is 60 minutes) per month. Monday through Saturday are teaching days except for scheduled public holidays and vacation days. There is no teaching on Sundays.

thats nice....you still want to know how many classes a day, how many a week and from what time to what time.....in a contract work hours are to be spelled out clearly....take this clause and stick it right next to the others

4.3 The employer will have the authority to require employee to perform any classroom duties in excess of the minimum teaching requirement (such excess hereinafter called "overtime"), but the employer will not have the authority to require employee to teach more than 110 hours each month, unless employee consents thereto. Only teaching periods in excess of the minimum teaching requirement and approved by the employer are considered overtime.

sorry but you cant 'require' the employee to do anything in excess of the minimum hours!

Employee will be paid at the rate of 20,000 Won for each teaching hour of overtime.

25,000 won per hour of OT

4.4 The employer has the authority to assign employee some non-teaching hours, within the limits on total work hours set forth herein above.

no thanks....as there is no definition of non teaching hours I wouldnt agree to this stupidity...hope they have lots of room you know where

4.5 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.

rules and regulations need to be attached to the contract....they are the ones that are binding .......any bullcrap they add in later is not...they can stick this up their asses too!


4.6 Employee agrees to dress appropriately at all times when teaching or when present on the premises of the place of employment and to follow the advice, directives and policies of employer regarding what constitutes appropriate dress.

which should be listed here....its good to know what clothes to bring

4.7 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.

why? you guys obviously dont

4.8 Employee agrees to be present at the place of employment at least one hour before the commencement of each day's allocated teaching schedule to allow time for organization of teaching materials and preparation for the day's lessons.

thats nice....so its work...right? so you count this as an hour...right? NO?! stick this up there too~

5. Compensation and Other Treatment of Employee

5.1Transportation:Employer will provide for employee an economy class ticket for passage to Korea from an airport which is mutually agreed to
by employer and employee (henceforth referred to as point of departure). On completion of the full contract period, employer will provide for the employee an economy class ticket for passage from Korea to point of departure. The return air ticket will be provided at the time of termination of employment. In the
event that the employee continues employment under a subsequent employment agreement with employer, the return air fare will be provided at the time of completion of the subsequent contract period(s).

crapfest! if you are stupid enough to stay with these morons a second year you should at least get cash for the airfare (round trip) you didnt use!

5.2 Orientation and Training: Shortly after arrival in Korea, employee will be required to undertake orientation and training intended to provide employee with the requisite familiarity with institute operation and policies and to ensure that employee possesses adequate knowledge and skills related to duties of employment. Employee will receive payment of 30,000 Won per each day of training and orientation.

then orientation will not last more than 2 hours per day!~

5.3 Relocation Allowance: Employer will pay employee, within (10) days of arrival or within (4) days after employee begins teaching duties, 100,000 Won to help to defray the cost of settling in Korea.

woohoo a hundred clams b etter than nothing i suppose

5.4 Salary: Employer will pay employee as compensation for all services rendered a monthly salary of (1,800,000) Won for each month of the contract period with employer. "Month" and "Monthly" refer to a session (4weeks) of the ECC calendar. Salary will commence from the first day of teaching. 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. Monthly salary payments will be made on or before the eighth day of the month following the month during which the employment services were provided.

[Mr. BlackCat]

I'm pretty sure this is a YBM ECC contract. I can tell you they won't budge on anything. They won't guarantee your working hours because, for the most part, they don't know them yet. I got a horrible schedule when I first got there and was given kinder even though I was told I wouldn't have any.

They only consider you 'working' when you're in the classroom, so the guy with a 9-10 hour schedule who has 7-8 classes is considered doing the same amount of work as the guy with a 5 hour 7 hour schedule. Never mind the extra work and prep, cause afterall you're just sitting there, aren't you?

Run. Fast. There's lots better out there.

[Pyongshin Sangja]

Superfly, merci.