Korean Job Discussion Forums

[PolishZeus]

Hey,
XXXXX school is offering my girlfriend and myself a job and have sent us a SAMPLE contract.

I have read it over and realize would ask if those who are very savvy with this stuff could give it a once-over. I'm interested in loop-holes that people can forsee. For example, we'd only get 3 sick days and I'm actually taken back when reading B.b under Teacher obligations (discriminating against homosexuals). However, I read it and it looks pretty reasonable to me (though I feel like I'll be eating my words when I read replies....).

Here it is:

This EMPLOYMENT AGREEMENT has been made on this 9th June 2006 by XXXXX, a corporation organized and existing under the laws of the Republic of Korea, and located at XXXXX, (hereinafter referred to as the institute) and NAME ; a citizen of Canada whose passport number is 000000000(hereinafter referred to as Teacher). Both parties mutually agree to a one-year contract for a regular, full-time English teaching position under the following conditions.

General
1. The institute agrees to employ the above person as an English teacher of the institute during the period stipulated herein.
2. The teacher agrees to teach pre-kindergarten or kindergarten, elementary ESL program, etc.
3. The teacher agrees to accept any class assigned by the institute director.
4. Employment elsewhere shall not be permitted in accordance with the Korean law.

Teacher Benefits
A. Salary
a. Payment for 120 hours worked in a teaching term (1 teaching term = 1 session = 20 teaching days) is 2,100,000 won (17,500 won/hr.) will be paid in Korean currency. Teaching term will be determined by XXXXX calendar.
b. This salary will be paid per month for the previous month�s teaching term (determined by XXXXX) on the 5th day of the following month.
c. The first month and the last month�s salary will be based on the number of hours Teacher worked.
d. In the event when contract hours are not available in a given month, the institute will require Teacher to perform work related to professional development in order to bring the balance of hours worked up to the required 120.

B. Overtime Pay
a. All teaching hours in excess of 120 hours will be considered overtime. Overtime will be paid at the rate of 20,400 won per hour.

C. Tax & National Pension
a. Income tax on the monthly salary runs at about 4.4%.
b. The National Pension is paid half and half by XXXXX and the employee. The National Pension of 4.5% of monthly salary will be withheld each month. The total amount withheld will be returned upon completion of the contract period. The Korean National Pension office will make direct deposit into your home bank account upon your return.
c. South Korean income taxes and National Pension will be withheld automatically from your monthly salary. XXXXX complies with any adjustments made with Korean Income Tax Law and the National Pension Law.



D. Medical Insurance
a. 30 to 45 days in Korea, the institute agrees to provide the teacher with the medical insurance. This delay is caused by the processing time involved in obtaining Korean medical insurance. The teacher will be responsible for the cost of his or her own medical treatment until insurance is issued.
b. The institute will cover half of the employee�s medical insurance fee. XXXXX complies with any adjustments made with Korean Medical Insurance policy.

E. Severance Pay
a. The teacher will receive a severance payment equivalent to one month�s salary (2,100,000 won) upon successful completion of this contract.

F. Substitution
a. All teachers are required to substitute for other teachers who may be sick or absent.
b. Regardless of the regular classes, the teacher will be paid at the ratio of 20,400 won/hr. If the substitution was not notified at least 12 hours before. Like wise, the institute may deduct at the ratio of 20,400 won/hr. without previous notice (12 hours before) when Teacher is absent from work for other reasons except for illness or inevitable reasons which the directors can agree or Teacher used all the three paid sick days. With the 12 hours previous notice, the institute will deduct at the ratio of 17,500 won/hr.

G. Sick Days
a. Teachers will have 3 paid sick days during the contract period.
b. The teacher must present a doctor�s invoice to his or her director on the day he/she returns to work. Without doctor�s invoice, it is not counted as sick days. So the payment will be deducted as clause F above.
c. Unused sick days will be paid out at the end of the contract with 100,000 won per day.

H. Housing
a. The institute will provide single housing.
b. Selection and length of occupancy of the apartment will be determined by the institute. In case your apartment rental agreement is terminated while in your occupancy, you will be provided with different housing.
c. Furnishings will include a bed, a closet, a washing machine, TV, phone, A/C, gas range, refrigerator, microwave and kitchenware.
d. The teacher will be responsible for all living costs to include utilities and any extra furnishings.
e. While the teachers reside the accommodation, he/she has the responsibility to repair any damage caused by the teachers.
f. In case an occupant is rejected from the building owner due to the occupant�s negligence and has to move to another place, all moving expenses will be covered by the occupant.

I. Airfare
a. The one year contract comes with paid two oneway airfare(Or a paid round trip airfare).
b. The institute is to provide the teacher with an economy class ticket from the nearest international airport to Korea. The institute will provide return ticket to the point of original departure when and if the contract has been completed.
c. If a round trip ticket has been purchased, the one-way ticket back to the point of original departure will be kept by the institution until the one year contract has been completed.
d. But if the Teacher is fired or is willing to leave before completing the contract, the institute will not pay for a return ticket.
e. If the teacher leaves the school before the end of the contract, the teacher must reimburse the cost of airfare to Korea. The price of the ticket paid by the institute may be deducted from the teacher�s last payment.
f. If needed, the institute will buy one-way ticket from the point of departure to Incheon, Korea, and then will buy one-way back to the original departure point.

J. Holidays / Vacations
a. The teacher will be given vacation according to the Korean National holidays and XXXX Schedule.
b. The institute will give Teacher a one�week vacation (Saturday through the following Sunday) during the summer and a one�week vacation during the winter from Dec 25th to Jan 1st. These vacation times will be determined by the institute.
c. After the summer and winter vacation, Teacher is responsible to be at the institute on time for the class. If the teacher does not arrive on time, the hour-pay will be deducted in double for the missed classes.

Teacher Obligations
A. Supervision
a. The teacher will work closely with the directors and other colleagues in the planning, observation and review of instruction. The institute will observe Teacher�s class informally for help at any time, and formally according to a schedule for the evaluation of Teacher.

B. Behavior
a. The teacher should respect the rules and standards of conduct of the institute (written, verbal and tacit) and obey the laws, regulations, instructions, and ordinances of the national and local governments.
b. The teacher is required to be punctual, reliable and most of all professional in representing the institute. It is also important that all teachers exemplify the dignity required of a teacher in the Korean culture. For this reason, we will not hire applicants who correspond to any of the examples below.
1) Drug or other narcotic users
2) Homosexuals / lesbians
If the employee is found to be involved in any of the above, contract will be immediately terminated.
c. The teacher is responsible for teaching quality as well as preparation. The teacher will accept, obey, and strictly comply with the instructions, supervision, disciplines of directors and shall carry out such assignments directed by directors.

C. The Employees Duties
a. Staff meetings will be scheduled at the discretion of the directors. Attendance is required. Staff meetings will allow time for discussion of topics of current concern within the program such as new policies, procedures, methods of training, instruction, curriculum and other matters as needed. Staff is encouraged to help work out practical solutions to problems at these meetings.
b. The teachers who are under contract and have the E2 visa are not allowed by law to obtain other jobs out side of the institute. If there�s any evidence of other jobs being held, it will be a breach of contract and will be immediately terminated.

The teachers� responsibilities include the following:
- Teach assigned classes
- Follow advices and directions of the Principal and the directors.
- Develop supplemental materials as necessary.
- Teachers must be prepared prior to class time.
- Assigned classes may be and can be changed with a proper reason and notice.
- Attendance at teachers meetings, workshops and parents meeting is obligatory.
- Attend workshops as scheduled in the annual calendar.
- Teaching related paper works such as making tests, daily reports, monthly reports, student evaluations, lesson preparation time, and staff meeting are not paid separately.
- There can be special classes or events on Saturdays according to the XXXXXcalendar. These classes are maximum 3 days if it happens. These will be calculated towards the guaranteed hour.
- The teacher should make phone calls to his/her own kindergarten class students (maximum 12 students) once a month to practice what they have done in class. The institute will pay 5 minutes per student for all successful contact made with student.
- During the period of the contract, the institute could take pictures or video tape teachers teaching classes or doing any related jobs. These pictures or video tapings would be used for the school�s guides, web site, brochures or pamphlets.

D. Work Schedule
a. Once again, classes are Monday through Friday. The regular classes will be from 9:30 � 7:00. The teacher will conduct classes between these times. The classes are 40 minutes long on Kindergarten classes and 1 hour long on Elementary classes.
b. Teachers will be at present for morning meeting from 9:20.
c. All teachers are required to be present at the institute 10 minutes prior to all his or her classes.
d. No regular schedule can be guaranteed to the teacher within the set hours of 9:30 - 7:00.
e. Lunch hour runs from 12:20 to 1:00 pm. Teachers are not paid for this time.
f. Teachers can join in on the institute�s lunch program. Monthly lunch is 80,000 won per month. If the teacher chooses to follow the program, the institute provides 30,000 won and the teacher provides 50,000 won. The teacher has the option to choose to participate each month. The lunch fee will not be refunded regardless of number of times participated. The lunch will be Korean food.

Binding Agreement
A. Termination
1. If as a result of willful and wanton negligence, gross negligence or intoxication, the teacher damages facilities, materials or other property belongings to Employer, causes damages to the institute and/or the image of the institute, the teacher shall assume pecuniary liability in accordance with Korean Law. Furthermore, if the teacher violates any of the covenants of this agreement, the institute has the right to terminate this agreement at the time of violation without further compensation or responsibility for the teacher.
2. The institute reserves the right to terminate this agreement with written notification thirty days in advance of the expected termination date, and for serious cause without notice. The teacher agrees to give written notification fifty days in advance of intention to terminate this agreement or of interest in renewing it (See #6).
3. If the teacher terminates this contract early, he/she will be responsible to pay the institute back for costs incurred by the institute to bring the teacher to Korea. The teacher will pay back the cost of the airfare as well as the cost of the fee the institute paid to the agency, if he/she terminates this contract within the first 6 months. If the contract is terminated during the final 6 months, the teacher is not responsible to pay any penalty fees concerning the airfare. The teacher must however, pay back the agency fee (1,200,000 won) on a pro-rated basis at the time the contract is terminated.
4. If the contract has not been completed for any reason the ticket will not be provided.
5. If the institute cancels this contract without cause, the teacher will not be responsible to pay any money back and will be given his/her return ticket back home. The teacher is also guaranteed a letter of release to find employment elsewhere.
6. Termination of employment with the institute is immediate and without notice for serious cause such as
a. Neglect of the duties stipulated in this agreement.
b. Unexcused absences and chronic lateness
c. Abusive behavior towards the children or staff
d. Two written warning letters have already been used
e. Conducting class while smoking or under the influence of alcohol or illegal drugs
f. Sexual Misconduct
g. Poor teaching skills that can not be relied upon to take classes
h. The teachers engages in criminal conduct or in misconduct
i. Tutoring or making money outside the institute.

B. Contract Period
The period of this contract will be 1 year, from 15th November 2006 to 13th November 2007
for a period of 365 days. I have read and agreed to the terms and conditions of employment as an English teacher at the institute. In signing this mutual agreement, I understand fully my responsibilities at the institute and accept the position on the basis of the job description in this contract.


Teacher�s signature: _______________________ Date: _________ 2006

Employer�s signature: _____________________ Date: _________ 2006

[denverdeath]

Sorry, I'm heading to bed and don't have a lot to respond to and didn't get a chance to read through everything, but...

1. Seems like the tax is a little high. On 2.1, your monthly withholding tax(including resident's tax) should be about 37,000won. At 4.4% they'll be holding 92,400. I hope you get a fat refund next year.

2. You should ask more questions about the health insurance. Is it the national health insurance plan? If so, 2.24% of salary should be mentioned, along with employer meeting the same, in the contract.

3. Airfare. Most contracts say that you have to reimburse if you leave before the six-month mark. This one states anytime before completion of contract. (Oh, they fixed that in the "Binding Agreement" section.)

4. Double-hourly penalty clauses.

5. Teacher Obligations. B. Behaviour. Drugs and narcotic users. Narcotics are drugs. Alcohol is also a drug. Homosexuals and lesbians. Be careful, especially if you are one yourself!

6. Holding another job is NOT illegal for an E-2 visa holder as long as immigration and the E-2 visa sponsor(Alphabet) allow the extra work.

7. Long days, especially with no guaranteed(or somewhat guaranteed) schedule.

8. You probably will want to skip the lunch option.

9. Paying back the recruiter fee on a pro-rata basis after the six-month mark?

10. Look for clarification on the class hours. I wouldn't doubt it if they count each of the 120 hours as sixty minutes, which may mean that you are saddled with lots of those kindie classes.

11. You may also want to get some more details on what they mean by "will require teacher to perform work-related to professional development" if they don't have enough students to give you the 120 hours.

[alabamaman]

This EMPLOYMENT AGREEMENT has been made on this 9th June 2006 by XXXXX, a corporation organized and existing under the laws of the Republic of Korea, and located at XXXXX, (hereinafter referred to as the institute) and NAME ; a citizen of Canada whose passport number is 000000000(hereinafter referred to as Teacher). Both parties mutually agree to a one-year contract for a regular, full-time English teaching position under the following conditions.

Address of both parties is missing!

General
1. The institute agrees to employ the above person as an English teacher of the institute during the period stipulated herein.
2. The teacher agrees to teach pre-kindergarten or kindergarten, elementary ESL program, etc.
3. The teacher agrees to accept any class assigned by the institute director.
4. Employment elsewhere shall not be permitted in accordance with the Korean law.

You can teach outside the place of employment if you have been given the green light by Immigration Officials. Employer may need to give consent also.

Teacher Benefits

A. Salary
a. Payment for 120 hours worked in a teaching term (1 teaching term = 1 session = 20 teaching days) is 2,100,000 won (17,500 won/hr.) will be paid in Korean currency. Teaching term will be determined by XXXXX calendar.

You should get a tad over 20,000 Korean Won per hour.


b. This salary will be paid per month for the previous month�s teaching term (determined by XXXXX) on the 5th day of the following month.
c. The first month and the last month�s salary will be based on the number of hours Teacher worked.
d. In the event when contract hours are not available in a given month, the institute will require Teacher to perform work related to professional development in order to bring the balance of hours worked up to the required 120.

If your employer cannot supply you with enough hours to be worked, then that's on him!

B. Overtime Pay
a. All teaching hours in excess of 120 hours will be considered overtime. Overtime will be paid at the rate of 20,400 won per hour.



C. Tax & National Pension

a. Income tax on the monthly salary runs at about 4.4%.

Income tax on your monthly salary is far from 4.4%. Point out nicely where you got your figures from. If they don't budge, tell them, "Thanks for your time" Refer to National Tax Service Website, click Check my taxes, and then plug in the numbers!


b. The National Pension is paid half and half by XXXXX and the employee. The National Pension of 4.5% of monthly salary will be withheld each month. The total amount withheld will be returned upon completion of the contract period. The Korean National Pension office will make direct deposit into your home bank account upon your return.


I think it's always good to get all the specifis in the contracts which includes how much shall be deducted in Korean Won.

c. South Korean income taxes and National Pension will be withheld automatically from your monthly salary. XXXXX complies with any adjustments made with Korean Income Tax Law and the National Pension Law.



D. Medical Insurance
a. 30 to 45 days in Korea, the institute agrees to provide the teacher with the medical insurance. This delay is caused by the processing time involved in obtaining Korean medical insurance. The teacher will be responsible for the cost of his or her own medical treatment until insurance is issued.



b. The institute will cover half of the employee�s medical insurance fee. XXXXX complies with any adjustments made with Korean Medical Insurance policy.

Your employer prepays a lump sum every three months, and that figure should be in this clause. (2.24% x monthly salary x 3). Clause should also specify how much the employer will deduct from your monthly salary throughout the contract period. These are figures that I'm familiar with the Korean National Healthcare Insurance Plan!

E. Severance Pay
a. The teacher will receive a severance payment equivalent to one month�s salary (2,100,000 won) upon successful completion of this contract.

F. Substitution
a. All teachers are required to substitute for other teachers who may be sick or absent.



b. Regardless of the regular classes, the teacher will be paid at the ratio of 20,400 won/hr. If the substitution was not notified at least 12 hours before. Like wise, the institute may deduct at the ratio of 20,400 won/hr. without previous notice (12 hours before) when Teacher is absent from work for other reasons except for illness or inevitable reasons which the directors can agree or Teacher used all the three paid sick days. With the 12 hours previous notice, the institute will deduct at the ratio of

Remove deductions as they are unecessary penalty clauses!



G. Sick Days
a. Teachers will have 3 paid sick days during the contract period.
b. The teacher must present a doctor�s invoice to his or her director on the day he/she returns to work. Without doctor�s invoice, it is not counted as sick days. So the payment will be deducted as clause F above.
c. Unused sick days will be paid out at the end of the contract with 100,000 won per day.

H. Housing
a. The institute will provide single housing that is
b. Selection and length of occupancy of the apartment will be determined by the institute. In case your apartment rental agreement is terminated while in your occupancy, you will be provided with different housing.


c. Furnishings will include a bed, a closet, a washing machine, TV, phone, A/C, gas range, refrigerator, microwave and kitchenware.


Make sure there is Air Con and you shall be fine.

d. The teacher will be responsible for all living costs to include utilities and any extra furnishings.
e. While the teachers reside the accommodation, he/she has the responsibility to repair any damage caused by the teachers.
f. In case an occupant is rejected from the building owner due to the occupant�s negligence and has to move to another place, all moving expenses will be covered by the occupant.

I. Airfare
a. The one year contract comes with paid two oneway airfare(Or a paid round trip airfare).
b. The institute is to provide the teacher with an economy class ticket from the nearest international airport to Korea. The institute will provide return ticket to the point of original departure when and if the contract has been completed.
c. If a round trip ticket has been purchased, the one-way ticket back to the point of original departure will be kept by the institution until the one year contract has been completed.
d. But if the Teacher is fired or is willing to leave before completing the contract, the institute will not pay for a return ticket.
e. If the teacher leaves the school before the end of the contract, the teacher must reimburse the cost of airfare to Korea. The price of the ticket paid by the institute may be deducted from the teacher�s last payment.

airfare reimbursements should be waived off after six months!

f. If needed, the institute will buy one-way ticket from the point of departure to Incheon, Korea, and then will buy one-way back to the original departure point.

How much will the one way ticket cost?

J. Holidays / Vacations
a. The teacher will be given vacation according to the Korean National holidays and XXXXXschedule.

b. The institute will give Teacher a one�week vacation (Saturday through the following Sunday) during the summer and a one�week vacation during the winter from Dec 25th to Jan 1st. These vacation times will be determined by the institute.

c. After the summer and winter vacation, Teacher is responsible to be at the institute on time for the class. If the teacher does not arrive on time, the hour-pay will be deducted in double for the missed classes.

Teacher Obligations
A. Supervision
a. The teacher will work closely with the directors and other colleagues in the planning, observation and review of instruction. The institute will observe Teacher�s class informally for help at any time, and formally according to a schedule for the evaluation of Teacher.

B. Behavior
a. The teacher should respect the rules and standards of conduct of the institute (written, verbal and tacit) and obey the laws, regulations, instructions, and ordinances of the national and local governments.
b. The teacher is required to be punctual, reliable and most of all professional in representing the institute. It is also important that all teachers exemplify the dignity required of a teacher in the Korean culture. For this reason, we will not hire applicants who correspond to any of the examples below.
1) Drug or other narcotic users
2) Homosexuals / lesbians



If the employee is found to be involved in any of the above, contract will be immediately terminated.


c. The teacher is responsible for teaching quality as well as preparation. The teacher will accept, obey, and strictly comply with the instructions, supervision, disciplines of directors and shall carry out such assignments directed by directors.


C. The Employees Duties
a. Staff meetings will be scheduled at the discretion of the directors. Attendance is required. Staff meetings will allow time for discussion of topics of current concern within the program such as new policies, procedures, methods of training, instruction, curriculum and other matters as needed. Staff is encouraged to help work out practical solutions to problems at these meetings.


b. The teachers who are under contract and have the E2 visa are not allowed by law to obtain other jobs out side of the institute. If there�s any evidence of other jobs being held, it will be a breach of contract and will be immediately terminated.

If you have immigration consent you can teach outside the place of employment

The teachers� responsibilities include the following:
- Teach assigned classes
- Follow advices and directions of the Principal and the directors.
- Develop supplemental materials as necessary.
- Teachers must be prepared prior to class time.
- Assigned classes may be and can be changed with a proper reason and notice.
- Attendance at teachers meetings, workshops and parents meeting is obligatory.

Teacher meetings are nothing to get to worked up over

- Attend workshops as scheduled in the annual calendar.

One per month

- Teaching related paper works such as making tests, daily reports, monthly reports, student evaluations, lesson preparation time, and staff meeting are not paid separately.

- There can be special classes or events on Saturdays according to the Alphabet Street calendar. These classes are maximum 3 days if it happens. These will be calculated towards the guaranteed hour.

Overtime for anywork on Saturday

- The teacher should make phone calls to his/her own kindergarten class students (maximum 12 students) once a month to practice what they have done in class. The institute will pay 5 minutes per student for all successful contact made with student.

No phone calls

- During the period of the contract, the institute could take pictures or video tape teachers teaching classes or doing any related jobs. These pictures or video tapings would be used for the school�s guides, web site, brochures or pamphlets.



D. Work Schedule
a. Once again, classes are Monday through Friday. The regular classes will be from 9:30 � 7:00. The teacher will conduct classes between these times. The classes are 40 minutes long on Kindergarten classes and 1 hour long on Elementary classes.
b. Teachers will be at present for morning meeting from 9:20.
c. All teachers are required to be present at the institute 10 minutes prior to all his or her classes.
d. No regular schedule can be guaranteed to the teacher within the set hours of 9:30 - 7:00.
e. Lunch hour runs from 12:20 to 1:00 pm. Teachers are not paid for this time.
f. Teachers can join in on the institute�s lunch program. Monthly lunch is 80,000 won per month. If the teacher chooses to follow the program, the institute provides 30,000 won and the teacher provides 50,000 won. The teacher has the option to choose to participate each month. The lunch fee will not be refunded regardless of number of times participated. The lunch will be Korean food.

Binding Agreement
A. Termination
1. If as a result of willful and wanton negligence, gross negligence or intoxication, the teacher damages facilities, materials or other property belongings to Employer, causes damages to the institute and/or the image of the institute, the teacher shall assume pecuniary liability in accordance with Korean Law.

Furthermore, if the teacher violates any of the covenants of this agreement, the institute has the right to terminate this agreement at the time of violation without further compensation or responsibility for the teacher.

They are walking somewhat of a fine line here. You should be given an Advance Notice of Dismissal. Study up on that in the Korean Labor Standards Act!

2. The institute reserves the right to terminate this agreement with written notification thirty days in advance of the expected termination date, and for serious cause without notice. The teacher agrees to give written notification fifty days in advance of intention to terminate this agreement or of interest in renewing it (See #6).

Thirty days of notification is plenty!

3. If the teacher terminates this contract early, he/she will be responsible to pay the institute back for costs incurred by the institute to bring the teacher to Korea.



The teacher will pay back the cost of the airfare as well as the cost of the fee the institute paid to the agency, if he/she terminates this contract within the first 6 months. If the contract is terminated during the final 6 months, the teacher is not responsible to pay any penalty fees concerning the airfare. The teacher must however, pay back the agency fee (1,200,000 won) on a pro-rated basis at the time the contract is terminated.

All other costs should be waived after you've completed six months of employment in South Korea!

4. If the contract has not been completed for any reason the ticket will not be provided.
5. If the institute cancels this contract without cause, the teacher will not be responsible to pay any money back and will be given his/her return ticket back home. The teacher is also guaranteed a letter of release to find employment elsewhere.

If the institute cancels the contract without cause, that's an illegal dismissal!

6. Termination of employment with the institute is immediate and without notice for serious cause such as
a. Neglect of the duties stipulated in this agreement.
b. Unexcused absences and chronic lateness
c. Abusive behavior towards the children or staff
d. Two written warning letters have already been used
e. Conducting class while smoking or under the influence of alcohol or illegal drugs
f. Sexual Misconduct
g. Poor teaching skills that can not be relied upon to take classes
h. The teachers engages in criminal conduct or in misconduct
i. Tutoring or making money outside the institute.



B. Contract Period
The period of this contract will be 1 year, from 15th November 2006 to 13th November 2007
for a period of 365 days.

It seems short two days. Hmm!

I have read and agreed to the terms and conditions of employment as an English teacher at the institute. In signing this mutual agreement, I understand fully my responsibilities at the institute and accept the position on the basis of the job description in this contract.

It's not a mutal agreement. It's a labor contract!

Teacher�s signature: _______________________ Date: _________ 2006

Employer�s signature: _____________________ Date: _________ 2006

[Grotto]

This EMPLOYMENT AGREEMENT has been made on this 9th June 2006 by XXXXX, a corporation organized and existing under the laws of the Republic of Korea, and located at XXXXX, (hereinafter referred to as the institute) and NAME ; a citizen of Canada whose passport number is 000000000(hereinafter referred to as Teacher). Both parties mutually agree to a one-year contract for a regular, full-time English teaching position under the following conditions.

General
1. The institute agrees to employ the above person as an English teacher of the institute during the period stipulated herein.
2. The teacher agrees to teach pre-kindergarten or kindergarten, elementary ESL program, etc.

kindee.....

3. The teacher agrees to accept any class assigned by the institute director.

interesting clause...forced overtime?

4. Employment elsewhere shall not be permitted in accordance with the Korean law.

Teacher Benefits
A. Salary
a. Payment for 120 hours worked in a teaching term (1 teaching term = 1 session = 20 teaching days) is 2,100,000 won (17,500 won/hr.) will be paid in Korean currency. Teaching term will be determined by XXXXX calendar.

Whats a teaching hour? How many classes? Schedule?(by the way 2.1/20 days is 105,000 a day so 6 classes a day...with kindee )

b. This salary will be paid per month for the previous month�s teaching term (determined by XXXXX) on the 5th day of the following month.
c. The first month and the last month�s salary will be based on the number of hours Teacher worked.

Looks like they could scam you out of some money with this...maybe not but salary is salary!

d. In the event when contract hours are not available in a given month, the institute will require Teacher to perform work related to professional development in order to bring the balance of hours worked up to the required 120.

Gotta find out what they consider an hour!

B. Overtime Pay
a. All teaching hours in excess of 120 hours will be considered overtime. Overtime will be paid at the rate of 20,400 won per hour.

25,000

C. Tax & National Pension
a. Income tax on the monthly salary runs at about 4.4%.


b. The National Pension is paid half and half by XXXXX and the employee. The National Pension of 4.5% of monthly salary will be withheld each month. The total amount withheld will be returned upon completion of the contract period. The Korean National Pension office will make direct deposit into your home bank account upon your return.
c. South Korean income taxes and National Pension will be withheld automatically from your monthly salary. XXXXX complies with any adjustments made with Korean Income Tax Law and the National Pension Law.



D. Medical Insurance
a. 30 to 45 days in Korea, the institute agrees to provide the teacher with the medical insurance. This delay is caused by the processing time involved in obtaining Korean medical insurance. The teacher will be responsible for the cost of his or her own medical treatment until insurance is issued.
b. The institute will cover half of the employee�s medical insurance fee. XXXXX complies with any adjustments made with Korean Medical Insurance policy.

E. Severance Pay
a. The teacher will receive a severance payment equivalent to one month�s salary (2,100,000 won) upon successful completion of this contract.

F. Substitution
a. All teachers are required to substitute for other teachers who may be sick or absent.



b. Regardless of the regular classes, the teacher will be paid at the ratio of 20,400 won/hr. If the substitution was not notified at least 12 hours before. Like wise, the institute may deduct at the ratio of 20,400 won/hr. without previous notice (12 hours before) when Teacher is absent from work for other reasons except for illness or inevitable reasons which the directors can agree or Teacher used all the three paid sick days. With the 12 hours previous notice, the institute will deduct at the ratio of 17,500 won/hr.

unecessary penalty clause!

G. Sick Days
a. Teachers will have 3 paid sick days during the contract period.
b. The teacher must present a doctor�s invoice to his or her director on the day he/she returns to work. Without doctor�s invoice, it is not counted as sick days. So the payment will be deducted as clause F above.

you shouldnt need a doctors note unless you miss 2 or more consecutinve days

c. Unused sick days will be paid out at the end of the contract with 100,000 won per day.

H. Housing
a. The institute will provide single housing.
b. Selection and length of occupancy of the apartment will be determined by the institute. In case your apartment rental agreement is terminated while in your occupancy, you will be provided with different housing.
c. Furnishings will include a bed, a closet, a washing machine, TV, phone, A/C, gas range, refrigerator, microwave and kitchenware.
d. The teacher will be responsible for all living costs to include utilities and any extra furnishings.
e. While the teachers reside the accommodation, he/she has the responsibility to repair any damage caused by the teachers.

change teachers to teacher

f. In case an occupant is rejected from the building owner due to the occupant�s negligence and has to move to another place, all moving expenses will be covered by the occupant.


I. Airfare
a. The one year contract comes with paid two oneway airfare(Or a paid round trip airfare).
b. The institute is to provide the teacher with an economy class ticket from the nearest international airport to Korea. The institute will provide return ticket to the point of original departure when and if the contract has been completed.
c. If a round trip ticket has been purchased, the one-way ticket back to the point of original departure will be kept by the institution until the one year contract has been completed.
d. But if the Teacher is fired or is willing to leave before completing the contract, the institute will not pay for a return ticket.
e. If the teacher leaves the school before the end of the contract, the teacher must reimburse the cost of airfare to Korea. The price of the ticket paid by the institute may be deducted from the teacher�s last payment.
f. If needed, the institute will buy one-way ticket from the point of departure to Incheon, Korea, and then will buy one-way back to the original departure point.

J. Holidays / Vacations
a. The teacher will be given vacation according to the Korean National holidays and XXXXX schedule.
b. The institute will give Teacher a one�week vacation (Saturday through the following Sunday) during the summer and a one�week vacation during the winter from Dec 25th to Jan 1st. These vacation times will be determined by the institute.
c. After the summer and winter vacation, Teacher is responsible to be at the institute on time for the class. If the teacher does not arrive on time, the hour-pay will be deducted in double for the missed classes.

another unecessary penalty clause

Teacher Obligations
A. Supervision
a. The teacher will work closely with the directors and other colleagues in the planning, observation and review of instruction. The institute will observe Teacher�s class informally for help at any time, and formally according to a schedule for the evaluation of Teacher.

B. Behavior
a. The teacher should respect the rules and standards of conduct of the institute (written, verbal and tacit) and obey the laws, regulations, instructions, and ordinances of the national and local governments.
b. The teacher is required to be punctual, reliable and most of all professional in representing the institute. It is also important that all teachers exemplify the dignity required of a teacher in the Korean culture. For this reason, we will not hire applicants who correspond to any of the examples below.
1) Drug or other narcotic users
2) Homosexuals / lesbians
If the employee is found to be involved in any of the above, contract will be immediately terminated.



c. The teacher is responsible for teaching quality as well as preparation. The teacher will accept, obey, and strictly comply with the instructions, supervision, disciplines of directors and shall carry out such assignments directed by directors.

so if they decide you need to do more prep they can make you do more

C. The Employees Duties
a. Staff meetings will be scheduled at the discretion of the directors. Attendance is required. Staff meetings will allow time for discussion of topics of current concern within the program such as new policies, procedures, methods of training, instruction, curriculum and other matters as needed. Staff is encouraged to help work out practical solutions to problems at these meetings.


b. The teachers who are under contract and have the E2 visa are not allowed by law to obtain other jobs out side of the institute. If there�s any evidence of other jobs being held, it will be a breach of contract and will be immediately terminated.

not true with immi's permission you can work at more than one job site


The teachers� responsibilities include the following:
- Teaching assigned classes
- Follow advices and directions of the Principal and the directors.
- Develop supplemental materials as necessary.
- Teachers must be prepared prior to class time.

how much time is required?-

Assigned classes may be and can be changed with a proper reason and notice.

whats considered proper notice?

- Attendance at teachers meetings, workshops and parents meeting is obligatory.

Am I the only one who's noticed that they havent mentioned a schedule...mon-fri? I foresee being working on Saturdays

- Attend workshops as scheduled in the annual calendar.

When? How many?

- Teaching related paper works such as making tests, daily reports, monthly reports, student evaluations, lesson preparation time, and staff meeting are not paid separately.

daily reports lots of extras being expected

- There can be special classes or events on Saturdays according to the XXXXX calendar. These classes are maximum 3 days if it happens. These will be calculated towards the guaranteed hour.


- The teacher should make phone calls to his/her own kindergarten class students (maximum 12 students) once a month to practice what they have done in class. The institute will pay 5 minutes per student for all successful contact made with student.

you will probably spend 2 hours dialing, trying to get through to the students all for 17$....just say no to phone teaching

- During the period of the contract, the institute could take pictures or video tape teachers teaching classes or doing any related jobs. These pictures or video tapings would be used for the school�s guides, web site, brochures or pamphlets.


D. Work Schedule
a. Once again, classes are Monday through Friday. The regular classes will be from 9:30 � 7:00. The teacher will conduct classes between these times. The classes are 40 minutes long on Kindergarten classes and 1 hour long on Elementary classes.

Math time people....9.5 hours a day....5 days a week=47.5 hours a week x4 weeks = 190 hours a month....a wee bit over their supposed 120 hours! Do you get paid 70 hours of OT a month? Just how many classes a day are you going to be teaching?

b. Teachers will be at present for morning meeting from 9:20.
c. All teachers are required to be present at the institute 10 minutes prior to all his or her classes.
d. No regular schedule can be guaranteed to the teacher within the set hours of 9:30 - 7:00.
e. Lunch hour runs from 12:20 to 1:00 pm. Teachers are not paid for this time.
f. Teachers can join in on the institute�s lunch program. Monthly lunch is 80,000 won per month. If the teacher chooses to follow the program, the institute provides 30,000 won and the teacher provides 50,000 won. The teacher has the option to choose to participate each month. The lunch fee will not be refunded regardless of number of times participated. The lunch will be Korean food.

Binding Agreement
A. Termination
1. If as a result of willful and wanton negligence, gross negligence or intoxication, the teacher damages facilities, materials or other property belongings to Employer, causes damages to the institute and/or the image of the institute, the teacher shall assume pecuniary liability in accordance with Korean Law. Furthermore, if the teacher violates any of the covenants of this agreement, the institute has the right to terminate this agreement at the time of violation without further compensation or responsibility for the teacher.
2. The institute reserves the right to terminate this agreement with written notification thirty days in advance of the expected termination date, and for serious cause without notice. The teacher agrees to give written notification fifty days in advance of intention to terminate this agreement or of interest in renewing it (See #6).
3. If the teacher terminates this contract early, he/she will be responsible to pay the institute back for costs incurred by the institute to bring the teacher to Korea. The teacher will pay back the cost of the airfare as well as the cost of the fee the institute paid to the agency, if he/she terminates this contract within the first 6 months. If the contract is terminated during the final 6 months, the teacher is not responsible to pay any penalty fees concerning the airfare. The teacher must however, pay back the agency fee (1,200,000 won) on a pro-rated basis at the time the contract is terminated.

under no circumstances should a teacher be held liable for the recruiters fee! That is strictly between the recruiter and the school!

4. If the contract has not been completed for any reason the ticket will not be provided.
5. If the institute cancels this contract without cause, the teacher will not be responsible to pay any money back and will be given his/her return ticket back home. The teacher is also guaranteed a letter of release to find employment elsewhere.
6. Termination of employment with the institute is immediate and without notice for serious cause such as
a. Neglect of the duties stipulated in this agreement.
b. Unexcused absences and chronic lateness
c. Abusive behavior towards the children or staff
d. Two written warning letters have already been used
e. Conducting class while smoking or under the influence of alcohol or illegal drugs
f. Sexual Misconduct
g. Poor teaching skills that can not be relied upon to take classes
h. The teachers engages in criminal conduct or in misconduct
i. Tutoring or making money outside the institute.

B. Contract Period
The period of this contract will be 1 year, from 15th November 2006 to 13th November 2007
for a period of 365 days. I have read and agreed to the terms and conditions of employment as an English teacher at the institute. In signing this mutual agreement, I understand fully my responsibilities at the institute and accept the position on the basis of the job description in this contract.


Teacher�s signature: _______________________ Date: _________ 2006

Employer�s signature: _____________________ Date: _________ 2006

[Cheonmunka]

The contract is too demanding. There's little flexibility offered. By that it seems there will be little room for negotiation. I don't like such contracts.
I'm impressed that they put in a clause abou the video etc. My family and I was offered several million to appear in their advertising.
Any company that doesn't get your permission to appear in their videos can be taken to court. They must have you sign an authority. Here they have covered their asses just in case they make av material all within that small tiny clause.
So just by that and the penalities it seems thay are trying to sew up the contract that seemingly benefits them quite nicely.
And, some of those are illegal clauses and wouldn't stand up if any teacher decided to take them to court.

[TheUrbanMyth]

I'd just like to say that I agree with the posters above who say this is a bad contract and I'd like to point out something else. The housing can be changed. So on arrival they give you a nice apartment for one month and then say "sorry the rental period has expired" and stick you in a rat-infested hole for the remaining 11 months, thus saving themselves a bundle.

You can do better, much better.

[alabamaman]

Send them the corrections from this post!

[Novernae]

[PolishZeus]

Thank you for taking the time to review the contract.

As that is a sample, I am asking to see the real one after our phone interview a few days back. They told us the specific daily schedule then.


I am also asking to talk to one of their previous and current employees before agreeing to anything (let alone the things I would like to negotiate....such as illegal penalty clauses!)

Thanks again