Korean Job Discussion Forums

[alabamaman]

Contract for MantisBot

Joined: 28 Nov 2005
Location: New York, NY (USA)
Posted: Fri Jul 28, 2006 10:25 pm Post subject: Got myself another offer...

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and I was wondering if you all could take a look at it. This one is ALOT better than my last one but there are a few things missing in this I think. I've put in my own comments to be commented on by future commenters.

ph34r the many variations of the word "comment."

So yeah, have at you contract of seeming nicety! En Garde!

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(School name)
FIRST YEAR CONTRACT

This is a "Labor Contract"

This EMPLOYMENT AGREEMENT has been made this July 28th, 2006 between
(School name), being established under the laws of South Korea at, (School address) (hereinafter referred to as the "Employer") and (Me), a citizen of USA whose passport/ID number is __________ (hereinafter referred to as the "Teacher") under the terms and conditions set forth below.

Your address should be up there also

Both parties agree on the following terms and conditions:


CLAUSE 1 (APPOINTMENT)

Ask for contractual language stating the following, "The employer is aware that Korean Immigration Officials issue penalties to Foreign Languge Teachers who work without an E2 Visa. Such penalties include fines, interrogation, and deportation. The employee will work, and/or participate in any other work related activites when Korean Immigration Officials have issued the employee an E2 Visa."

a. The employer agrees to employ the teacher during the period stipulated herein.

b. The teacher agrees to accept the employment and will work in his/her full capacity for the school.

CLAUSE 2 (PERIOD OF EMPLOYMENT)

The total Agreement term is approximately one year from September, 2006 to September, 2007, commencing from the first teaching day and ending on the last teaching day of the teacher's twelfth full teaching session.

This should instead reference the start and end of my E2 visa, right?

Employment commences when your recieve your E2 Visa. From Issue date until your Expiry date. E2 Visa Issue Date and Expiry Date should be written in contract as the actual dates of employment. Do it the legal way.

CLAUSE 3 (THE EMPLOYER�S RESPONSIBILITIES)

a. The employer and teacher are equal individuals working together to provide quality English instruction under the terms stated in this contract.

b. The employer will honor the terms and conditions of employment for the teacher as stated within this contract.

c. The employer will guarantee the teacher a salary in consideration of the teacher�s teaching hours and proper preparation for the classes.


CLAUSE 4 (THE TEACHER�S RESPONSIBILITIES AND DUTIES)

a. During the terms of this Agreement, the teacher must cooperate and comply with the instructions and disciplines of the school. Assisting the Supervisor or Director he/she must carry out assignments as directed by the employer. The Supervisor or Director will be responsible for establishing and communicating the Standards of Performance as related to the duties stated in this contract.

b. The teacher must have adequately prepared for the classes in advance.

Is there a time you have to come in before each class? It is good to have prep time scheduled in, and it should be used for preperation purposes only.

c. At all times during the term of this contract, teachers must maintain a clean and neat appearance. While suits and ties are not mandatory, a professional appearance is desirable.

Ask if casual clothing is okay. If he says yes, get it written in the contract.

Should there be specifics about the dress code or is a verbal agreement fine?

d. The teacher�s work will include the following:
?. Teaching the English language (Target students� ages: 6 � Middle School)
?. Development of educational programs and materials
?. Curriculum design and implementation
?. Indoor and outdoor classroom activities for/with students
?. Level testing, Grading, evaluation, and assessment of students
?. Providing students with individualized care
?. Attending teacher�s meetings and workshops
?. Other related school activities

CLAUSE 5 (WORKING HOURS)

a. During the term of this Agreement, the teacher should work in cooperation with the Supervisor or Director from Monday through Friday.

b. Teachers will be required to attend some special events throughout the year (Workshops, graduation ceremony, etc.) which may fall on a Saturday.
Teachers will not receive additional compensation for these days.

c. The teacher agrees to teach 120 teaching hours a session and to adequately prepare for classes.

What are your teaching hours?
How long are your classes?
How do they define a teaching hour?
What are the operational hours of the school?


Ovetime pay for hours worked on Saturdays


CLAUSE 6 (SALARY AND OVERTIME RATE)

a. The employer agrees to pay the teacher salary of x,xxx,xxx won for 120 hours per session and preparation for classes.

b. The payment of the salary is to be made once a month.

What day will you get paid on? That's important says alabamaman

c. Each hour exceeding the 120 hours/session will be considered as overtime. The payment for the overtime will be xx,000 won per hour. Attendance at scheduled staff meetings and workshops, along with preparation for classes is mandatory and not considered as overtime.

How long will an overtime hour be? They should be the same as regular classes.

Overtime for workshops outside your scheduled hours!

d. Salary, overtime pay, and fringe benefit condition should be kept confidential.

Don't bring it up, unless your boss asks you about it. Answer questions only from your boss about your contract since he signed his name on the dotted line.

CLAUSE 7 (TAX)

Income tax and inhabitants� taxes will be withheld in accordance with the Korean tax law.

The exact amount deducted from your monthly salary should be stated.

It's not 5%

Medical Insurance
Pension Fund

CLAUSE 8 (VACATION and HOLIDAYS)

a. The teacher will be allowed to have all national holidays off. These are listed below.

Oct 3rd, Oct 5th, Oct 6th, Dec 25th, Jan 1st, Feb 19th, Mar 1st, May 24th, Jun 6th, Jul 17th, Aug 15th.

b. The teacher will also be allowed to have winter and summer vacation, according to the xxxxxxx school calendar. Each vacation will be 4 to 5 days (including the weekend).


CLAUSE 10 (ACCOMMODATIONS)

a. The teacher will be provided single accommodation, which will be located 3 minutes walk from Sanbon subway station.

The housing is actually right above the school. There are videos made by foreign teachers showing it. Kind of a dormitory setup. However, I should have a list of items that will furnish the room...

b. Selection of the apartment will be made by the employer. The monthly rent will be paid by the employer.

c. The cost of monthly service, utilities for the accommodations will be paid by the teacher.

d. For the first three months, the Employer will withhold a deposit of 200,000 won each month (600,000 Won in total), in order for the employer to pay off utility and telephone charges, received by the employer during the two months after the termination of the contract.

If you ask them to remove the deposits and they don't, the Korean Courts have ruled this a penalty clause from past rulings. Persoanlly, I would say no to a deposit.


e. Any balance due to the teacher after all bills have been paid will be transferred to the teacher�s bank account back home within two months after the termination of the contract.

Not quite sure I follow this... does this mean that if there are no damages/unpaid bills my deposit will be wired to my State-side account? Is this shifty?



CLAUSE 11 (YEAR-END BONUS)

Upon completion of this one-year contract, the teacher will receive one additional 1 month salary as a year end bonus. Income tax will be withheld from this payment.

The exact amount written in the contract, and how much you will get after income taxes are taken out.

CLAUSE 12 (TRANSPORTATION)

a. A prepaid ticket from (My home city), USA to Seoul, Korea will be provided to the teacher..

How much did the ticket cost? Get it in writing in the contract.

b. On completion of the full contract period, the employer will provide the teacher a ticket for passage from Seoul, Korea back to USA or to the nearest Korean consulate in Japan for visa-run purposes. The return air ticket will be provided at the time of termination of employment

Visa run clause should be separate in this case. Visa run clause should specify what your employer pays for on the Visa Run. You want specifics in these types of clauses.


b. If the teacher leaves the school prior to completing the one year�s contract for any reason, the teacher will be responsible for paying back the cost of the original airline ticket to Korea.


Airfare waived after 6 months. Also, if you terminate your contract in accordance with Article 26 of the LSA you shouldn't have to pay a single nickle of it back. Realistically you coudln't terminate your contract after one late paydate

CLAUSE 13 (DISMISSAL OR VOLUNTARY RESIGNATION)

a. The employer reserves the right to dismiss the teacher from employment for the following causes:
?. Neglect or inability to perform his/her duties stipulated in this agreement
?. Frequent absences from work or lateness
?. Receiving two warning letters

From my research of Korean Labor Law, contracts such as these omit contractual language as to what is a "justifiable cause." Article 30 of the Korean Labor Standards Act states:

Article 30 (Restriction on Dismissal, etc.)
(1) An employer shall not dismiss, lay off, suspend, transfer a worker, or reduce wages, or take other punitive measures against a worker without justifiable reason.


2. Specific Grounds for Disciplinary Action or Termination


http://www.korealaw.com/content/immigration/Immigration01_02.asp?cate=54


Article 30 of LSA requires a justifiable cause if and when an employer takes disciplinary actions, including termination of employment, with regard to its employees. Korean courts have held that a justifiable cause refers to such causes as criminal offense, serious illegal acts, and gross negligent acts, etc. which would make maintaining of the relevant employment relationships no longer possible under generally accepted public notions.

I noticed there wasn't any contractual language specifying when you can terminate your labor contract.

Article 26 (Violation of Conditions of Employment)

(1) If any of the conditions of employment set forth in accordance with Article 24 is found to be inconsistent with the actual conditions, the worker concerned shall be entitled to claim damages resulting from the breach of the conditions of employment or may terminate the labor contract forthwith.

(2) If a worker intends to claim indemnity for damages in accordance with paragraph (1), he may do so with the Labor Relations Commission. If a labor contract has been terminated, an employer shall pay travel expenses to a worker who changes his residence for the purpose of securing new job.

Article 24 (Statement of Terms of Employment)
An employer shall clearly state remuneration, working hours, and other terms of employment to a worker at a time when a contract of employment is concluded. In this case, matters as to each constituent item of remuneration, and the methods of calculation and payment shall be specified according to the methods prescribed by the Presidential Decree.

When you arrive in Korea, go over your contract in detail with your employer. Ask questions if need be.

?. Criminal behavior or misconduct

b. The employer agrees to give the employee 30 working days notice in the event of dismissal. However, in the case of a teacher�s criminal behavior or misconduct, he/she will be dismissed from employment immediately with no warning or notice.


This is called an Advance notice of Dismissal

Article 32 (Advance Notice of Dismissal)
(1) An employer shall give an advance notice to a worker at least thirty days before dismissal(including dismissal for managerial reasons). If the notice is not given thirty days before the dismissal, normal wages for more than thirty days shall be paid to the worker, except in cases, prescribed by the Ordinance of the Ministry of Labor, where it is impossible to continue a business because of natural disaster, calamity, or other unavoidable causes, or where a worker has caused considerable difficulties to a business, or damage to properties on purpose.

c. In the event the teacher wishes to resign from his/her employment, he/she can do so by giving at least 45 working days notice to the employer.

Leave this one be. You have alot bigger issues to worry about in this contract

CLAUSE 14 (GOVERNING LAW & JURISDICTION)

a. This Agreement is governed by the law of the Republic of Korea.
b. This Agreement is made final and firm unless any material modification or amendment to this Agreement is executed with the full knowledge and consent of the undersigned and incorporated into this Agreement.

In witness thereof, we have affixed our signatures hereon:

___________________________ ____________________________
Employer � xxxxxxxxxxxxx Teacher � XXXXXXXXXXXX



___________________________ ____________________________
Date Date

[jacl]

There should be a schedule. Anything outside the schedule is OT.

Totally erase anything that states "120 hours". Should be 30 hrs/wk with any teaching hours over 6 in one day paid as OT.