Korean Job Discussion Forums

[luniz2006]

how does this contract look for a newb... thanks in advance.

This EMPLOYMENT AGREEMENT has been made on this ??? October 2007 by ??????????????????, a corporation organized and existing under the laws of the Republic of Korea, and located at ???????????, SEOUL, (hereinafter referred to as the institute) and full name shown on the passport; 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

The institute agrees to employ the above person as an English teacher of the institute during the period stipulated herein.
The teacher agrees to teach pre-kindergarten or kindergarten, elementary ESL program, etc.
The teacher agrees to accept any class assigned by the institute director.
4. Depending upon the institute's situations, the teacher can be assigned to teach any age groups or individuals.

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

A. Salary

Payment for 120 hours worked in a teaching term (1 teaching term = 1 session = 20 teaching days) is won (17,500 won/hr.) will be paid in Korean currency. Teaching term will be determined by Alphabet Street calendar.
This salary will be paid per month for the previous month’s teaching term (determined by Alphabet Street) on the 5th day of the following month.
The first month and the last month’s salary will be based on the number of hours Teacher worked.
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.
Time spent on initial training such as class observations and other training meetings will be paid 50% of normal pay.
The working hours include teaching hours only and does not include preparation time.
B. Overtime Pay

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

South Korean income taxes and National Pension will be withheld automatically from your monthly salary. Alphabet Street complies with any adjustments made with Korean Income Tax Law and the National Pension Law.
The National Pension is paid half and half by Alphabet Street and the employee. The total amount withheld will be returned upon completion of the contract period.
D. Medical Insurance

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.
The institute will cover half of the employee’s medical insurance fee. Alphabet Street complies with any adjustments made with Korean Medical Insurance policy.
E. Severance Pay

The teacher will receive a severance payment equivalent to one month’s salary ( won) upon successful completion of this contract.
F. Substitution

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

Teachers will have 3 paid sick days during the contract period.
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.
Unused sick days will be paid out at the end of the contract with 100,000 won per day.
Upon breach in the contract, all used sick days (100,000 won per day) will be returned to the institute
H. Housing

The institute will provide single housing.
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.
Furnishings will include a bed, a closet, a washing machine, TV, phone, A/C, gas range, refrigerator, microwave and kitchenware.
The teacher will be responsible for all living costs to include utilities and any extra furnishings.
While the teachers reside the accommodation, he/she has the responsibility to repair any damage caused by the teachers.
Due to the tenant’s negligence (high level noise, physical damage done to the apartment, etc) and were told to evacuate the apartment, all moving costs will be paid by the occupying tenant.
I. Airfare

The one year contract comes with paid two one way airfare(Or a paid round trip airfare).
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.
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.
But if the Teacher is fired or is willing to leave before completing the contract, the institute will not pay for a return ticket.
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.
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

The teacher will be given vacation according to the Korean National holidays and Alphabet Street Schedule.
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.
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

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

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.
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.
Drug or other narcotic users
Homosexuals / lesbians
If the employee is found to be involved in any of the above, contract will be immediately terminated.

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

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.
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.
Teaching related works, apart from regular teaching hours, such as developing curriculum or other works asked by the directors will be counted towards the monthly teaching hours.
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 Alphabet Street 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.
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

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.
Teachers will be at present for morning meeting from 9:20.
All teachers are required to be present at the institute 10 minutes prior to all his or her classes.
No regular schedule can be guaranteed to the teacher within the set hours of 9:30 - 7:00.
Lunch hour runs from 12:20 to 1:00 pm. Teachers are not paid for this time.
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

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.
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).
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 penalty fee (1,200,000 won) on a pro-rated basis at the time the contract is terminated.
If the contract has not been completed for any reason the ticket will not be provided.
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.
Termination of employment with the institute is immediate and without notice for serious cause such as
Neglect of the duties stipulated in this agreement.
Unexcused absences and chronic lateness
Abusive behavior towards the children or staff
Two written warning letters have already been used
Conducting class while smoking or under the influence of alcohol or illegal drugs
Sexual Misconduct
Poor teaching skills that can not be relied upon to take classes
The teachers engages in criminal conduct or in misconduct
Tutoring or making money outside the institute.
B. Contract Period

The period of this contract will be 1 year, from ??? November 2007 to ??? November 2008

for a period of 365 days. In case the employ starts working prior to or after the original contract date, the employ is committed to one year contract starting from the actual working date.

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: _________ 2007

Employer’s signature: _____________________ Date: _________ 2007