Korean Job Discussion Forums

[princess]

A. Supervision
TEACHER OBLIGATIONS

The Teacher will work closely with the Academic supervisor and other colleagues in the planning, observation, and review of instruction.

As a member of the Institute, the Teacher will contribute to the cumulative experience, wisdom, and resources of team dedicated to developing, implementing, and evaluating a comprehensive program for teaching English to Koreans.

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.

Any teaching or employment other than at the above address shall not be permitted, in accordance with Korean Law. Non-compliance may result in discipline including fines and deportation.

C. Workload

The Teacher will have 21 classes (80 minute) per teaching week. The Teacher is expected to devote no less than 2 hours a day at the Institute for lesson planning, with co-teachers, student evaluations, reporting, consultation with parents, supervision of play, maintenance of the English environment during breaks, workshops, teachers' meetings, upgrading one's professional knowledge and skills and phone teaching to students without additional pay. The work week will follow the yearly academic calendar issued by______ The total teaching load including overtime will not exceed for any given week 23 classes (80 minute) a week, unless both parties agree.

Staff meetings will be scheduled at the discretion of the Institute Director. 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 members are encouraged to help work out practical solutions to problems at these meetings.

D. Special Research projects

Any part of the teacher's workload can be converted into research and development work. When the institute gives the teacher less than the contract classes, the teacher should accept extra assignment such as developing extra materials.
E. Overtime

Overtime teaching is paid at the rate of 1.2 times of the regular pay beyond 21 classes (80 minute). Overtime will not be paid on holidays, sick days, or emergency-leave days. The assignment of overtime above the regular 21 classes and less than 23 classes is at the sole discretion of the Institute. When the two classes combined into one, the teacher shall receive 1.5 times of the regular pay.

F. Work Schedule

The work week runs from Monday through Friday in monthly periods. There are two shifts of the Teachers� daily working hours at the Institute; A shift is from 9:20 am to 7:00 pm (MWF) and 9:20 am to 4:00 pm (TT), and B shift is 1:00 pm to 8:30 pm (M-F). The Teacher�s working schedule will be assigned and can be shifted from one to the other by the Director or Academic Supervisor.

G. Covenants

The Teacher hereby agrees, covenants and undertakes that he/she will not disclose any information relating to the Teacher's employment conditions to others, any teaching materials, or any information relating to the academic program, whether verbally or in written, to individuals or corporate entities.

All teaching materials including any books given to the Teacher by the Institute or made by the teachers should be returned after using and the teacher must not take out or use these materials for other purpose but teaching in _____


TEACHER BENEFITS

A. Monthly Salary

The Institute will pay the teacher a total monthly basic salary of KRW ______________ on the last working day of the month. The monthly salary is based on a calendar month, not the monthly teaching session. Korean income tax, National Pension, & Medical Insurance will be withheld from the monthly salary.

B. Housing

The Institute will provide each teacher an apartment/house to be shared with other teachers. A two-person apartment/house will be provided for a married couple, if both are teaching at the Institute. (The Teacher is responsible for monthly apartment utilities (garbage removal, electricity, water for washing, etc.), management charges (guards, etc.), & telephone bill.)

The Teacher should recognize that the Institute will not be able to match his or her roommate in accords with race, sex, age, and cultural background. At the same time, the Institute will strongly ask the Teacher to respect his or her roommate, thus not to influence his or her roommate�s privacy by bringing private companies into the apartment without the roommate�s consent.
The apartment will contain a TV, refrigerator, washing machine, wardrobes, telephone, gas range, beds & Korean style bedding, desks, chairs, stuffed chairs, dining table & chairs, and some eating & cooking utensils.

C. Health Insurance

The teacher will be covered by Korean National Health Insurance. According to the government guideline for teachers, the monthly insurance charge will be shared by the Institute and the Teacher. Coverage will be from the date of joining to Korean Medical Insurance Union, commencing approximately 3 to 4 weeks after the teacher's arrival of Korea due to requirements of the immigration and taxation departments.

D. National Pension Plan
In accordance with Korean Law all foreign workers employed by Korean businesses shall pay into the Korean National Pension plan at a rate stipulated by the Korean National Pension Law deducted against monthly earnings with the employer's contribution.

Refund of the National Pension to a teacher who becomes a compulsorily insured employee, where the Pension Act of the Teacher's home country provides the benefit corresponding to the lump-sum refund of the National Pension Plan, the lump-sum refund of this plan shall be paid to the foreigner, according to Korean Law.

E. Paid Sick Leave and Emergency Leave

Documented sick leave and emergency leave will be paid for a combined total 15 classes (80 minutes). The teacher should provide the Institute with as much advance notice as possible. The related costs for more than 15 classes will be subtracted from the following month's pay. Unused sick leave may be converted into cash payment. If it is found that the hours/days of absence reported as sick leave or emergency leave were not in fact for such purposes, related costs shall be subtracted from the following month's pay. The above leaves will be included in the period of medical care compensation according to the Article 78 of Korean Labor Standard Law.

F. Airfare

The Institute shall pay round-trip airfare between the nearest International Airport from the Teacher's place applied and a major city in Korea. On the Teacher's departure to Korea, a one-way ticket will be provided and at the end of one's contract another one-way ticket to the Teacher's place applied will be provided. Teachers hired in-country shall have the visa trip to Japan paid for by the Institute. No airfare will be provided to the Teacher hired in-country except if the teacher extends for a second year, then a one-way ticket is provided to the west coast of USA or Canada. If the teacher fails to complete the contract by his or her own fault/reason, the Teacher shall pay back to the Institute the total amount of the air ticket or the actual amount for the visa trip to Japan, in the case of an in-country hiring.



G. Teacher Training

The teacher will have a period of training before starting to teach in their Institute. During the training period, and for the break between the training and the start of teaching, the teacher will be in the Institute for classroom observation. The Teacher will receive briefings from their Academic Supervisor, and the Institute Director, and will get acquainted with the local institute policies. During this time the teacher will receive half the rate of the regular pay.

H. Vacation

The 12 - 15 days of vacation will be scheduled as per the yearly academic calendar which is decided by________ normally the vacation is in the form of one week in the summer, and one week at the end of the year. The above vacation will be included monthly paid leave and annual paid leave according to Articles 47 and 48 of Korean Labor Standard Law. The usual national holidays will also be observed and paid in full.

I. Severance Pay

On completion of one's responsibilities of the full contract period, an additional month of regular salary KRW _________________ per year of employment shall be paid as severance pay. If the Teacher, however, does not complete the full period of one year contract, none of the severance pay will be paid, in accordance with the Korean Labor Standards Law. Severance pay will be paid by bank transfer within 45 days after the Teacher has left the institute. Korean severance tax will be withheld. Any outstanding debts will be subtracted from the severance pay.

The Institute reserves the right to terminate this agreement for cause with written notification sixty days in advance, and for serious cause without notice. The teacher agrees to give written notification sixty days in advance of intention to terminate this agreement or of interest in renewing it.

J. Period of Employment : From ______________ To ________________

Although pay starts the day the teacher starts the Teacher Training Program, the effective date of this contract is the first teaching day in the Institute. The total period of this agreement is approximately one year, commencing from the first day of the session and finishing on the last teaching day of the Teacher's 12th teaching session. A delay in the Teacher's arrival at the Institute, or in the opening of a new Institute may call for a re-negotiation of the contract period.

One thing that stands out for me is receiving the severance within 45 days of finishing the contract. I've always received my pay on my last day of teaching and I don't have a US bank account anyway. I really don't want a roommate either, but I miss Korea. No pay is mentioned as this is only a sample contract. Thanks!

[ttompatz]

[alabamaman]

A. Supervision
TEACHER OBLIGATIONS

The Teacher will work closely with the Academic supervisor and other colleagues in the planning, observation, and review of instruction.

So far so good

As a member of the Institute, the Teacher will contribute to the cumulative experience, wisdom, and resources of team dedicated to developing, implementing, and evaluating a comprehensive program for teaching English to Koreans.

Common hagwon contractual language

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 standards of conduct should actually be called "Rules of Employment" in this labor contract. They are required to post "Rules of Employment" if 10 or more workers work at the institution.

Any teaching or employment other than at the above address shall not be permitted, in accordance with Korean Law. Non-compliance may result in discipline including fines and deportation.

You can teach outside the place of employment with permission from Korean Immigration, and usually consent from your employer.

C. Workload

The Teacher will have 21 classes (80 minute) per teaching week.

21 x 80 = 1680 minutes per week / 6720 minutes per month
Generic Hagwon Contract = 1500 / 6000 minutes per month

Add another two hours per day, and that amounts to 2400 minutes worked without pay.

A majority of teachers work 6 50 minute classes a day, with a break to get their thoughts collected.


The Teacher is expected to devote no less than 2 hours a day at the Institute for

lesson planning: You should be doing strictly lesson planning for your classes.

student evaluations: I would imagine a majority of hagwon owners tend to tweak honest evaluations, so there's really no need for giving such evaluations.

reporting: Verbally or in writing? How many times per week?

consultation with parents: That's primarily your director's job unless a parent walks into your school and catches you off guard.

supervision of play: Negatory if your on a break

maintenance of the English environment during breaks: Korean labor Laws state breaks may be used freely

workshops: You should be paid overtime if workshop hours are worked outside your established working hours. Get that in writing.

teachers' meetings: Nothing major about meetings

upgrading one's professional knowledge and skills and phone teaching to students without additional pay. "Without additional pay" = "overtime without pay." Personally, I would pass on the phone teaching as you never know who you're talking with on the other end of the phone. They should come to school if they want to learn English, and I'm sorry I'm sounding a little arrogant.

The work week will follow the yearly academic calendar issued by______ The total teaching load including overtime will not exceed for any given week 23 classes (80 minute) a week, unless both parties agree.




Staff meetings will be scheduled at the discretion of the Institute Director. 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 members are encouraged to help work out practical solutions to problems at these meetings.

D. Special Research projects

Any part of the teacher's workload can be converted into research and development work. When the institute gives the teacher less than the contract classes, the teacher should accept extra assignment such as developing extra materials.

All "materials" should be developed upon your arrival in South Korea. I would err on the side of caution when you see contractual language stating, "When the institute gives the teacher less than the contract classes, the teacher should accept extra assignment." Extra assignment sounds like it could mean a number of things that aren't mentioned in this labor contract.

E. Overtime

Overtime teaching is paid at the rate of 1.2 times of the regular pay beyond 21 classes (80 minute). Overtime will not be paid on holidays, sick days, or emergency-leave days. The assignment of overtime above the regular 21 classes and less than 23 classes is at the sole discretion of the Institute. When the two classes combined into one, the teacher shall receive 1.5 times of the regular pay.



F. Work Schedule

The work week runs from Monday through Friday in monthly periods. There are two shifts of the Teachers� daily working hours at the Institute; A shift is from 9:20 am to 7:00 pm (MWF) and 9:20 am to 4:00 pm (TT), and B shift is 1:00 pm to 8:30 pm (M-F). The Teacher�s working schedule will be assigned and can be shifted from one to the other by the Director or Academic Supervisor.


Working hours

What are your work hours throughout the contract period?
It would be ideal lfor you to work 6 hour shifts (ex. 2-8/3-9/4-10).

What days of the week will you work? (Monday through Friday)
How many hours will you work per month? (120 is the norm in contracts)

What constitutes a working hour? (40 & 50 minute classes are the norm)

There should be no more than 8 hours between from your daily start time until your daily finish time when working block shifts throughout the contract period. Ask for that to be written in your labor contract.

Is there contractual language staing your employer will allow you a recess period of more than 30 minutes for every 4 working hours and more than 1 hour for every 8 working hours during the working hours? Korean Labor Laws state that recess periods may be used freely by workers.

G. Covenants

The Teacher hereby agrees, covenants and undertakes that he/she will not disclose any information relating to the Teacher's employment conditions to others, any teaching materials, or any information relating to the academic program, whether verbally or in written, to individuals or corporate entities.

Communists

All teaching materials including any books given to the Teacher by the Institute or made by the teachers should be returned after using and the teacher must not take out or use these materials for other purpose but teaching in _____




TEACHER BENEFITS

A. Monthly Salary

The Institute will pay the teacher a total monthly basic salary of KRW ______________ on the last working day of the month. The monthly salary is based on a calendar month, not the monthly teaching session. Korean income tax, National Pension, & Medical Insurance will be withheld from the monthly salary.

Income Taxes

http://www.nts.go.kr/eng/default.html

*Go to check my monthly withholding tax

How much will your employer deduct from your monthly salary for income taxes in Korean Won throughout the contract period ?


B. Housing

The Institute will provide each teacher an apartment/house to be shared with other teachers. A two-person apartment/house will be provided for a married couple, if both are teaching at the Institute. (The Teacher is responsible for monthly apartment utilities (garbage removal, electricity, water for washing, etc.), management charges (guards, etc.), & telephone bill.)

Accommodation

The following items should be in working condition, and your apartment should be clean upon arrival.

Rent (A majority of ESL Teachers prefer a one bedroom apartment)
Bed
Desk
Closet
Table
TV
Washing machine
Clothes rack
Pots
Pans
Dishes
Forks/Knives/Spoons
Phone
Refrigerator
Stove
Air conditionar
Heating system
Utilities are paid by the employee.
You're are not responsible for the previous occupant's unpaid bills.


The Teacher should recognize that the Institute will not be able to match his or her roommate in accords with race, sex, age, and cultural background. At the same time, the Institute will strongly ask the Teacher to respect his or her roommate, thus not to influence his or her roommate�s privacy by bringing private companies into the apartment without the roommate�s consent.
The apartment will contain a TV, refrigerator, washing machine, wardrobes, telephone, gas range, beds & Korean style bedding, desks, chairs, stuffed chairs, dining table & chairs, and some eating & cooking utensils.

C. Health Insurance

The teacher will be covered by Korean National Health Insurance. According to the government guideline for teachers, the monthly insurance charge will be shared by the Institute and the Teacher. Coverage will be from the date of joining to Korean Medical Insurance Union, commencing approximately 3 to 4 weeks after the teacher's arrival of Korea due to requirements of the immigration and taxation departments.

Korean National Healthcare Plan:

http://www.nhic.or.kr/wbe/faq/faq.html

How much will your employer deduct from your monthly salary for premium payments throughout the contract period in Korean Won? (2.24% of your monthly salary)

How much will your employer prepay per 3 month lump sum (2.24% x monthly salary x 3) for Korean National Healthcare Insurance Premiums?

D. National Pension Plan
In accordance with Korean Law all foreign workers employed by Korean businesses shall pay into the Korean National Pension plan at a rate stipulated by the Korean National Pension Law deducted against monthly earnings with the employer's contribution.

Korean Pension Fund

http://www.nps4u.or.kr/eng/enpsk.html?code=./enpsk/a02.html

How much will your employer deduct from your monthly salary to be paid into the Korean Pensiond Fund throughout the contract period (4.5% of your monthly salary)?

How much will your employer contribute to the Korean Pension Fund in Korean Won per month throughout the contract period (employer shall match the deduction from your monthly salary)?

Refund of the National Pension to a teacher who becomes a compulsorily insured employee, where the Pension Act of the Teacher's home country provides the benefit corresponding to the lump-sum refund of the National Pension Plan, the lump-sum refund of this plan shall be paid to the foreigner, according to Korean Law.

E. Paid Sick Leave and Emergency Leave

Documented sick leave and emergency leave will be paid for a combined total 15 classes (80 minutes). The teacher should provide the Institute with as much advance notice as possible. The related costs for more than 15 classes will be subtracted from the following month's pay. Unused sick leave may be converted into cash payment. If it is found that the hours/days of absence reported as sick leave or emergency leave were not in fact for such purposes, related costs shall be subtracted from the following month's pay. The above leaves will be included in the period of medical care compensation according to the Article 78 of Korean Labor Standard Law.

CHAPTER Ⅶ

Apprenticeship
Article 77 (Prohibition of Abuse of Apprentice) An employer shall not abuse workers in training or workers on probation or any other apprentice whose purpose is to acquire a technical skill, and shall not assign to them domestic works or other works which are not related to the acquirement
of technical skill.

Article 78
(1) Deleted. <Act No. 5885, Feb. 8, 1999>
(2) Deleted. <Act No. 5885, Feb. 8, 1999>
(3) Deleted. <Act No. 5885, Feb. 8, 1999>

Paid sick days

Ask for 3 to be written in your labor contract.

Emergency leave

Ask for 5-7 days of emergency leave in your labor contract. Emergency leave days are unpaid, separate from paid sick days, and separae from annual leave days. Emergency leave is for a major death in the family, and your employer will require proof.

F. Airfare

The Institute shall pay round-trip airfare between the nearest International Airport from the Teacher's place applied and a major city in Korea. On the Teacher's departure to Korea, a one-way ticket will be provided and at the end of one's contract another one-way ticket to the Teacher's place applied will be provided. Teachers hired in-country shall have the visa trip to Japan paid for by the Institute. No airfare will be provided to the Teacher hired in-country except if the teacher extends for a second year, then a one-way ticket is provided to the west coast of USA or Canada. If the teacher fails to complete the contract by his or her own fault/reason, the Teacher shall pay back to the Institute the total amount of the air ticket or the actual amount for the visa trip to Japan, in the case of an in-country hiring.



G. Teacher Training

The teacher will have a period of training before starting to teach in their Institute. During the training period, and for the break between the training and the start of teaching, the teacher will be in the Institute for classroom observation. The Teacher will receive briefings from their Academic Supervisor, and the Institute Director, and will get acquainted with the local institute policies. During this time the teacher will receive half the rate of the regular pay.

If you have your E2 Visa, then you should receive full pay. Korean Immigration Officials will deport you if they catch you working for your employer or participating in any work related activities (training).

H. Vacation

The 12 - 15 days of vacation will be scheduled as per the yearly academic calendar which is decided by________ normally the vacation is in the form of one week in the summer, and one week at the end of the year. The above vacation will be included monthly paid leave and annual paid leave according to Articles 47 and 48 of Korean Labor Standard Law. The usual national holidays will also be observed and paid in full.

Annual leave/Holidays

Most contracts have 10 days of paid leave. If you have 8 days of Annual leave, ask for 10. Be polite when asking for 10 days to be written in your contract. You are entitled to all Korean National Holidays. No deductions in pay should occur on any Korean National Holidays. There are some schools which count weekend days as annual leave days. You should ask for this to be changed because you take annual leave days on working days.

I. Severance Pay

On completion of one's responsibilities of the full contract period, an additional month of regular salary KRW _________________ per year of employment shall be paid as severance pay. If the Teacher, however, does not complete the full period of one year contract, none of the severance pay will be paid, in accordance with the Korean Labor Standards Law. Severance pay will be paid by bank transfer within 45 days after the Teacher has left the institute. Korean severance tax will be withheld. Any outstanding debts will be subtracted from the severance pay.

Severance pay will be paid by bank transfer within 45 days after the Teacher has left the institute.

The Institute reserves the right to terminate this agreement for cause with written notification sixty days in advance, and for serious cause without notice. The teacher agrees to give written notification sixty days in advance of intention to terminate this agreement or of interest in renewing it.

This employment contract should be a little more specific as what you can get terminated for. Artile 30 of the Labor Standard Act States that "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." Korean Courts view justifiable reason as gross negligence, violation of Korean Laws, and serious violations. There's no mention of contractual language pursuant to Article 30 of the LSA.

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) An employer shall not dismiss any worker during a period of temporary interruption of work for medical treatment of an occupational injury or disease and within 30 days thereafter; nor shall any female worker before and after childbirth be dismissed during a period of temporary interruption of work as provided herein and within 30 days thereafter; however, if an employer has paid the lump sum compensation due under Article 87 hereof or is not able to continue his business, this shall not apply.


The teacher agrees to give written notification sixty days in advance of intention to terminate this agreement or of interest in renewing it: " An employer shall give an advance notice to a worker at least thirty days before dismissal(including dismissal for managerial reasons). "

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.





J. Period of Employment : From ______________ To ________________

Although pay starts the day the teacher starts the Teacher Training Program, the effective date of this contract is the first teaching day in the Institute. The total period of this agreement is approximately one year, commencing from the first day of the session and finishing on the last teaching day of the Teacher's 12th teaching session. A delay in the Teacher's arrival at the Institute, or in the opening of a new Institute may call for a re-negotiation of the contract period.

Remember you cannot start working for pay or participate in work related activities without the E2 Visa.

A delay in the Teacher's arrival at the Institute, or in the opening of a new Institute may call for a re-negotiation of the contract period.

That's why it may be easier for you to come to Korea with your E2 Visa as apposed to without it. Then again, you've been here before.

Refer to what ttompatz said as to why you should not work at this institute.

[Grotto]

SLP contracts are notoriously bad! They are totally onesided in favour of the school and also demand more time yet pay less. How they are still in business is beyond me!

Stay away from this contract!