Korean Job Discussion Forums

[turtle_p]

Hi all,

This is my first posting on this forum although I've been reading it for a while. I've just been offered my first job and I was hoping for some advice about the school and location. The school is LCI Kids Club in Bundang.

Does anyone know about this school or this city? Also, this is basically my contract (taking from email):

Teaching Hours for new position is:
On Mon. Wed. Fri. from 9:30 to 5:50
On Tue. Thur. from 9:30 to 3:50
Preparation Time is 30 minutes before and after the lesson.
New position salary is:
Basic salary(120 hours) is 2,000,000won and plus prep-time payment is
200,000won per month.
Overtime payment is 17,000won per hour.
Finally, total salary is 2,438,000won per month as your schedule.
And you'll get severance payment(same as basic salary) 2,000,000 when you
finish one year contract period successfully.


Any help/advice would be greatly appreciated. Thanks.

[Yu_Bum_suk]

Judging by the schedule you'll be teaching very little kids. Think carefully about whether you think you'll really like spending all day locked up in rooms of 3-5-year-olds.

[just because]

To be honest, just looking at tbe bare bones of it that looks alright for a first up contract...

Getting paid for prep-time is a surprise...

Thos mOn, Wed, Fri could be a bit brutal if there isn't an hours downtime in the middle of the day...

However, something may look good on paper but in reality could be terrible, make sure you talk to some present and past teachers from the school as well

[Hotpants]

Bundang and LCI have been covered quite a bit. I just tried the SEARCH function out of curiosity, and there is lots of advice on the two topics and even a post which combines the two, for example
http://www.eslcafe.com/forums/korea/viewtopic.php?t=62578&highlight=LCI

[maryb]

and was sent a sample contract. It was ok but alot of negiations are needed.

[maryb]

Vacation
LCI will give Teacher a one-week vacation during the summer and a one-week vacation during the winter. These vacation times will be determined by LCI and generally follow annual school closures. The monthly salary, which includes these vacations, will be made according to the session. Teacher is responsible to be at LCI on time. If Teacher does not arrive on time, LCI may deduct two days� pay per day

[shrews68]

i think it is on FAQ FORUM OR job REALTED FORUM their is a lot on Bundang particularly, look something like 'finding a location' thread, on the whole Bundang looks a good place to live, in fact I am looking to go their myself - clean and mellow, enough to do, ect Jon

[ttompatz]

[alabamaman]

Hagwon labor contracts


Korean Labor Standards Act

http://www.molab.go.kr/download/_20051220144304549.pdf

Paid sick days

If there are no paid sick days, then ask for 3 to be written in your labor contract.

Working hours

What are your working 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 is ideal)
How many hours will you work per month? (120 is the norm)

How many hours will you work per week? (30 is the norm)

What constitutes a working hour?

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? Korean Labor Laws state that recess periods may be used freely by workers.

Article 53 (Recess Hours)

(1) An employer shall allow 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.

(2) A recess period may be freely used by workers.

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.

Penalty clauses

Penalty clauses should be removed from your contract.

Monthly wage & overtime

You shouldn't settle for wages less than 2,000,000 Korean Won per month. Workers should be paid once per month according to Labor Laws. There are alot of employers who pay on the 10th of the following month. You should ask to be paid on the last working day of every month throughout the contract period. Employers pay Foreign Language Teachers on the 10th of every month to prevent the "midnight run."

Article 42 (Payment of Wages)

(1) Payment of wages shall be directly made in full to worker in cash; however, if otherwise stipulated by special provisions of laws or decrees or a collective agreement, wages may partially be deducted or may be paid by other than cash.

(2) Wages shall be paid more than once per month on a fixed day; however, this shall not apply to extraordinary wages, allowances, or any other similar payment or those wages provided for by the Presidential Decree.

If they want to alter your work schedule, then both parties should mutually consent in writing, get this written in your labor contract.

If you are earning 2,000,000 Korean Won per month, you should earn around 20,000 Korean Won per overtime hour. You should work overtime hours after you've mutually consented with your employer. Keep a record of all overtime hours work. Your employer can never force you to work overtime hours.

Employers should also pay additional remuneration according to Article 55 of the Labor Standards Act for hours worked from 10 p.m. - 6 a.m. There are hagwon contracts that omit additional remuneration for hours worked past 10 p.m.

Article 55 (Extended Work, Night Work and Holiday Work)

An employer shall pay additional remuneration of more than fifty percentage points of normal remuneration for extended works (extended works as set forth in the provisions of Articles 52 and 58, and the proviso of Article 67) and night works (works provided from 10 p.m. to 6 a.m.), Sunday or public holiday works.

Severance bonus

You add the last 3 months of your pay, and divide that total amount by 3. That figure will then be your severance bonus.

Article 34 (Severance Pay System)

(1) An employer shall establish a severance pay system whereby an average wage of more than 30 days shall be paid for each year of consecutive years employed as a severance pay to a retired worker; however, if the worker was employed for less than one year, this shall not apply.

(2) In establishing the severance pay system stipulated in paragraph (1), a differential severance pay system shall not be permitted within one business.

(3) An employer may, at the request of workers, pay severance
pay in advance for the period of continuous employment of the worker concerned by adjusting the balances of remunerations before his retirement, irrespective of the provisions of paragraph (1). In this case, the number of years of continuous employment for the computation of severance pay shall be counted anew from the moment the latest adjustment of balances has been made.

(4) In cases where an employer has enrolled in pension insurance program for retirees or a retirement lump sum payment trust as prescribed by the Presidential Decree(hereinafter referred to as �pension insurance, etc.�) for workers, whereby workers, as the insured or a beneficiary, receive lump sum payment at the time of retirement, or draw their pensions, it shall be deemed that the employer has set up a severance pay scheme in accordance with paragraph (1). The amount of lump sum by the retirement insurance, etc., however, shall not be smaller
than that of severance pay pursuant to paragraph (1).


Airfare

Roundtrip airfare from and to the nearest international airport to your home, or cash equivalent thereof! Employers may ask you to reimburse them for the total cost of the airfare for dismissal, or resignation any time throughout the contract period. Ask that airfare reimbursements are waived after completing 6 months of employment.

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.

Dress code

Ask for a dress code clause to be written in your labor contract.

Health Insurance

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?

When will your employer enroll you in the KNHIP?

When will you recive your KNHIP Medical Insurance Card?

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 ?

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)?

Korean Pension Fund contribution and return of said pension contribution at the end of contract.

http://www.npc.or.kr/social/index_en.html
http://www.eslcafe.com/forums/korea/viewtopic.php?t=45302

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.

contract length

Contracts are one year. For your protection, insist that you have contractual language stating, "Them employee shall work for the employer when the employee has been issued an E2 Visa from Korean Immigration Officials." It's illegal to work without an E2 Visa.

Termination Clause

Is there contractual language specifying when you can terminate the labor contract? There should be contractual language pursuant to Article 26 of the Labor Standards Act:

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. (There should be contractual language pursuant to this clause that defines reasons you can terminate your labor contract. Allot of hagwon contracts use such contractual language as, "The employee may annul the contract if the employer doesn't complete the terms of the contract."

There are hagwon contracts that state, "The employer will give an notice to the worker at least 60 days before dismissal." Article 32 (Advance Notice of Dismissal) of the Korean Labor Standards Act States:

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.

Article 31 (Restriction on Dismissal for Managerial Reasons)

(1) If an employer wants to dismiss a worker for managerial reasons, there shall be urgent managerial needs. In such cases as transfer, acquisition and merger of business which are aimed to avoid financial difficulties, it shall be deemed that there is an urgent managerial need.

Grounds permitted under Korean law for termination of employment

http://www.efl-law.org/forums/viewtopic.php?t=1361

When it comes to the matter regarding termination of employment, Korean labor laws are known to apply strict criteria in determining whether a specific termination was just or proper. Let's look at the specific grounds for termination of employment that are prescribed in the Labor Standards Act of Korea (LSA).

Under LSA, an employer may terminate employees pursuant to (i) taking any disciplinary actions taken (with regard to any improper acts committed by the relevant employee) and (ii) laying off of employees due to managerial reasons.

(i) Dismissal by disciplinary action
It is first noted that 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.

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.

Especially, because a termination of employment is the most extreme measure, taking away an employee's means of making a living, Korean courts are known to be very strict in applying the above-noted criteria, when it determines whether a particular termination is justified. Thus, unless an employee's specific conduct is something that makes current employer-employee relationship no longer possible to continue, it would be advisable for an employer to take less severe disciplinary actions such as suspension of employment, reduction of salary, or reprimand.

In addition, under the LSA, where an employer wishes to terminate an employee in compliance with (and validly under) the law, there must also be procedural justification to that termination. In other words, the law requires that proper (legally justified) procedures be taken in disciplining the employee, including providing the employee with a proper opportunity to defend himself/herself, no matter how egregious the employee's actions are, and failure to do so will constitute an invalid termination.

(ii) Dismissal due to managerial reason

Further, as regards the employment termination, under LSA, an employer may also terminate employees where the employer can establish an imminent managerial reason. Article 31 of LSA provides that before an employer terminates a group of employees, the employer must have made its best efforts to avoid termination and have fair and reasonable standards of termination in place. The termination of employees must have been based on such standards for termination and the employer must have given notice to and consulted with the employees?relevant labor representative (i.e., labor union).

It is the firm position of the Korean Supreme Court that an imminent managerial reason exists if the employer's termination of employees is rational from an objective standpoint. The Korean Supreme Court has recognized the existence of an imminent managerial reason in the following cases: (a) the employer has continuously experienced deficit operation; (b) due to continuous labor disputes, the operation of the employer is expected to worsen to a degree that half of the capital amount of the employer has decreased for one year; (c) a part of the business is changed to a sub-contract system due to continuous deficit operation and, as a result, the employer terminated the employment of related employees; or (d) in the course of privatization of a public corporation, reorganization of the corporation has been taken.

In light of the foregoing, it can be concluded that an imminent managerial reason to terminate will be found to exist where it is inevitable that the employer must terminate employment in order to overcome actual difficulties in management. However, even where an employer with a positive balance sheet terminates the employment of a group of employees in order to overcome actual difficulties or to generate additional revenues, the existence of an imminent managerial reason will not be found to exist unless the inevitability of such termination can be proven objectively.

Therefore, as described above, unless there is a legitimate, objective reason to terminate employees, it is not easy under current Korean labor laws to establish a justifiable cause or imminent managerial reason to terminate employees under LSA. However, as an alternative to termination, it is sometimes recommended that an employer attempt to persuade those employees whom it wishes to terminate to voluntarily retire from his/or her office. It is customary practice in Korea for an employer to induce the early retirement of employees whom they wish to terminate by offering them a reasonable severance package. Though not required by Korean law, a Korean company will ordinarily offer early retirement employees additional severance pay in addition to severance pay in accordance with standards set forth in LSA or the employer's employment rules and regulations.

2. Procedures regarding a court-sponsored mediation

There are two kinds of mediation that could take place in the course of litigation before a Korean court, which we briefly note below.

Under Korean law and practice, courts sometimes suspend pending litigation to request that the parties in the litigation try to reach a settlement. The courts may take such measure even after the close of hearing. The courts often rely on such procedure, which is called court-sponsored meditation, when the legal issues are highly complex or are not clear-cut, or if they believe that the dispute is better suited to a settlement rather than a decision entirely in favor of one party. In such a procedure, the court will typically hold a mediation session in court. If the parties cannot reach a settlement, then the mediation is stopped, the suspension on litigation is lifted, and litigation resumes.

It is also noted that there exists a less voluntary variation on court-sponsored mediation (so-called court-ordered mediation). Under this approach, rather than request the parties to try to reach an agreement, the court may present a settlement proposal for the parties?consideration after listening to the parties during the mediation hearing(s). In such case, any party can reject the settlement order within 2 weeks of receiving the written notice of the court's settlement order. However, if neither party files their objection within the 2-week period, the court's order becomes final. It is then entered into court records as the final decision in the case. If any party rejects the settlement order, the mediation is dissolved and litigation resumes.

[turtle_p]

Thanks for the advice so far. I did some research on an independent web site and this company's reputation came up as "good". However, in light of some the comments posted about this topic, I'm a little hesitant to take this job. Below is the actual contract they want me to sign if I take the job. Can anyone point out any specifc problems or worries they would have with it? Thanks again.

Employment Agreement

between

Language Clubs International
(hereinafter referred to as LCI)
with its office at
3F 97-3 Seung Young Ge B/D, Seohyun-Dong, Bundang-Gu
Kyung Ki-Do, Korea

and


Name of English Teacher
(hereinafter referred to as Teacher)
with address at




GENERAL

A. This Employment Agreement (EA) outlines the terms and conditions under which Teacher will become a regular, full-time English instructor at a LCI school (or associated school) in South Korea.

B. This EA will be issued and completed in duplicate for the records of Teacher, and LCI.

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

D. Dress casual wear is acceptable; however, jeans with holes, wrinkled or dirty clothes, and sweat pants are not considered proper attire.

E. South Korean income tax will be withheld automatically from the monthly salary of Teacher. Income tax on the monthly salary and the severance payment runs at about 3.3%.



TEACHER BENEFITS

A. Salary
Payment for 120 hours worked in a teaching term (1 teaching term = 1 session = 20 teaching days) will be 2,000,000won. The salary will be paid per month on the 5th of the following month. If the 5th falls on a Saturday, the employee will be paid on the 4th, and if it falls on a Sunday, the employee will be paid on the 6th.


The first month and the last month�s salary will be based on the hours Teacher worked for. Teacher will be paid at the rate of 15,800 won per hour for the first and the last month. In the event when 120 contact hours are not available in a given month, LCI will require Teacher to perform work related to professional development in order to bring the balance of hours worked up to the required 120.

400,000Won will be paid to the teacher in advance when Teacher arrives to the school and will be deducted from the first month�s salary.


B. Benefits
LCI will pay for material preparation for classes for Teacher. The amount of money will be 200,000 won per month. The time for the preparation will be noticed later.


C. Overtime Pay
All teaching hours in excess of 120 contact hours per month are considered overtime. Overtime will be paid at the rate of 17,000 won per hour. Teacher may be required to work any additional hours that LCI may request. All instructors are required to substitute for other teachers who may be sick or absent.


D. Orientation Period
Upon arrival in Korea, the Employee may be allowed ten days adjustment time and preparation for school prior to the beginning of regular classes.
During the orientation period the Employee should be inside the school learning about the school system. During the orientation/observation phase the Teacher will be paid 50,000won a day, regardless that the Employee might have to teach a few classes for the purpose of training.


E. Pay Deduction
Teachers will have one paid sick day only with the doctor�s diagnosis. A doctor�s invoice with the diagnosis and prognosis is required to be paid for sick days. LCI may deduct a day�s pay for each day Teacher is absent from work for other reasons except for illness or inevitable reasons or Teacher used paid sick days.
However, if Teacher does not arrive on time after vacation, LCI may deduct two days� pay per a day.

In addition, if the paid sick day is not consumed at the end of the contract, the unused sick day will be paid 100,000won.


F. Housing
LCI will provide Teacher with free accommodation. Teacher will have a studio. Furnishings provided by LCI include a bed, a small wardrobe, a kitchen table and chairs, a gas range, an air conditioner, a refrigerator, a house telephone, a television, and a washing machine. In a public room, a computer with internet, and a water purifier will be provided. Teacher has a responsibility to pay maintenance expenses for all and individuals.
Teacher has a duty to keep the house in good status. LCI may not pay full accommodation cost when this is not properly followed.


G. Insurance
Teacher will have health, accidental injury, and death coverage through Samsung Insurance Company Limited. LCI will pay the monthly premium on behalf of Teacher. Teacher is responsible to understand his or her coverage.


H. Airfare
LCI will issue Teacher a one-way airfare ticket, free of charge, from the nearest international airport to Korea prior to the departure. But if Teacher is fired or is willing to leave before completing of this contract, Teacher must pay back the one-way airfare to the employer. Upon successful completion of the one-year contract, LCI will issue Teacher a one-way airfare ticket, free of charge, from Korea to international airport to employee�s nearest home.


I. Severance Pay
Upon successful completion of the one-year contract, LCI will issue Teacher
2,000,000 won as a severance pay.


J. Vacation
LCI will give Teacher a one-week vacation during the summer and a one-week vacation during the winter. These vacation times will be determined by LCI and generally follow annual school closures. The monthly salary, which includes these vacations, will be made according to the session. Teacher is responsible to be at LCI on time. If Teacher does not arrive on time, LCI may deduct two days� pay per day.


TEACHER OBLIGATIONS

A. Supervision
Teacher will work closely with LCI program supervisors and other colleagues in the planning, observation and review of instruction. LCI will observe Teacher�s class informally for help at any time, and formally according to a given schedule for evaluation of Teacher.


B. Behavior
Teacher will respect the written, verbal, and tacit rules and standards of conduct of LCI. Written rules and standards of conduct of LCI are as follows:

* Teacher must arrive at work thirty minutes prior to the start of any class.
* Teacher must take enough rest on Sunday evening in order to energetic class on Monday.
* Teacher must have lessons prepared prior to the start of any class.


* Teacher must attend all staff meetings � 4-5 times per month.
Teacher must be punctual at all times.
* Teacher must follow the advice and direction of the director and supervisor.
* Teacher must assigned classes many and can be changed without a notice, also should follow the direction.
* The teacher is required to teach all classes, attend at teachers meetings, workshops and parent meetings are obligatory.
* The preparation time, students, evaluation and staff meetings are not considered as teaching time.
* Teaching time is considered to be time spent instructing in the classroom.
* Teacher should keep his/her students� records such as attendance, evaluation, test form, test results, conference meeting records, classes� program or supplements etc�


Teacher must obey the laws, regulations, instructions, and ordinances of the national and local Korean governments. The onus is on Teacher to become familiar with Korean laws, regulations, instructions, and ordinances prior to arrival. Teacher is required to be punctual, reliable and professional in representing LCI.


C. Workload
Teacher will teach usually about 120 hours per teaching term. In the event that the actual number of teaching hours scheduled for any particular teaching term is below 120 hours, Teacher will be required to devote the remaining hours to related academic work under the supervision of the LCI academic coordinator.

Staff meetings and school events will be scheduled at the discretion of the LCI director. The attendance of Teacher is mandatory. 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.

LCI staff is encouraged to help work out practical solutions to problems at these meetings.


D. Work Schedule
The workweek runs from Monday through Friday (depending on the schedule). Hours of operation are from 09:00 to 6:30pm. Teacher will be scheduled to teach during this time period by the LCI Director. There can be a possibility of long breaks between classes. Teacher will usually, although not necessarily, be scheduled in shifts. Teacher needs to follow LCI.


E. Deposit
Teacher agrees to pay the employer a housing management deposit to cover unpaid monthly service, utility and telephone charges. Such deposit, amounting to 400,000 won and being payable to the employer in two equal installments, will be deducted from Teacher�s salary during the second and third month of employment. Teacher agrees that the deposit will be returned, in full, to the Teacher at the time of the completion of the Teacher�s period of employment with employer.
The employer will hold the full amount of the deposit until all outstanding monthly service, utility, and telephone charges have been paid. In the event that the employer makes payments covering monthly service, utility and telephone charges on behalf of the Teacher, the amount of such payments will be deducted from the deposit and the remainder of the deposit returned to the Teacher.


BINDING AGREEMENT

A. The period of this contract will be one year, from .
to .
If the contract ends in the middle of the term, Teacher agrees to teach until the last teaching day of that term.


B. We have read and agreed to the terms and conditions of employment as an English teacher at LCI. In signing this mutual agreement, we each understand fully our responsibilities and obligations to the other party.


C. If Teacher is absent on three occasions without notice, LCI reserves the right to terminate this agreement by issuing Teacher written notification of termination forty days in advance. Termination of employment with LCI is immediate and without notice for serious cause: such as

 two written notices have already been issued
 drunkenness on the job
 sexual misconduct
 outside employment
 irresponsible working

Written notices can be issued for any of following.
 unexplained absences from work.
 Arriving late without notice or reason.
 Verbal abuse towards children or staff members.
 Breaking any of the stipulations agreed to by the Employer and the Teacher in the signed contract.


D. Teacher agrees to give written notice forty days before this agreement ends of his/her intention to renew or terminate this agreement.

[Novernae]