Korean Job Discussion Forums

[Natebomb]

Ok, this is my first contract so I figured I'd post it here for a review. This is for a couples position. The "approx." tax rate is a concern to me, but this wouldn't be determined in the contract would it? Let me know if there is anything I should be concerned about......


2. Duties of Teacher.

2-1 During the term of this contract, the teacher shall cooperate with the Employer and comply with the duties as specified:

i. EFL instructor of the employer�s program
ii. Curriculum design and implementation
iii. Development of educational programs and materials
iv. Out of classroom activities for/with students
v. Recording and reporting work on students� activities
vi. Attendance at/or orientation/staff meeting/workshops.
vii. Other work related activities, as agreed upon by the Teacher.

2-2 The teacher shall not use the intellectual property and know-how of the school program through employment for any business purpose either directly or indirectly.

2-3 The teacher will not be allowed to arrange private lessons outside the place of employment without permission of the Employer.

3. Salary, Insurance and Tax.

3-1 A guaranteed monthly salary of 2,000,000won will be paid at ____th of each month in cash or directly deposited to the teacher�s bank account.

3-2 Employer will pay 50% of the teacher�s insurance premium and the employee will pay the remaining 50%. The average premium will be in the range of 1.7% of monthly salary
.
3-3 Income tax will be deducted from teacher�s salary as set forth by Korean law (Approx 5%).

3-4 The pay period shall begin on the first teaching day, as is defined by the teaching hours. Any time spent in preparation or observation prior to actual teaching is unpaid time, and will therefore not be included in the pay period.

3-5 This salary will be paid monthly, 10 days after the completion of each working month.

4. Working Hours.

4-1 Classes will be held from Monday to Friday during regular sessions.

4-2 The Employee will be required to work at the times the Employer shall direct.
(2:00 P.M ~ 9:00 P.M) But during intensive summer (July-August:4weeks) and winter (January-Febuary:5weeks) sessions, will be changed time table to 9:00AM � 7:00PM(The employee will be paid over time charge.)

4-3 Only the time worked in excess of contract hours will be considered as overtime. The Employee�s overtime pay will be (18,000)Won per (50) minutes.

5. Transportation

5-1 The Employer will purchase for the Employee a one-way economy class air ticket to Korea from a main international airport in the country/city where the Employee resides and from which he/she was hired. After completing a one-year contract the Employee will be provided with a return economy class air ticket. The Employee hired in Korea or come to Korea without working visa shall have the visa trip to Japan paid for by the Employer.


5-2 In the case of dismissal or voluntary resignation before the end of the specified contract, teacher must pay back the full cost of the flight ticket, all travel expenses, insurance premiums.
In addition, in the case of voluntary resignation, teacher agrees to no less than 60 days notice. Provided forever before any such dismissal, Employee shall be warned of dissatisfaction with performance and shall be afforded at least twenty(20) working days in which to ready the situation.

6. Severance Payment.

Upon completion of the contract the teacher will receive one month�s salary million Won, as severance payment.

7. Vacation and Holidays.

The Employee will have (a) public holidays detailed in a yearly calendar (in total approximately 14 days) (b) 10 days paid vacation (Summer 5days/Winter 5days) But paid vacations have to follow institute schedule, If the Employee wishes to take different dates from institute�s, he/she must get a permission from the Employer at least a two-month notice before taking a vacation

8. Housing.

The employer will provide the employee with a furnished private one or two bed room apartment consisting of, but not limited to, base appliances.( TV, refrigerator, washing machine, bed, linen, kitchen Utensils, telephone, internet, air conditioner,�) The employee will pay the cost of utilities.( water Gas, telephone bill, TV�). The employer will ensure that the apartment is clean. In return for a furnished apartment, the employee agrees to respect and care for the apartment , with the exception of normal repairs..


9. Dismissal or Voluntary Resignation and Penalty.

9-1 The employer will have the right to dismiss the teacher in case of neglect of duties within this contract, including frequent absences from the place of employment without any notice, the inability to perform duties, and actions that reflect badly on the reputation of the employer.

9-2 If a dispute or grievance between the teacher and employer occurs, both parties agree to informal discussion to resolve these matters amicably.

9-3 In the case of dismissal, the employer will not be responsible for the teacher�s return ticket and severance payment�.

10. Emergency Leave.

10-1 The teacher, after completing six months of employment, can be entitled to have five days of special leave.

10-2 Special leave may be taken based on the two parties agreement only when:
the teacher is seriously sick. The teacher suffers a bereavement of an immediate family member.

10-3 Special leave shall be paid at the ordinary rate of pay.

11. Governing Law and jurisdiction.
This contract will be governed by the appropriate laws of the Republic of Korea as well as by international law

[huffdaddy]

[alabamaman]

2. Duties of Teacher.

2-1 During the term of this contract, the teacher shall cooperate with the Employer and comply with the duties as specified:

i. EFL instructor of the employer�s program
ii. Curriculum design and implementation
iii. Development of educational programs and materials


iv. Out of classroom activities for/with students

You may want to get some clarification as to what activities 2 iii is referring to, and get them in writing in your contract.

v. Recording and reporting work on students� activities

You may want to get some clarification as to how often you recording, and reporting work on student's activities. Are these report cards? If so, then how often are you required to do? Who do you turn them into?

vi. Attendance at/or orientation/staff meeting/workshops.

Orientation is par for the course in alot of contracts I've seen on Dave's, although hagwon owners usually forget one thing. If you don't have an E2 Visa, then you cannot participate in any work related activities or work for your employer until Korean Immigration Officials have issued you and E2 Visa. Workshops, meetings, and orientation would be out of the picture. When you do get your E2 Visa, then workshops would count towards full monthly pay. There would be no reason to take a pay cut whatsoever. Workshops, from what I've heard, are scheduled on Saturdays. You should be paid overtime.


vii. Other work related activities, as agreed upon by the Teacher.


2-2 The teacher shall not use the intellectual property and know-how of the school program through employment for any business purpose either directly or indirectly.

2-3 The teacher will not be allowed to arrange private lessons outside the place of employment without permission of the Employer.

The employer is giving you permission to engage in illegal activities. Omit 2-3 becuase you may, and could wind up in hot water if caught given private lessons outside your place of employment.

3. Salary, Insurance and Tax.

3-1 A guaranteed monthly salary of 2,000,000won will be paid at ____th of each month in cash or directly deposited to the teacher�s bank account.

3-2 Employer will pay 50% of the teacher�s insurance premium and the employee will pay the remaining 50%. The average premium will be in the range of 1.7% of monthly salary
.
3-3 Income tax will be deducted from teacher�s salary as set forth by Korean law (Approx 5%).

3-4 The pay period shall begin on the first teaching day, as is defined by the teaching hours. Any time spent in preparation or observation prior to actual teaching is unpaid time, and will therefore not be included in the pay period.

3-5 This salary will be paid monthly, 10 days after the completion of each working month.

4. Working Hours.

4-1 Classes will be held from Monday to Friday during regular sessions.

4-2 The Employee will be required to work at the times the Employer shall direct.
(2:00 P.M ~ 9:00 P.M) But during intensive summer (July-August:4weeks) and winter (January-Febuary:5weeks) sessions, will be changed time table to 9:00AM � 7:00PM(The employee will be paid over time charge.)

4-3 Only the time worked in excess of contract hours will be considered as overtime. The Employee�s overtime pay will be (18,000)Won per (50) minutes.

5. Transportation

5-1 The Employer will purchase for the Employee a one-way economy class air ticket to Korea from a main international airport in the country/city where the Employee resides and from which he/she was hired. After completing a one-year contract the Employee will be provided with a return economy class air ticket. The Employee hired in Korea or come to Korea without working visa shall have the visa trip to Japan paid for by the Employer.


5-2 In the case of dismissal or voluntary resignation before the end of the specified contract, teacher must pay back the full cost of the flight ticket, all travel expenses, insurance premiums.
In addition, in the case of voluntary resignation, teacher agrees to no less than 60 days notice.

Personally, I would see if you could chop this down to 45 days

Provided forever before any such dismissal, Employee shall be warned of dissatisfaction with performance and shall be afforded at least twenty(20) working days in which to ready the situation.

Article 32 of the LSA states 30 days, and keep everything in line with Korean Labor Laws in this clause.

6. Severance Payment.

Upon completion of the contract the teacher will receive one month�s salary million Won, as severance payment.



7. Vacation and Holidays.

The Employee will have (a) public holidays detailed in a yearly calendar (in total approximately 14 days) (b) 10 days paid vacation (Summer 5days/Winter 5days) But paid vacations have to follow institute schedule, If the Employee wishes to take different dates from institute�s, he/she must get a permission from the Employer at least a two-month notice before taking a vacation

8. Housing.

The employer will provide the employee with a furnished private one or two bed room apartment consisting of, but not limited to, base appliances.( TV, refrigerator, washing machine, bed, linen, kitchen Utensils, telephone, internet, air conditioner,�) The employee will pay the cost of utilities.( water Gas, telephone bill, TV�). The employer will ensure that the apartment is clean. In return for a furnished apartment, the employee agrees to respect and care for the apartment , with the exception of normal repairs..

Good

9. Dismissal or Voluntary Resignation and Penalty.

9-1 The employer will have the right to dismiss the teacher in case of neglect of duties within this contract, including frequent absences from the place of employment without any notice, the inability to perform duties, and actions that reflect badly on the reputation of the employer.

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.

Justifiable reasons refer to gross negligence, violations of Korean law, and serious violations. I've always believed that a termination clause should conform with such language, but it would be a tought sell in my opinion. It says, "the inability to perform duties, and actions that reflect badly on the reputation of the employer." Could this contractual language refer to any medical situation that should be clarified in the above dismissal clause?


Err on the side of caution when you see contractual language stating, "The employer will have the right to dismiss the teacher in case of neglect of duties within this contract, including frequent absences from the place of employment without any notice, the inability to perform duties, and actions that reflect badly on the reputation of the employer."

Your employer is required per Korean Labor Laws to issue you an Advance Notice of Dismissal, and there are exceptions noted below. Read further exceptions in the Labor Standards Act.

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.

9-2 If a dispute or grievance between the teacher and employer occurs, both parties agree to informal discussion to resolve these matters amicably.

There should be contractual language stating

9-3 In the case of dismissal, the employer will not be responsible for the teacher�s return ticket and severance payment�.

9-4 They didn't include contractual language specifying when you can terminate your labor contract. Refer 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.

10. Emergency Leave.

10-1 The teacher, after completing six months of employment, can be entitled to have five days of special leave.

Special Leave: "Emergency Leave"


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 separate from annual leave days as well as paid sick leave days. Emergency leave is for a major death in the family, and your employer will require proof.


10-2 Special leave may be taken based on the two parties agreement only when: the teacher is seriously sick. The teacher suffers a bereavement of an immediate family member.

Paid sick days

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



10-3 Special leave shall be paid at the ordinary rate of pay.

11. Governing Law and jurisdiction.
This contract will be governed by the appropriate laws of the Republic of Korea as well as by international law

[Natebomb]

Awesome, thanks guys!! Don't know what most people would do without you!

[white tiger]