Korean Job Discussion Forums

[Natebomb]

Hey guys, I've received yet another contract and I'm really thinking about accepting this one and going to this school. Now, there are 3 things I noticed about it and I'm wondering, should I address all of them or are the required by law and I should be ok? First is the absence of an overtime rate, although its stated when overtime is paid. Second is an absence of any mention of pension....this one worries me as I'm scared that if I don't have it on there I might get screwed. Lastly is the fact that there isn't a list of furnishings for the apt. and I've been told that it is a 3 storey, 2 bath house, (couples position), so having that unfurnished would be brutal! Anyway, on with the contract, any help would be most appreciated!!!


This contract will be valid for a period of 12months beginning ___ Oct.09.2006 and ending _ Oct.08.2007 .

본 계약서는 _Oct.09.2006 __ 부터 __ Oct.08.2007 _ 까지 12

2. CONDITIONS OF EMPOLYMENT

a). The Employee will act in an appropriately professional manner and be responsible for conducting professional English Language classes.


b). The Employee will be required to work for regularly scheduled hours from Monday to Friday, Each teaching hour in excess of 30 hours a week is considered as overtime.


c). Classes and teaching hours are scheduled at the institute's sole discretion. Working hours are 6.5 hours per a day. The employee has to keep the working hours.

d). The Employee is required to go through an orientation and raining program before starting Employment.

3. SERVICES PROVIDED BY THE EMPLOYER

a). PAYMENT & TAX 급여 지급
The Employer will pay a monthly salary of _2,200,000 __won for regularly scheduled hours which we mentioned on the page 1 worked. (Payment of salary commences from the first day of teaching. But employee will be paid on the 15th of the each teaching month.)

b). The Employer may ask the Employee to work over time (the Employee has an option to refuse and will not be forced)


c). Tax for income will be deducted from the salary according to the Korean tax law, and The Employer will provide the Employee the receipt for this.


4. HOUSING

The Employer will provide the Employee a furnished Single housing and the Housing will be provided at no cost to the Employee with the exception of maintenance and phone bills.
A two-person apartment/house will be provided for a couple, if both are teaching at the Institute.


5. AIRFARE

Employer shall provide round-trip ticket. In the event that INSTRUCTOR willfully leaves the Employer before completion of his/her contract, Employer is not responsible for the return airfare. If INSTRUCTOR willfully leaves the Employer before 6 months, INSTRUCTOR must payback the initial airfare and EMPLOYER may deduct the said airfare from Instructor's last pay.


6. MEDICAL INSURANCE (건강 보험)

The half of the insurance premium will be paid by the Employee and the other half by the Employer.


7. SEVERANCE PAY (퇴직금)

Upon completion of this contract, the Employer will pay one month's salary as a severance payment to the Employee. This payment will be made at the time of completion of the contract period.


8. VACATION

a). The Employee may have 10-working days as paid vacation per year, which will be organized by the institute. (Days in which the Employee does not regularly work i.e., Saturdays, Sundays and National Holidays are not to be considered as part of the vacation period)


b). Employee's paid sick leave during the Term of Employment shall not exceed three (3) calendar days. (a doctor's invoice with the diagnosis and prognosis is required to be paid for sick days.)


9. RENEWAL & TERMINATION OF CONTRACT


a). RENEWAL (재계약)

The Employee must give the Employer a written 60-day notice before renewal or non-renewal of the Employee's current contract.


b). Both the Employer and the Employee reserve the option to renew the contract.


c). TERMINATION OF CONTRACT (계약 파기)
Both parties will give at least a written 60-day notice prior to the termination date of the contract.


d). The Employer retains the right to terminate the contract
immediately if:


* The Employee is unable to discharge the responsibilities or meet the conditions such as being late for class on a continuous basis, continuous failure to keep regularly scheduled class hours and repeated absences from classes without a valid reason.


*.The Employee teaches a private class outside of the school.

*. The Employee participates in any type of criminal activity of corruption of public morals which violates the laws of the Republic of South Korea.


If, for any reason, the contract is terminated before the full completion of the contract period:

The Employee will not qualify for benefits such as severance pay and the airfares.


The Employee will be wholly responsible for any /maintenance and phone bills remaining for the duration of their housing lease.


Within 14-days the Employee is required to sign a notice of termination and accompany the employer to the Korean Immigration office to notify the Korean Immigration office of the termination.


10. GOVERNING LAW & JURISDICTION


a). This contract is governed by the low of the Republic of Korea.


b). This contract is made final and firm unless any material modification or amendment to this contract is executed with the full knowledge and consent of the undersigned and incorporated into this contract.

[alabamaman]

This contract will be valid for a period of 12months beginning ___ Oct.09.2006 and ending _ Oct.08.2007

Contractual language stating you will work for your employer as well as participate in any work related activities once you have been issued your E2 Visa from Korean Immigration Officials.

본 계약서는 _Oct.09.2006 __ 부터 __ Oct.08.2007 _ 까지 12

2. CONDITIONS OF EMPOLYMENT

a). The Employee will act in an appropriately professional manner and be responsible for conducting professional English Language classes.

b). The Employee will be required to work for regularly scheduled hours from Monday to Friday, Each teaching hour in excess of 30 hours a week is considered as overtime.

What are your establish working hours going to be throughout the contract period?

How long is each class taught throughout the contract period?

You ought to establish a definition of a "classroom hour."

c). Classes and teaching hours are scheduled at the institute's sole discretion. Working hours are 6.5 hours per a day. The employee has to keep the working hours.

d). The Employee is required to go through an orientation and raining program before starting Employment.

If you don't have your E2 Visa then you're in direct violation of Korean Immigration Policies if you participate in any work related activities or work for your employer.

3. SERVICES PROVIDED BY THE EMPLOYER

a). PAYMENT & TAX 급여 지급
The Employer will pay a monthly salary of _2,200,000 __won for regularly scheduled hours which we mentioned on the page 1 worked. (Payment of salary commences from the first day of teaching. But employee will be paid on the 15th of the each teaching month.)

In my opinion you should always ask to be paid on the last day of each working month throughout the contract period, and settle for no later than the 5th of the following month. How many foreigners have pulled "runners" from this school?

b). The Employer may ask the Employee to work over time (the Employee has an option to refuse and will not be forced)

There should also be contractual language stating you will be paid overtime for hours worked on Saturdays, and hours outside your established working hours in the labor contract.

c). Tax for income will be deducted from the salary according to the Korean tax law, and The Employer will provide the Employee the receipt for this.

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 ?

Your boss should be deducting 39,800 Korean Won throughout the contract period.

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)

49,280 Korean Won

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

147,840 Korean Won

When will your employer enroll you in the KNHIP?

When will you recive your KNHIP Medical Insurance Card?

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)?

99,000 Korean Won

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)?

99,000 Korean Won

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


4. HOUSING

The Employer will provide the Employee a furnished Single housing and the Housing will be provided at no cost to the Employee with the exception of maintenance and phone bills.
A two-person apartment/house will be provided for a couple, if both are teaching at the Institute.

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.

5. AIRFARE

Employer shall provide round-trip ticket. In the event that INSTRUCTOR willfully leaves the Employer before completion of his/her contract, Employer is not responsible for the return airfare. If INSTRUCTOR willfully leaves the Employer before 6 months, INSTRUCTOR must payback the initial airfare and EMPLOYER may deduct the said airfare from Instructor's last pay.

Airfare reimbursements should be waived after 6 months of employment.

6. MEDICAL INSURANCE (건강 보험)

The half of the insurance premium will be paid by the Employee and the other half by the Employer.

Refer to KNHIP earlier

7. SEVERANCE PAY (퇴직금)

Upon completion of this contract, the Employer will pay one month's salary as a severance payment to the Employee. This payment will be made at the time of completion of the contract period.


8. VACATION

a). The Employee may have 10-working days as paid vacation per year, which will be organized by the institute. (Days in which the Employee does not regularly work i.e., Saturdays, Sundays and National Holidays are not to be considered as part of the vacation period)

There are alot of hagwons that issue 5 days in the summer, and 5 days in the winter. Get the vacation issue clarified! Get it in writing in your contract.


b). Employee's paid sick leave during the Term of Employment shall not exceed three (3) calendar days. (a doctor's invoice with the diagnosis and prognosis is required to be paid for sick days.)

Doctors invoice


9. RENEWAL & TERMINATION OF CONTRACT


a). RENEWAL (재계약)

The Employee must give the Employer a written 60-day notice before renewal or non-renewal of the Employee's current contract.

45 day written notice that should be signed by yourself, witness, employer, dated, and stamped by your employer with the institutional seal.

b). Both the Employer and the Employee reserve the option to renew the contract.

c). TERMINATION OF CONTRACT (계약 파기)
Both parties will give at least a written 60-day notice prior to the termination date of the contract.

Korean labor laws states your employer must give 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.

You will not be issued an Advance Notice of Dismissal until you have completed 6 months of your labor contract.

Refer to the following website for more information on exceptions regarding Advance Notice of Dismissals.

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

Furthermore, the Advance Notice of Dismissal should be signed by yourself, one witness, your boss, dated, and stamped by your boss with the institutional seal.


There was no contractual language specifying when you can terminate the labor contract. Refer to Article 26 of the Labor Standards Act.


d). The Employer retains the right to terminate the contract
immediately if:


* The Employee is unable to discharge the responsibilities or meet the conditions such as being late for class on a continuous basis, continuous failure to keep regularly scheduled class hours and repeated absences from classes without a valid reason.


*.The Employee teaches a private class outside of the school.

*. The Employee participates in any type of criminal activity of corruption of public morals which violates the laws of the Republic of South Korea.


If, for any reason, the contract is terminated before the full completion of the contract period:

The Employee will not qualify for benefits such as severance pay and the airfares.


The Employee will be wholly responsible for any /maintenance and phone bills remaining for the duration of their housing lease.


Within 14-days the Employee is required to sign a notice of termination and accompany the employer to the Korean Immigration office to notify the Korean Immigration office of the termination.

In my opinion, I would change this to "letter of release" instead a letter of termination.

10. GOVERNING LAW & JURISDICTION


a). This contract is governed by the low of the Republic of Korea.


b). This contract is made final and firm unless any material modification or amendment to this contract is executed with the full knowledge and consent of the undersigned and incorporated into this contract.

[/quote]


*Paydate 15th
*Undefined working hours
*Income Tax deductions were not specified
*Korean Pension Fund deductions were not specified
*KNHIP deductions were not specified

Note: 3-5 were extremly vage clauses

*Housing clause didn't specify what apartment should be furnished with
*60 day notice before dismissal/resignation issues
*There was no emergency leave
*No contractual language specifying when you can terminate contract
*There was no clause for overtime unless I missed it
*There was no clause for a dress code

[Grotto]

본 계약서는 _Oct.09.2006 __ 부터 __ Oct.08.2007 _ 까지 12

2. CONDITIONS OF EMPOLYMENT

its employment...kind of funny to have a typo at the top

a). The Employee will act in an appropriately professional manner and be responsible for conducting professional English Language classes.


b). The Employee will be required to work for regularly scheduled hours from Monday to Friday, Each teaching hour in excess of 30 hours a week is considered as overtime.

whats a teaching hour?


c). Classes and teaching hours are scheduled at the institute's sole discretion. Working hours are 6.5 hours per a day. The employee has to keep the working hours.

contradicts clause b)! 5x6.5=32.5....not 30. Also never ever agree to the bolded...you are leaving yourself open for splits and a whole world of pain! 2-8 or 3-9 get set hours

d). The Employee is required to go through a paid orientation and training program before starting Employment.

3. SERVICES PROVIDED BY THE EMPLOYER

a). PAYMENT & TAX 급여 지급
The Employer will pay a monthly salary of _2,200,000 __won for regularly scheduled hours which we mentioned on the page 1 worked. (Payment of salary commences from the first day of teaching. But employee will be paid on the 15th of the each teaching month.)

so you get paid on the 15'th of August for teaching in August? OR do you get paid for August on the 15'th of September? If so not acceptable! There is no need for them to hold your salary hostage for half a month!

b). The Employer may ask the Employee to work over time (the Employee has an option to refuse and will not be forced)


c). Tax for income will be deducted from the salary according to the Korean tax law, and The Employer will provide the Employee the receipt for this.

check monthly withholding tax to ensure the correct amount is being taken off

4. HOUSING

The Employer will provide the Employee a furnished Single housing and the Housing will be provided at no cost to the Employee with the exception of maintenance and phone bills.
A two-person apartment/house will be provided for a couple, if both are teaching at the Institute.


5. AIRFARE

Employer shall provide round-trip ticket. In the event that INSTRUCTOR willfully leaves the Employer before completion of his/her contract, Employer is not responsible for the return airfare. If INSTRUCTOR willfully leaves the Employer before 6 months, INSTRUCTOR must payback the initial airfare and EMPLOYER may deduct the said airfare from Instructor's last pay.
'
change 'and' to 'or'


6. MEDICAL INSURANCE (건강 보험)

The half of the insurance premium will be paid by the Employee and the other half by the Employer.


7. SEVERANCE PAY (퇴직금)

Upon completion of this contract, the Employer will pay one month's salary as a severance payment to the Employee. This payment will be made at the time of completion of the contract period.


8. VACATION

a). The Employee may have 10-working days as paid vacation per year, which will be organized by the institute. (Days in which the Employee does not regularly work i.e., Saturdays, Sundays and National Holidays are not to be considered as part of the vacation period)
'
change 'may' to 'will'


b). Employee's paid sick leave during the Term of Employment shall not exceed three (3) calendar days. (a doctor's invoice with the diagnosis and prognosis is required to be paid for sick days.)

if employee misses two or more consecutive days a doctors note is required


9. RENEWAL & TERMINATION OF CONTRACT


a). RENEWAL (재계약)

The Employee must give the Employer a written 60-day notice before renewal or non-renewal of the Employee's current contract.


b). Both the Employer and the Employee reserve the option to renew the contract.


c). TERMINATION OF CONTRACT (계약 파기)
Both parties will give at least a written 60-day notice prior to the termination date of the contract.

fair enough....they are offering the same.

d). The Employer retains the right to terminate the contract
immediately if:

unless its a criminal charge they still need to give the minimum 30 days notice

* The Employee is unable to discharge the responsibilities or meet the conditions such as being late for class on a continuous basis, continuous failure to keep regularly scheduled class hours and repeated absences from classes without a valid reason.

*.The Employee teaches a private class outside of the school.

*. The Employee participates in any type of criminal activity of corruption of public morals which violates the laws of the Republic of South Korea.


If, for any reason, the contract is terminated before the full completion of the contract period:

The Employee will not qualify for benefits such as severance pay and the airfares.


The Employee will be wholly responsible for any /maintenance and phone bills remaining for the duration of their housing lease.


Within 14-days the Employee is required to sign a notice of termination and accompany the employer to the Korean Immigration office to notify the Korean Immigration office of the termination.


10. GOVERNING LAW & JURISDICTION


a). This contract is governed by the low of the Republic of Korea.


b). This contract is made final and firm unless any material modification or amendment to this contract is executed with the full knowledge and consent of the undersigned and incorporated into this contract

pension as you said, you really really want a set schedule! fix the sick leave clause and change a few of those words...'may' should never be used in a contact! set an overtime rate of 25,000 won an hour