Korean Job Discussion Forums

[lewstherin]

Hello everyone.

My wife and I intend to come to Korea to teach ESL starting in January. We've been looking at several different contracts. One that we're seriously considering is a contract to teach adults at a Pagoda in Seoul. I have my MA (in Public Policy) and some experience substitute teaching (mostly middle-schoolers). My wife has her BA (in Spanish) at 3 years of teaching ESL to both adults and children.

I've been looking through the contract and there are a few things I have questions about. I was wondering if any one of y'all would be willing to help me out and take a look at the contract, too, and give me your opinion. Thanks a lot.




The Contract


PAGODA FOREIGN
LANGUAGE INSTITUTE
1st Year
EMPLOYMENT AGREEMENT
SEOUL
Pagoda Foreign Language Institute
Seoul, Korea
Pagoda Foreign Language Institute
Employment Agreement
DEPARTMENT: SLE/PIP
POSITION: Instructor
The following employment agreement is made between the following parties as listed and supersedes any previous
agreement made between the parties.
EMPLOYER EMPLOYEE
Pagoda Foreign Language Institute XXXXX, XXXX
Seoul (XXXXXX) XXXX
I. BACKGROUND
1. The Employer is duly incorporated, organized and existing under the laws of the Republic of Korea.
2. The Employer is of the opinion that the Employee has the necessary qualifications, experience, and abilities to
assist and benefit the Employer in its business.
3. The Employer desires to employ the Employee and the Employee has agreed to enter into such employment under
the terms and conditions set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set out in this Agreement,
which have been considered sufficient, the Parties to this Agreement agree, as follows.
II. TERM OF AGREEMENT:
1. The Employee will commence employment with the Employer on the 1st day of XXXX XXXX (�the
Commencement Date�). Subject to termination as provided for in this Agreement (Cf. art. 52 -64), the term of this
Agreement will be in effect for a period of one year, starting on the Commencement Date, and ending on the 31st
day of XXXX XXXX (the �Expiration Date�).
2. The Employee is required to report in person to the Employer�s main branch in Kangnam no later than 5 days prior
to the start of his/her first day of teaching.
III. RENEWAL OF AGREEMENT:
1. The Employer reserves the option to renew the employment agreement, provided that the Employee agrees to the
renewal.
2. The Employer will give the Employee a forty-five (45) day notice before renewal or non-renewal of the
Employee's current employment agreement.
3. The Employee will inform the Employer of their intentions and/or desire to resign or extend this agreement a full
sixty (60) days before the expiration date.
4. Various provisions of this Agreement extend past termination or expiration of this Agreement.
IV. TRAINING PERIOD
1. The employee will be required to report at least five (5) days prior to his/her first day of teaching. He/She will
be required to go through an orientation and training program for two (2) to five (5) days. As part of the training,
the employee will be required to attend and observe a minimum of five (5) to ten (10) SLE/PIP classes in progress,
as assigned by the SLE personnel, during his/her orientation period. The employee is also required to teach five
(5) practice classes as part of their training.
2. The new Employee will be paid 25,000 won for 1 day of orientation and 15,000 won for observing five (5) to ten
(10) classes. New Employees will receive this pay on the 10th of their first teaching month.
V. POSITION & DUTIES
1. The Employer will employ the Employee as an English Language Instructor to conduct professional, well-planned
English language classes as specified in the Policy and Procedures Manual.
2. The Employee will conduct himself/herself and dress in a manner befitting and conducive to the professional
environment of the Employer, and as stipulated in the Policy and Procedures Manual.
3. The Employee will abide by the Employer�s rules, regulations, and practices, including those concerning work
schedules, split shifts, and vacation, as stipulated in the Policy and Procedures Manual, and as they may from time
to time be adopted or modified.
4. The Employee is also required to attend retraining sessions and workshops throughout the term of his/her
employment agreement should the Head Teacher, SLE/PIP Manager or Academic Department deem them
necessary to improve the employee�s professional abilities. The employee will not be paid for these.
5. The Employee will be subject to the general supervision of and act pursuant to the orders, advice, and direction of
the Employer, including, without limitation, warnings, both verbal and written, and retraining at the Employer�s
request. The Employer will not be required to provide any compensation, monetary or otherwise, to the
Employee for retraining.
6. The Employee will to be subject to periodic reviews of his/her job performance, including in-class assessments
and monthly evaluations as described in the Policy and Procedures Manual. As part of reviews of his/her job
performance, the Employee agrees to submit all required documents, including class syllabi and class materials,
when requested to do so by the Employer.
7. The Employee will cooperate fully with and implement as required any and all changes to Policy and Procedures
or Programs that are instituted by the Employer.
8. The Employee will devote full-time efforts to his/her duties as an Employee of the Employer.
9. Any and all other employment, whether alone or jointly with others, beyond the scope of this Agreement,
including private tutoring, without the written consent of the Employer, is contrary to Korean law and shall be
considered a direct breach of this Agreement and sufficient grounds for immediate termination of this Agreement
without notice. Termination of this Agreement in such cases will not preclude any legal action against the
Employee on the part of the Employer or the government of the Republic of Korea.
10. The Employee will be required to pay back any discounts or tuition fees refunded to students that withdrew from a
class because of the Employee�s unexcused or unannounced absences, tardiness or misconduct. Employees will
also be required to schedule a make up class with his/her students.
11. During the course of the year, the Employee will be required to attend all official meetings called by their Head
Teacher, SLE/PIP Manager or Academic Department.
12. The Employee must punch-in fifteen (15) minutes before one�s designated shift starts.
13. Employees will not be tardy for any class or meeting. If the Employee is late, they will be fined W1,000 per
minute. All penalties will be deducted from the Employee�s salary.
14. All Employees are required to punch-in/out using their Time Cards.
VI. EMPLOYEE COMPENSATION & HOURS
1. The Employee is required to honor the Employer�s request to teach minimum four (4) hours up to eight (
hours/day, twenty (20) days/month for a total of eighty (80) to one hundred sixty (160) teaching hours per month.
This will not include hours that the Employee works performing Student Placement Interviews, SSC, PSC or
weekend classes. The teaching hours will be paid at the rate of W18,000 per hour for SLE classes, W18,000 +
W2,000 per hour for Pagoda Intensive Program (PIP) conversation and reading classes, W18,000 + W4,000 per
hour for PIP writing classes, W18,000 + W4,000 per hour for PIP advance classes and W18,000 + W1,000 per
hour for Business English classes. Saturday classes will be paid at an amount equal to forty percent (40%) of the
total class tuition for one month. The Employee has the right to refuse to teach more than eight ( hours/day,
twenty (20) days/month for a total of 160 teaching hours per month. Such refusal will not be grounds for
termination of the employment agreement, but may be taken into account in reviews of the Employee�s job
performance and possibly be considered grounds for non-renewal of this Agreement. (Chapter 4 Article 49 of the
Korean Labor Law)
2. The Employee is required to teach a minimum two (2) months of Saturday classes during the duration of this
agreement and may be required to conduct five (5) hours of Student Placement Interviews every month upon
completing their six (6) month of teaching at the request of the Head Teacher or SLE Manager. Interviews, PSC
and SSC will be paid at his/her hourly pay. The Employer will pay the Employee a minimum guaranteed salary of
W21,600,000 per annum during the period of the employment agreement.
3. Any monies due to the Employee for one full month of work will be paid on the tenth (10) of the following month.
If, due to civic holidays or other circumstances, it is impossible to pay compensation to the Employee on this day,
the Employer shall pay compensation no earlier than one (1) day before and no later than two (2) days after the
tenth (10) of the month.
4. The Employer is entitled to deduct from the Employee�s compensation any applicable deductions and remittances
as required by Korean law. Such deductions will be fully disclosed to the Employee and made available for
his/her review.
5. Severance pay will be paid upon the full completion of the one-year employment agreement period and full
discharge of the duties as per the Employment Agreement. Severance pay will be paid within fourteen (14) days
following the completion of the employment agreement. Pay received in the form of a percentage of tuition will
not be included in severance pay (i.e. Saturday classes).
VII. COMPENSATION INCREASES
1. The Employee will be eligible for a pay increase after six (6) months� employment under this Agreement. This
pay increase will be determined based on job performance, as stipulated in the Policy and Procedures Manual, and
will be solely at the discretion of the Employer.
2. The Employee will be eligible for a further pay increase after twelve (12) months� employment under this
Agreement, provided that both Parties agree to the renewal of this Agreement or sign a new Agreement. This
pay increase will be determined based on job performance, as stipulated in the Policy and Procedures Manual, and
will be solely at the discretion of the Employer.
3. Employee�s teaching PIP will be eligible for up to a W500 per hour raise after a three (3) month probationary
period. The raise will be conditional on the Employee achieving an average evaluation score of ninety-five (95)
or more for the duration of the probationary period.
VIII. AIR FARE
1. If the Employee is residing outside of Korea when this Agreement is signed, the Employer will reimburse the
Employee within fifteen (15) days upon receiving the original receipt or prepay the cost of an economy class oneway
airplane ticket, on a carrier of the Employer�s choosing, to Seoul from the city in which the Employee is
residing. This reimbursement is dependent on the Employee having a working E-2 Visa with the Employer
before entering Korea. All decisions regarding this ticket, including route, stopovers, and class, will be made
solely at the Employer�s discretion. Beyond the airfare and applicable sales taxes, the Employer will not be
responsible for reimbursing the Employee for any other expenses incurred while traveling pursuant to the
Employer�s directions.
2. If the Employee is residing in Korea when this Agreement is signed, the Employer will provide the Employee with
a round-trip airplane ticket to Japan, on a carrier of the Employer�s choosing, for the sole purpose of obtaining
work visas and related documents necessary to fulfill the terms of this Agreement. All decisions regarding this
ticket, including route, stopovers, and class, will be made solely at the Employer�s discretion. Beyond the airfare
and applicable sales taxes, the Employer will not be responsible for reimbursing the Employee for any other
expenses incurred while traveling pursuant to the Employer�s directions. (Visa application fees)
IX. TEMPORARY ACCOMMODATIONS
1. The Employer will pay for the lodging for the first five (5) nights of the Employee's stay in Seoul at a facility
chosen by the Employer. After five (5) days of lodging, the employee will be completely responsible for all
lodging costs. If the Employee or Employer terminates this employment agreement at any time the Employee will
be responsible for reimbursing the Employer the cost of the lodging. This will apply to those who have already
obtained an E-2 VISA with the Employer. The Parties agree to cooperate in good faith to expediently locate
suitable permanent housing for the Employee as soon after the Employee�s arrival in Korea as possible.
X. HOUSING
1. The Employer will pay up to W5,000,000 as a housing deposit on an apartment of the Employee's choosing after a
lease agreement has been signed by the Employee. The housing deposit will be returned to the Employer at the
expiration of the housing lease, employment agreement or upon the termination of the employment agreement. If
the Employer pays the housing deposit then the Employer will provide the Employee with a W100,000/month
housing allowance. The Employer will also provide certain furniture items for the Employee's apartment, which
will include but not necessarily be limited to a bed, mattress, refrigerator, gas stove, washer, and wardrobe. All
furniture, in the condition in which it was received, and the housing deposit in full, must be returned to the
Employer upon expiration or termination, as the case may be, of this Agreement.
2. If the Employee would like to change his/her housing during the current lease with his/her landlord, the Employee
is required to notify both the landlord, the Housing Manager and SLE Manager of his/her intention to move at
least sixty (60) days prior to the scheduled date of move. The Employee is solely responsible for continued
payments of rent and/or maintenance fees until his/her lease has expired or till the Employee or landlord finds
another tenant to take over his/her lease. The Employer will not pay the Employee any housing deposit for the
new housing until the landlord releases the original housing deposit.
3. The Employer will be responsible for picking up or arranging pick up for the Employee and their belongings who
are arriving on a flight arranged and/or approved by the Employer and who are in possession of a valid E-2 Visa
(not applicable to Employees returning from a Visa run).
4. The Employer will also be responsible for any real estate agent costs up to W150,000 that apply to and only to the
Employee�s initial place of residency and as long as the housing lease is made between the Employer and the real
estate agency. If the Employee moves or terminates their initial lease they will be solely responsible for related
moving costs and real estate agent fees.
5. The Employee will be required to pay the first month�s rent at the signing of the lease (approx W400,000 �
W600,000).
6. The Employee is solely responsible for the payment of all rent and utilities for his/her permanent housing for the
full lease term. All applicable laws with regard to their rights and obligations further bind the Employee as a
tenant. If the Employee fails to make payment for two (2) consecutive months then Employer will automatically
withdraw from the Employee�s salary an amount equivalent to but not exceeding the Employee�s monthly rent,
maintenance fees and utilities and will continue to do so for the remainder of the lease period.
7. Upon expiration or termination, as the case may be, of this Agreement, Employees are required upon the
completion of the housing contract to return apartment keys to the Housing Manager or Landlord. Employees will
be asked to allow the Housing Manager or Landlord to show their apartment to potential new tenants prior to the
completion of their housing lease.
8. Upon expiration or termination, as the case may be, of this Agreement, the Employee is wholly responsible for all
unpaid rent and accrued utility fees with respect to his/her permanent housing. With this understood the
Employee agrees to a security deposit equal to twice the monthly rent. The full amount of the deposit can be
deducted from the Employee�s first month salary or the full amount of the deposit can be deducted over four (4)
months. In addition the Employee agrees to an appropriate amount being withheld from their last payment of
compensation by the Employer. Upon expiration of the housing agreement and after all accounts have been
settled in full all monies withheld minus the amount paid out for any outstanding bills, if any, will be wired to an
account designated by the Employee, with any wiring fee paid by the Employer.
9. Upon expiration or termination of the Agreement, for any reason, whether on the part of the Employee or the
Employer, the Employee is solely responsible for remunerating the Employer for any and all real estate agent�s
fees paid by the Employer. This understood, the Employee agrees to an appropriate amount being withheld from
their last payment of compensation by the Employer.
10. If the Employee currently resides in Korea and is in a housing situation in which the housing deposit from the
Employer is not needed nor desired, the Employer will pay the Employee a monthly housing allowance of W
250,000.
11. An Employee who has not previously been provided a housing deposit in his/her first year contract is not eligible
to receive a housing deposit during the contract term.
XI. HEALTH INSURANCE
1. The Employer will pay 50% of the premium for National Health Insurance and the remaining 50% will be
automatically deducted from the Employee�s monthly salary. Participation in a health plan has been mandatory
by law since January 1st 2006.
XII. NATIONAL PENSION
1. Amendment #102 of the National Pension Law mandates that companies employing more than five foreign
nationals must withhold and forward the National Pension Tax from the wages of all legal aliens currently
employed. Participation is mandatory.
2. In accordance with this law, both the Employer and Employee will contribute equally towards the nine (9) percent
contribution rate. (The Employer and Employee contribute 4.5% each)
3. The contribution is calculated by multiplying the Insured Person's Standard Monthly Income by the contribution
rate. Under National Pension, the Standard Monthly Income is the amount specified within the range of fortyfive
(45) grades (1st grade [220,000 won] to 45th grade [3,600,000 won]) on the basis of the Insured Person's
monthly income. Employees are initially set at grade thirty-four (34) and then readjusted by the National
Pension office in February of the following year.
4. All Employees are eligible for a lump sum refund of all the Premiums paid, if they are from countries that have a
reciprocal agreement with Korea, and if the Employee is leaving Korea.
XIII. VACATION
1. The Employee is entitled to one (1) full month vacation during the term of this Agreement, the time for which will
be determined by mutual agreement between the Employer and the Employee.
2. Vacation can only be taken after completion of the first six (6) months of the term of this Agreement. Any and
all exceptions are at the sole discretion of the Employer.
3. Vacation cannot be taken in the last month that the Agreement is in effect, regardless of whether or not the
Agreement has been renewed. Any and all exceptions are at the sole discretion of the Employer
4. Vacation is not permitted during the peak months of July, August, January, and February. Exceptions will be
made at the sole discretion of the Employer.
5. Vacation must be taken for the full month specified. No splits or combination of vacation time will be allowed.
6. The total vacation pay per employment agreement period (1 year) will be the equivalent to forty (40) hours of
teaching at the Employee�s regular teaching rate. Any and all vacation pay will be paid to the Employee at the
expiration of a one-year employment agreement or two (2) consecutive six (6) month contracts.
7. If the employment agreement is renewed or extended any accrued vacation time will not roll over nor will it be
applicable to the new term of the employment agreement.
XIV. TERMINATION BY EMPLOYEE
1. If, for any reason, the Employee chooses to terminate the employment agreement before the full completion of the
employment agreement period, he/she must give the Employer a minimum of forty-five (45) days written notice.
2. If, for any reason, the Employee chooses to terminate the employment agreement before the full completion of the
employment agreement period, he/she will forfeit his/her severance and accrued vacation pay and will be wholly
responsible for any rent remaining for the duration of his/her housing lease. Furthermore, the Employer will
withhold from the Employee�s last month�s pay the amount equivalent to the real estate agent�s fee previously
provided to the Employee.
3. If, for any reason, the Employee chooses to terminate the employment agreement during the first six (6) months of
the term of the employment agreement, the Employer will withhold an amount equivalent to the amount of airfare
previously provided to the Employee. If, for any reason, the Employee chooses to terminate the employment
agreement after the first six (6) months and prior to the completion of the term of the employment agreement, the
employer will withhold an amount equivalent to half the amount of airfare previously provided to the Employee.
4. Within fourteen (14) days of the termination of the employment agreement by the Employee, the Employer will
withdraw his/her sponsorship of the Employee's legal alien status within the Republic of Korea and so inform the
Seoul Immigration Office.
5. The Employer reserves the right to refuse to provide the Employee with a Letter of Release, or similar documents,
if this Agreement is terminated for any reason during the first year of the Employee�s employment under this
Agreement.
XV. TERMINATION BY EMPLOYER
1. The Employer retains the right to dismiss the Employee if, for any reason during the period of the employment
agreement, the Employee is unable to meet the conditions as described in the employment agreement or is unable
to discharge the responsibilities outlined in Pagoda�s Policy and Procedures. The Employer's decision will be final
in such matters.
2. The Employer retains the right to dismiss the Employee if the Branch Manager/Academic Director deems the
quality of his/her work unsatisfactory at any time during the period of the employment agreement.
3. Use of drugs, alcohol intoxication during work hours, criminal activity or corruption of public morals will result in
immediate termination of the employment agreement. No notice period will be given. (Para VII Section C of
Pagoda�s Policy and Procedures)
4. If the Employee defrauds the government of Korea and the Employer by providing false documentation then the
Employee will have to repay all monies earned during the period of employment and expenses incurred during the
hiring and training process.
5. If, for any reason, the Employer chooses to terminate the employment agreement before the full completion of the
employment agreement period, the Employee will forfeit his/her severance and accrued vacation pay and will be
wholly responsible for any rent remaining for the duration of his/her housing lease. Furthermore, the Employer
will withhold from the Employee�s last month�s pay the amount equivalent to the real estate agent�s fee previously
provided to the Employee.
6. If, for any reason, the Employer chooses to terminate the employment agreement during the first six (6) months of
the term of the employment agreement, the Employer will withhold an amount equivalent to the amount of airfare
previously provided to the Employee. If, for any reason, the Employee chooses to terminate the employment
agreement after the first six (6) months and prior to the completion of the term of the employment agreement, the
employer will withhold an amount equivalent to half the amount of airfare previously provided to the Employee.
7. Within fourteen (14) days of the termination of the employment agreement by the Employer, the Employer will
withdraw his/her sponsorship of the Employee's legal alien status within the Republic of Korea and so inform the
Seoul Immigration Office.
8. In case of termination for any reason, the Employee is required to sign a notice of termination and accompany a
Pagoda staff member to the Seoul Immigration Office to notify the Seoul Immigration Office of the termination.
9. Notwithstanding the date of termination, the Employee will diligently execute and complete his/her employment
responsibilities to the Employer at the reasonable direction of the Employer. Failure of the Employee to
responsibly execute his/her obligations to the Employer during the notice period will be considered to be an
abandonment of his/her obligations and will be sufficient cause for immediate termination of the Employee
without compensation or notice.
10. In spite of anything contained in this Agreement to the contrary, in the event that the Employer will discontinue
operating its business at the location where the Employee is employed, then, at the Employer�s sole option, this
Agreement will terminate as of the last day of the month in which the Employer ceases operations at such location
with the same force and effect as if such last day of the month were originally set as the Expiration Date of this
Agreement.
11. In spite of anything contained in this Agreement to the contrary, the Employer has the sole option to terminate this
Agreement in the event that the Employee will, during the term of this Agreement, become unable to perform
his/her duties, for a period of thirty (30) consecutive days due to ill health, physical or mental disability or for
other causes beyond the Employer�s control.
XVI. MODIFICATION OF AGREEMENT
1. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection
with this Agreement will only be binding if evidenced in writing signed by each party or an authorized
representative of each party.
XVII. CONFIDENTIAL INFORMATION
1. In any position the Employee may hold, as a result of the Employee�s employment by the Employer, the Employee
may make use of, acquire, or add to information about certain matters which are confidential and the exclusive
property of the Employer, including, without limitation, student and employee information, information pertaining
to curriculum and programs, and current or potential business interests of the Employer. The Employee will
ensure and protect the confidentiality of such Confidential Information as defined by this Agreement. This
obligation will continue for a period of five (5) years from the date of the expiration or termination, as the case may
be, of this Agreement.
XVIII. NON-SOLICITAION
1. The Employee agrees that during the term of his/her employment with the Employer, and for a period of three (3)
years after the end of that term, the Employee will not in any way, directly or indirectly:
a. induce or attempt to induce any employee or contractor of the Employer to quit employment or retainer
with the Employer;
b. otherwise interfere with or disrupt the Employer�s relationship with its employees and contractors;
c. discuss employment opportunities or provide information about competitive employment to any of the
Employer�s employees or contractors; or
d. solicit, entice, or hire away any employee or contractor of the Employee
XIX. OWNERSHIP OF PATENTS AND/OR COPYRIGHTS
1. Pagoda Academy will own all past, present, and future patents and/or copyrights for any inventions and any
printable and/or publishable material produced by an employee of Pagoda under the direct supervision of Pagoda
during the term of the agreement.
2. This Agreement will not apply in respect of any intellectual property, process, design, development, creation,
research, invention, know-how, trade-names, trade-marks or copyrights for which;
a. No equipment, supplies, facilities or Confidential Information of the Employer was used.
b. Was developed entirely on the Employee�s own time.
c. Does not result from any work performed by the Employee for the Employer
XX. GOVERNING LAW & VENUES FOR DISPUTE
1. It is the intention of the parties to this Agreement that this Agreement and the performance under this Agreement,
and all suits and special proceedings under this Agreement, be construed in accordance with and under and
pursuant to the laws of the Republic of Korea and that, in any action, special proceeding or other proceeding that
may be brought arising out of, in connection with, or by reason of this Agreement, the laws of the Republic of
Korea shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the
jurisdiction in which any action or special proceeding may be instituted.
XXI. GOOD FAITH
1. The Employer and the Employee will act in good faith toward each other. The Employer will not dismiss the
Employee without what he/she reasonably considers good cause and the employee will do his/her utmost to
satisfactorily fulfill all the responsibilities and meet all the conditions as described in the above agreement and in
the Policy and Procedures Manual.
XXII. FULL KNOWLEDGE
1. The Employee agrees that he/she has read the entirety of this Employment Agreement and taken independent
advice upon it
EMPLOYER: PAGODA FOREIGN LANGUAGE INSTITUTE
By _____________________________________ _____________________
Kyung Sil Park, President Date
Employee: _____________________________________ _____________________
XXXXX XXXXXX Date

[Novernae]

You might want to take the school name out of the thread and contract, especially if you are considering them. This school in particular was pretty heavy handed awhile ago about the privacy of their contracts. I'd do a search on them. A lot has been said.

[TheUrbanMyth]

That's a terrible contract. Too many penalty clauses and even if you finish out the year you have to pay back the "real estate agent fee" whatever that is? Run far away from this contract you can do better.