Korean Job Discussion Forums

[theace41]

If somebody could give me some advice on how this contract measures up I would really appreciate it.





Whereas, Institution and Instructor find it appropriate to enter into this agreement under the terms of conditions sat forth below.

ARTICLE 1 - DEFINITIONS
Each of the following terms shall have the meaning attributed to it below.
1. Instructor shall mean the English teacher recruited for the purpose of providing instructions in the Republic of Korea for the benefit of Institution.

ARTICLE 2 - APPOINTMENT AND ACCEPTANCE OF SERVICE
1. Instructor hereby agrees to teach English for Institution, and Institution agrees to compensate Instructor for each instruction time.

ARTICLE 3 - TERMS
1. This agreement shall come into force as of the date this agreement is executed and unless terminated earlier, remain in force for 12 consecutive months from the date when Instructor arrives with E-2 visa in the Republic of Korea.
( From 200 to 200 )

ARTICLE 4 - COMPENSATION
Salary is commensurated with both ability and experience of Instructor.
1. A monthly salary of 2,200,000 won in Korean currency will be paid for hours less than or equal to 110 hours per month. (working day : Monday to Friday)
2. For any additional hour(s) the instructor will be paid 25,000won per hour.
3. Instructor will receive 100% of his/her monthly salary (2,200,000 Won) upon successful completion of contract (Severance payment).
4. The pay period will begin on the first day of each month and end on the last day of each month. Compensation will be given on the 15th day of the following month. Any errors in compensation shall be reported to all parties affected within a week.
5. Income tax will be deducted from the salary according to the Korean tax law ( Currently 3.3% ).
6. Instructor must pay the utility payment of apartment.
7. Medical insurance will be provided to the Instructor at his/her request. Premium will be divided equally between Institution and Instructor. Instructor must fill out "Health History Form " prior to employment. Any expenses incurred by the existing health conditions shall not be a responsibility of Institution.
8. Instructor will observe only legal Korean national holidays.
9. Instructor will receive 8 vacation days together with all other staff per year. The dates for the vacation will be set by the Institution.
10. Instructor is permitted 4 days of paid emergency leaves. This is permitted only under extreme and unusual circumstances. Extreme and unusual circumstances includes, but not limited to, death or serious illness of self or immediate family member. Upon presentation of proper notice and proof to the Institution.
11. If Instructor is more than 10 minutes late without prior notification, he/she will not receive pay for that hour.
12. Instructor may take up to 2 days of paid sick leaves per contract year. Unused sick leaves may not be taken as vacation days. When Instructor is unable to attend class due to illness, Instructor shall notify Institution with an accompanying proof of illness from a physician within 2 days after his/her absence. If Instructor fails to notify Institution with the proper proof of illness, Institution has the right to deduct one day's pay for every day the Instructor is absent from work.
13. Institution shall provide round-trip ticket. In the event that Instructor leaves the Institution before completion of his/her contract but after 6 months, Institution is not responsible for the return airfare. If Instructor leaves the Institution before 6 months, Instructor must payback the initial airfare (round-trip) and Institution may deduct the said airfare from Instructor's salary.
14. Institution shall provide apartment. Institution shall provide the basic household furnishing, and adequate living accommodations and living conditions which include the following, bed, access to a Kitchen, cooking utensils, hot water for bathing, western style toilet.


ARTICLE 5 -DUTIES AND RESPONSIBILITIES OF INSTRUCTOR
1. During the term of the agreement, Instructor shall accept, obey, and strictly comply with the instruction, supervision, training, and discipline of the Academic Director of Institution. These duties shall include English instruction in all phases of the Institution's program, administrative duties related to the Instructor classroom duties, attendance at scheduled staff meetings, workshops, and school sponsored outings, and any other academic duties as may be assigned by the Academic Director.
2. Instructor will direct and guide the students in conversational English. All the teaching materials will be provided to Instructor.
3. Instructor shall not be permitted to work outside the Institution without prior written permission from Academic Director.

ARTICLES 6 - DISMISSAL / RELEASE FROM CONTRACT
1. Institution shall have the right at its sole discretion to dismiss Instructor for clear and frequent neglect of duties under this agreement, including but not limited to frequent absences without approval of the Institution or good reasons therefore, criminal or other misconducts inside or outside the Institution that would harm the reputation of Institution or students or staff or for manifest inability to perform duties under this agreement. Before any such dismissal, Instructor shall be warned of dissatisfaction with performance and shall be given 20 working days in which to remedy the problem.
2. Criminal or other misconduct inside or outside the Institution that would in the opinion of the Institution seriously jeopardize any person or the reputation of Institution, its students, or its staff, will be a cause for immediate dismissal and no warning will be given.
3. Both parties have the right to make the contract null and void under one of the following circumstances.
a. The health of the Instructor is such that it is deemed impossible for the Institution to continue.
b. Blatant misconduct by instructor.
c. Instructor or dependents violate Korean law.
d. In the event of war, civil strife, or other disturbances or matters that are deemed by either the Instructor's government or Korean governments as being unusual and of adequate reason for leaving the country, provided that official documents from respective embassies are presented.
4. Instructor or Institution may void the contract by giving a minimum of two-month advance notice in writing. Reasonable and adequate grounds must be provided.

ARTICLE 7 - COUNTERPARTS
1. Any controversy between the parties involving the construction or application of any of the term, provisions, or conditions of this agreement, shall on the written request of either party served on the other, be submitted to arbitration under the Korean law. The cost of such arbitration, including attorney fees, shall be the responsibility of the losing party or in such proportion as arbitrator shall decide.
2. This agreement may be amended only by an instrument in writing which expressly refers to this agreement and specifically states that it is intended to amend it.
3. This agreement may be executed in one or more counterpart, each of which will be considered an original for all purpose hereof.










INSTITUTION INSTRUCTOR


___________________________________ ________________________________
Name & Signature of Director Name & Signature of Instructor


______________________ ____________________
Date Signed Date Signed

[Satin]

At a glance: Overtime is good. Ask for 3 days annual sick leave. Vacation time is low and at the mercy of the school (probably when it is closed). Wording on Korean National holidays is vague. If they want to deduct wages for being late - okay - but the contract should state your hourly rate (let them do the math). Be cautious about the housing ("access to a kitchen?"). Should have the basics with air conitioning. Length of contract should coincide with your E2 visa. Payment of pay is way off. Shoot for no later than the 5th. Check the tax rate. There is no mention of the pension. Medical is mandatory - not at the request of the instructor. Get your hours set in writing or you could end up with a split shift that will consume 12 hours of your day (breaks in between, but not enough time to do much).
The contract has potential but I wouldn't accept it as it is. If they aren't willing to make changes, keep looking.

[ChuckECheese]

It's crap contract.

I assume that 110 hours of teaching = contact hours

If you cosider 50 minute/class that would come out to be 132 classes per month for 2.0 mil (really sucks).

Tax is too high at 3.3%. Tax should be far less than 2% (something like 1.8%).

And you have to do any other academic duties assigned by director (including janitorial service scrubbing toilets and urinals).

[spliff]

I'd have them specify the class hours. How long is one class. Have them word it 110 classes per mo. Also, overtime should be optional so it should be worded as such in the contract. And, have them specify some sort of working hrs. From such and such time to a end time. If their classes are only 30mins you could be stuck having to teach 220 classes per mo, and be at the school 12+ hours per day.