Korean Job Discussion Forums

[HaleyShaw]

Hi everyone:

Thank you for looking over my contract! This is for a position just outside of Seoul. He sent me the contract details via email and then attached a default contract. The first red flag I noticed is about the airfare- I want that paid upfront! I hope that your seasoned eyes can help me out for other issues!

Per our conversation last week, below please find the benefits and salary offer.

2.2 million won a month base salary
20,000 won an hour overtime rate
Single Furnished housing
Severance pay of one month upon completion of contract
50% health insurance covered
100 pension matching
10 vaction days
5 sick days
airfare to and from


EMPLOYMENT CONTRACT

This Agreement made and entered into in this ___ day of ___________, 20__, between _______________, herein after referred to as �Employer� and _____________________, herein after referred to as �Teacher�.

WHEREAS, Employer desires to employ teacher and teacher desires employment at the Language institute known as ____________________________________________________________, located at ______________________________________________________________________, it is herein agreed as follows:


JOB DESCRIPTION:

Teacher�s daily working hours shall consist of 8 full hours. Teacher�s responsibilities shall include but not be limited to class preparation, teaching, training new teachers, grading homework, and writing monthly report cards. The employee shall work five (5) calendar days per week. Actual teaching hours shall not exceed thirty (30) hours per week.

The teacher is expected to be devoted to the Institute for lesson planning with co-teachers, student evaluations, reports, supervision of play, and maintenance of the English environment. The employee is required to dedicate a minimum of one hour each day for lesson preparations.

In addition to the above mentioned, teacher will participate in all promotional events, open houses, annual events, and advertising events. Employer will give at least one weeks notice for events scheduled on a weekend date. Any hours worked beyond the 40 hour work week shall be deemed over time and paid at a rate of ____ won per hour.

Teacher will participate in all promotional events and functions as scheduled by employer. Teacher�s schedule is subject to change during the promotional phase of their employment. Teacher�s working hours shall not exceed 40 hours per week. Employer will provide teacher with at least one week�s notice of schedule changes.

1. Duties:



1. Duties may include, but are not limited to;

1. To give lessons according to the curriculum of the institute.

2. To prepare teaching materials for each English class.

3. To assist with the development of teaching materials related to English language education.

4. To attend all teachers� meetings and workshops.
5. To interview new students for level testing.

6. To behave in a professional manner during class and when socializing with students outside of class.
7. To be aware of the cultural background of Korean students and their expectations of teachers.

8. To behave according to company policy under the terms of said



2. The Teacher�s duties and responsibilities, as well as the academic programs, may be modified, from time to time, after agreement by both the Teacher and the Institute.




3. The teacher may work longer than the usual working hours during the summer and winter vacation. Due to the way the Korean education system works, this schedule is unavoidable. Overtime will be given for overtime hours (Lunch time will not be considered a working hour.)




2. Behavior



Teacher shall conduct themselves in a professional manner at all times. Teacher shall obey all laws and ordinances of Korean Law and company policy. Teacher is to at all times during working hours be properly dressed. The institution does not allow extreme hair styles, the wearing of revealing clothes and excessive make up. Conducting of classes while under the influence of alcohol or controlled substance is prohibited and means for immediate dismissal. The use of profanity at any time while at the institute or while conducting classes are grounds for immediate dismissal.

3. Dual Employment Prohibition:



The Teacher, after signing the agreement and receiving a work visa, can only legally work for an Institute designated by the Institute. If the Teacher works for any other institutes, companies, or individuals without the written consent of the Institute and the Korean Immigration Office, the Teacher shall face legal consequences which may include a fine and possible deportation.


4. Performance Evaluations:



The Teacher will be evaluated by written or verbal comments by his/her supervisor. The Institute has the right to determine if a performance appraisal is needed on a monthly basis or more frequently. The evaluation will include a review of the Teacher�s job qualifications and performance; the quality of his/her work; knowledge of his/her job, job skills, and attitude toward job; working relations with co-workers, students and parents; initiative, attendance, punctuality, and/or disciplinary record. The review is designed to provide both the Teacher and his/her supervisors with time to discuss his/her strengths, weaknesses, career objectives and other concerns.

5. Confidentiality:



1. The Teacher hereby agrees covenants and undertakes that he/she will not disclose any information related to the Teacher�s employment conditions to others, any teaching materials, or any information related to the academic program, whether verbally or written, to individuals or corporate entities.
2. All teaching materials including any books, textbooks and teaching resources, given to the Teacher by the Institute and reference materials prepared for the classes, by the Teacher, should be returned afterwards. The Teacher must not take out or use these materials for any purpose but for teaching at the Institute.
3. All materials and information produced during the period of employment are made property of the Institute.

6. Compensation:



1. Monthly Salary



The Institute will pay the Teacher a total monthly base salary of ________________Won. The monthly salary is based on the monthly teaching session. Teacher�s salary shall be paid on or before the 10th of the month for employment services provided. In the event the 10th shall fall on a weekend/holiday, salaries will be paid on the next business day. Korean income taxes (3.3%), Medical Insurance, and Korean National Pension Scheme deductions will be withheld.

When a teacher has not worked a full month, the salary for that month shall be paid on a pro rata daily basis.

Payment made for assigned classes is inclusive of payment for preparation, training and administrative duties connected with those assigned classes.

2. Overtime pay:

Overtime shall be paid at a rate of 18,000 won per hour. Any and all teaching hours above the 30 teaching hours per week shall be considered overtime pay. Participation for weekend events shall also be considered overtime work.

3. Health Insurance:

The Teacher will be covered by Korean National Health Insurance. According to the government guideline for teachers, the monthly insurance charge will be shared half by the Institute and the Teacher. Employer will pay 50% of health insurance costs.

4. Severance Pay:

On completion of the full employment period, an additional month�s regular salary shall be paid as severance pay. If the Teacher, however, does not complete the full contract period, none of the severance pay shall be paid according to Korean Labor Standard Law.

5. Tardiness:

Teachers late for work shall have their wages reduced accordingly. In the event the teacher is late for 20 or more minutes teacher shall be penalized for one hour. In the event the teacher is late 3 or more times one sick day shall be deducted and a written reprimand shall be issued.

7. Housing:



1. The institute will provide furnished living accommodations.

I. Single housing or apartment will be supplied by the institute.

II. In the event accommodations are share institute will provide the teacher with his/her own room with the exception of couple housing.

III. At not time will the teacher be permitted share or sublease his/her apartment.

IV. Furnishing will include TV, refrigerator, washing machine, wardrobe, telephone, range, bed, chair, dining table, and some cooking utensils.

2. Teacher is responsible for any and all utility bills such as gas, water, electricity, cable TV and internet access.
3. In the event damages are due to the negligence of the teacher, teacher shall be responsible for the cost of repairs.
4. Any and all furnishing provided by the institute will remain the property of the institute. Upon completion of the teachers contract all items provided must be accounted for. Missing or damaged items will be charged to the teacher.
5. In the event teacher�s employment is terminated prior to the completion of said contract, teacher shall have 48 hours to vacate his/her apartment.



8. Holidays/Vacation/Sick days:



Teacher is entitled to all national holidays.

Vacation: Teacher is entitled to 10 paid vacation days per year. Vacation days will be divided into 5 days in the summer and winter. Teachers will be eligible for vacation days after 6 full months of employment.

Sick days: Teachers will be given 5 sick days per year. Any additional sick days taken will be considered vacation days. In the event of grave illness which requires hospitalization or if teacher is ill with an infectious virus, prolonged absence will be granted. Teacher must supply proof of such illness for approval. In the event the teacher is found to have falsely claimed illness, the teacher will be immediately dismissed and double the wages will be deducted from the teacher�s monthly salary. Notice to teacher�s immediate supervisor should be given as early as possible.


Emergency leave:

Emergency Leave is only applicable in cases of natural disaster, hospitalization, death of immediate family members, fire, accident or other emergency situations that have been acknowledged as such by the Institute. Notification of Emergency Leave should be given three(3) hours in advance of the classes the Teacher expects to miss.(This might be impossible in certain situations.)

The teacher may take a number of days(inclusive of a National Holiday, Saturday and Sunday) as set forth below for each of the following events. :

+ Seven (7) calendar days for the teacher� marriage.
+ Seven (7) calendar days for the death of the teacher� parent or spouse.
+ Seven (7) calendar days for the death of the teacher� child.
+ Seven (7) calendar days for the death of the teacher� brother or sister.
+ Seven (7) calendar days for the death of the teacher� grandparent.
+

If the Teacher is absent for two or more consecutive class days without proper notification and authorization, he or she shall be deemed to have voluntarily resigned. However, even if the Teacher provides notification of his or her absence, the Institute has the ultimate right to determine if the reason given justifies the absence.

9. Transportation:



Employer will reimburse teacher for the cost of a one way economy class ticket from teacher�s location of departure to Korea upon completion of two weeks employment. If the teacher fails to complete the full one year term of the contract, airfare will be deducted from teacher�s monthly salary. Upon completion of the one year term employer will provide a one way economy class ticket for teacher�s return flight home. The destination will be the closest major airport to the teacher�s home. If the teacher fails to complete the term of said contract, the cost for teacher�s airfare shall be deducted from teacher�s last month salary.

If teacher is hired within Korea, the cost for visa trip shall be paid for be the employer. If the teacher fails to complete the terms of said contract, the cost for the visa trip shall be deducted from teacher�s monthly salary.

In the event the teacher fails to complete his/her obligation of the one year contract, teacher shall reimburse the employer to any and all costs incurred pertaining to the transportation and visa fees.

10. Termination:



The institute has the right to terminate teacher�s employment for the below listed reasons. In the event teacher�s employment is terminated no severance pay shall be paid. In addition to teacher shall reimburse employer for any and all costs incurred due to teacher�s actions. Visa trip or airfare shall also be deducted from teacher�s monthly salary.

Causes for immediate termination:

1. Teacher displays blatant misconduct by breeching any of the terms set forth here in this agreement.
2. Arriving to work under the influence of alcohol or controlled substance.
3. Sexual misconduct towards a student.
4. Two consecutive days of unexcused absence from work.
5. Teacher�s health prohibits teacher from fully performing his/her duties either physically or mentally.
6. Breech of paragraph 5 of said contract.
7. Engaging in any illegal activities or criminal behavior.



Additional causes for termination:

8. Continued defamation of the institute.
9. Teacher has received three reprimands within a 60 day period.
10. Habitual tardiness, if the teacher is late more then three times during on pay cycle, teacher shall receive a written warning.
11. If three written warnings are issued to the teacher, teacher shall be placed on administration probation. Employer reserves the right to terminate teacher�s employment without advance notice during the administrative probation.



In the event the teacher wishes to voluntarily terminate his/her employment, 40 days notice must be given in writing. No severance pay or airfare shall be given in the even such as this.

11. Applicable Laws:

This agreement is subject to the interpretation of the laws of the Korea. Any and all disputes shall fall under the jurisdiction of the Korea. In the event the teacher leaves the country during any legal process, the employer reserves the right to litigate with in the teacher�s home country or current country of residence. Employer reserves the right to litigate any claims for damages against the teacher in teacher�s native country should teacher be outside the jurisdiction of Korea.

12. Sole and Entire agreement:

This agreement shall be the sole and entire agreement between the two parties named above. Both parties acknowledge all the terms set forth in said agreement. Agreement is binding between said parties. This agreement shall be in effect upon execution by both parties.

IN WITNESS WHEREOF, The Employer and the Teacher have each duly executed this Agreement on the dates set forth below their respective signatures.



Employer: Teacher:



Name of Institute Passport No.:

Date: Date:

[Corporal]

[B-Teacher]

I would be a little cautious about this contract as there seem to be an awful lot of ways they can "immediately dismiss" you. Also, as the previous poster mentioned, the working hours seem a bit high per day.

If the management is good, there wont be a problem, but there are several ways the owners could take advantage of you if they were so inclinded.

[ttompatz]

The offer and the contract are NOT in agreement.

There is no definition of a class hour.
They don't pay overtime until you exceed 40 hours per week but you are only scheduled for 30 "class hours".

My advice is talk to MORE THAN ONE of the current teachers via e-mail when the boss is NOT watching over their shoulder.

If they only let you talk to one, then pass.

Ask specifically about:

+Pay - do they really pay overtime. Get the rate settled.
+Classes - how many and what is the schedule like.
+Pension and medical - do they really pay into it? Does the foreign teacher have the medical plan booklet?
+Vacations - how, when, how long and who decides? This is often a very big area of contention between teachers and hakwons.
+lunches - they are not considered a work hour? do you have to spend it with the kids?
+airfare to Korea should be waived after 6 months.
+ too easy to fire you and the law says you only need give 30 days notice (not 40) to quit.

There are enough clauses in there to make me think they have had a problem with runners or early firings to avoid severance and return flights in the past. Big red flags. Be careful.