Korean Job Discussion Forums

[Mr. BlackCat]

Hello all,

I've finally received a contract and spoken to someone that I am comfortable with. I would just like you handsome/pretty and scholarly gentlemen/ladies to take a look at the contract.

I've already asked for clarification on training (paid?), sick days and the seminar days. Also, I've brought up my concerns about only having 8 vacation days instead of ten. I've demanded single housing, which shouldn't be an issue. I know OT isn't mandatory as per Korean law and I would normally work it anyway, so I'm choosing my battles on that one. I've left out the salary here just for fun, but I'm happy with the amount.

Anything else you guys pick out would be great.

Thanks!


I. PERIOD OF EMPLOYMENT

1. The total agreement term is 12 months, commencing on ___Jaunaury 2nd, 2007 and ending on ____January 1st __, 2008.
2. The term of this Agreement does not include an orientation period, training sessions, and all scheduled vacations and holidays that fall between or during teaching sessions.


II. QUALIFICATION

Employee must be deemed qualified to teach children in sound methods and be able to submit all necessary documents required by the hiring procedure of the Company.


III. DUTIES OF EMPLOYMENT

1. During the term of this agreement, the Employee will accept, obey, and strictly comply with the instructions, supervision, training and discipline of the Company. These duties will include instruction in any and all phases of the instructional program, administrative duties related to the classroom duties, lesson planning, attendance at scheduled staff meetings and workshops, and any other duties as may be assigned by the Company. The Employee will teach from Monday to Friday, and at hours and days requested by the Company for fair causes.

2. The Employee agrees that he or she is not allowed to pursue or take other jobs, and understands that Korean Immigration Law allows foreign workers to work legally in Korea ONLY for the Company for which they have received a work visa (E2, F4).

3. The teaching requirement is one hundred twenty(120) actual teaching hours per month from Monday through Friday. When the Employee is scheduled for less than 120 teaching hours per month, special duties (i.e., Class material preparation, Participation in Parent Orientation, Special events, etc.) will be given to make up for the 30 teaching hours, under the supervision of supervisor.

4. The Employee may be required to take part in bi-yearly presentations held on a Saturday, should the schedule designated by the Company call for such events to be proceeded on the part of the Employee. The Employee is also required to attend periodic training sessions held by the Company in order to improve instruction quality. The hours spent in relation to these periodic training sessions shall not be construed as teaching hours and the Employee shall not be compensated for preparing for, traveling to, or attending such training sessions.

5. The Employee is required to teach additional Intensive Classes during regular school vacation periods(Summer and Winter Vacations) as the Company requires of the Employee.

6. Only classroom contact hours in excess of over thirty(30) hours per week approved by the Company are considered overtime. Time spent counseling for feedback, lesson planning and attending workshop are not considered teaching hours.

7. Teaching hours will range between 2:30pm to no later than 9:30pm for regular sessions, with classes not exceeding 30hours per week, and 120hours per month, in which the time may change on the needs of the Institute. The Employee is required to come to Institute at least one hour prior to the first scheduled class for class preparation.

8. The Employee must inform the Company of any necessary changes in classroom or hours and receives permission from the Company for the necessity.

9. In the event that the Employee must miss classes or be late for a valid reason which the Company finds acceptable, the Employee must inform the Company at least 24 hours in advance to allow the Company to arrange substitutes. In such a case, the Employee should submit a guideline(class work progress, student info, syllabus, class materials, etc.) what the substitute teacher should do in the class.

10. The Employee should submit lesson plans, student report cards, etc which are regularly scheduled and required by the Company.

11. The Employee shall not disclose information relating to the contents of lectures, teaching material and business operation of the Institute to any other third party.

12. The Employee shall not disclose information regarding his/her salary, overtime payment, and contract hours to any third party, including other Employees of the Institute.

13. At all times during the term of this Agreement, the employee understands and agrees that s/he will strictly adhere to and obey all laws, regulations, provisions, instructions guidance from the Government of Korea or any local government of officials.

14. The Employee is required to substitute for other Employee when necessary.

15. For marketing process, the Employee�s profile (name, photograph and educational/professional information) may be placed on a brochure or Internet Homepage, etc.


IV. COMPENSATION AND OTHER TREATMENT OF TEACHER

1. Salary
The Employee will be guaranteed ______million Korean Won per month before taxes for teaching 120 hours per month. This is to be considered as the Employee�s contract hours. The salary will be paid out on the 10th day of each month for the term specified in the Agreement, with the exception of holidays and other days that banks are normally closed(including weekend days) in which case the monthly wages will be paid on the last business day prior to the date. Korean income tax and National Pension plan will be deducted from the Employee�s salary. The Employee�s salary determines the actual amount to be deducted as per Korean labor laws and government directives.

2. Teaching hours
Fifty-minute class will be calculated as one class. A class less than fifty minutes will be calculated in ratio to the general compensation rate agreed.

3. Overtime
If the Company requires the Employee to teach in excess of 30 hours per week such overtime or extra hours shall be paid for, in addition to the monthly salary at the rate of 25,000 Korean won per hour. Attendance at scheduled teachers� meetings, workshops and class preparation (which is mandatory) will not be considered as overtime.

4. Incentive
The Company may, at its sole discretion, provide the Employee with bi-yearly bonuses, stipends or other additional remuneration in accordance with their performance evaluated throughout the term and their contribution to the Company�s prospective projects to be announced now and then.

5. Paid Vacation
The Employee shall be entitled to eight ( working days of authorized leave per year to be taken as a vacation during the summer and winter as scheduled by the Company in accordance to the yearly school program.

6. Paid Holidays
The Employee will observe and be paid for holidays as prescribed in a yearly calendar by Korean Law.

7. Sick Days
The Employee shall be entitled to a sick leave for a total of three (3) days during the term of Agreement with having obtained a prior approval and having submitted the Doctor�s note.

8. Severance pay
The Employee will be entitled to the payment of one (1) month salary of_ _ Korean Won as severance pay upon the successful completion of the full term of this Agreement minus any applicable taxes and other withholdings as required by law. Severance pay shall be paid along with the salary for the twelfth (12th) month of employment.

9. Housing
The Company shall provide housing for the Employee during the term of this Agreement. In the event that this agreement is terminated by either party, the Employee must vacate the premises within seven (7) days of notice of termination. Any costs associated with the Employees failure to vacate the premises, including but not limited to rent payments, legal expenses, and attorney fees shall be paid by the Employee.
(a) The accommodation may be a private apartment (bachelor/studio) or a two room apartment shared with other Employees with a private bedroom for each Employee and a shared kitchen and bathroom.
(b) The Company will also provide furnishings which will include: a single bed, a refrigerator, a wardrobe, a washing machine, a TV set, cooking utensils, a gas stove, a telephone, and some bedding (pillow, comforter, sheets).
(c) The Employee is required to pay the cost of monthly service, utilities (gas, water, electricity, cable TV, and telephone charges) and the monthly maintenance fee. In the case of shared accommodation, the costs will be divided between the housemates.

10. Transportation and Travel expenses

The Company shall reimburse the Employee the cost of the one way airplane ticket(economy class) that the Employee purchased to travel to Korea, provided that the primary purpose behind the purchase of such ticket was to commence employment at the Company and a proper receipt for the ticket furnished. The reimbursement shall be made in full to the Employee upon completion of the first month. The Company shall reimburse the Employee the cost of the one way airplane ticket(economy class) that the Employee purchases to leave Korea to the point of hire after the completion of the one year contract. In the event that this Agreement is terminated by either party prior to the End Date, the Company is released from any obligations to make such payment to the Employee. If the Employer and the Employee both agree to an extension of employment, the return air ticket will be provided at the time of completion of the subsequent contract period.

11. Medical Insurance

The Company will assist in procuring adequate health insurance for the Employee and make applicable pension payments on behalf of the Employee during the duration of this Agreement. The Company and the Employee will each bear fifty(50) percent of the total cost of health insurance and applicable pension payments. The Employee is required to return the health insurance card upon completion or termination of this Agreement and to report to the appropriate organizations and agencies, the Employee�s change in employment status.

12. National Pension Plan

In accordance with Korean Law all foreign workers employed by a Korean business should pay into the Korean National Pension plan at a rate of 9% of the monthly salary. However, the Employee will pay only half, at a rate of 4.5% and Employer will pay the remainder.
NOTE: Upon completion of the contract (agreement), pension contributions will be fully reimbursed to the Employee from USA & Canada by the Korean government.


V. SALARY DEDUCTIONS

1. When an Employee is absent from scheduled teaching duties, salary will be deducted according to the substitute teacher�s overtime rate.

2. The Employee is required to be punctual for classes with at least an hour of preparation time before the first class starts.


VI. RENEWAL OF CONTRACT

1. The Company and the Employee may renew the contract for the period of one year.

2. The Employee shall notify the Company of the Employee�s intention of renewing the contract in writing at least 40 days prior to the termination date of contract.

3. The Company shall notify Employee of his/her decision in writing at least 30 days prior to the termination date of contract.

4. Pay will be negotiated according to employee�s performance of his/her previous teaching year.


VII. TERMINATION OF CONTRACT

1. The Employee may terminate this contract by providing forty (40) days advance notice in writing. In order to protect the continuity of education for the students, both parties will faithfully fulfill all of their duties under this agreement until its actual termination. In the event this Agreement is terminated without forty (40) days prior notice within six (6) months; 1) any and all portions of the reimbursed airplane ticket fee of up to One Million(1,000,000) Korean Won will be withheld from the Employee�s salary; and 2) additional 50% of the recruiting fee for a replacement teacher on the part of the Company will be withheld from the Employee�s salary to subsidize the recruiting cost.

2. The Employer will have the right to dismiss the Employee for clear and frequent negligence of duties. When appropriate, prior to any such dismissal, the Employee will be warned dissatisfaction with performance and will be afforded at least twenty days in which to remedy the issue. The Company reserves the right to terminate this contract for the cause with written notification thirty (30) days in advance and for serious causes without notice. In the event of termination of contract, employer will not provide a letter of release to the Employee, unless negotiated otherwise.

The Company may terminate contract with or without notice when:

i. The Employee is found to be in breach of contract.
ii. The Employee is involved in any misconduct that may be detrimental to the reputation of the Employer.
iii. Other circumstances for which the Employee is responsible for making his or her employment undesirable for employer to continue employment.
vi. Unexcused absence occurs more than twice.
v. Employer concludes that the Employee cannot perform class activities, or lacks the qualities necessary to be an effective employee.
vi. The documents submitted to the Employer are proven to be counterfeit.
vii. The Employee fails to conduct himself/herself in a professional manner such as:
- coming to the Institute and conducting class under the influence of alcohol or illegal drugs ;
- making sexual advances towards or entering into relationships with the students or employees of the Institute;
- using inappropriate language in class that would offend or discredit students, the staff or the Institute.
viii The Employee places any student or a staff member in jeopardy or causes significant material damage to the Company as a result of his or her negligence or reckless behavior
ix The Employee commits any criminal act inside or outside the place of employment/Institute. This will result in immediate dismissal with neither warning nor time for remedy being given to the Employer.
x. The Employee has already received three reprimands (warnings) from the Company of dissatisfaction with the Employee�s performance, and the Employee has not rectified the situation.


VIII. EMPLOYER PROPERTY

The Employee must return the following items when the contract terminates:
1. Teaching materials
2. Reference books owned by Company / Institute.
3. All the items that Company has rented or lent to Employee.
4. Any other property owned by the Company / Institute.


IX. COVENANTS

1. The Employee hereby agrees, convents that at all times during the term of this agreement or subsequent to the termination of the agreement, the Employee will not use the name of the Company for business purposes.


X. INDEMINIFICATION CLAUSE

1. The Employee will indemnify and hold harmless Company from any damages which Employee may sustain, in any manner through the misconduct or negligence of Employee.
2. The Employee will indemnify and hold harmless the Company and the Company�s representatives from any damages which Employee may sustain, in any manner, through the refusal by the Government of Korea to permit enter to the republic.


XI. UNDERSTANDING

1. Both parties have read the above terms and conditions and agree to fulfill them in good faith and will resolve any dispute in a reasonable manner
2. All issues that cannot be solved by the two parties above will be solved in accordance with the appropriate laws of the Republic of Korea.

The Company will evaluate the Employee every semester. The Company may dismiss or transfer the Employee to other branch if Employee fails to observe his/her duties stated above.
The Company and the Employee have executed this agreement and appended their signatures on the date below:

[Mr. BlackCat]

So no one has any comments on this contract? Its perfect?

[Satin]

Far from perfect.
Aside from what you pointed out, here's a few more. Pay date - no later than the 5th. Docking your pay if a substitute is used. Those 120 hours could be hard if they give you classes not counted as an hour. They don't pay you for a lot of things you will have to do (e.g. seminars, travel, etc.). Penalty clause; mandatory overtime during winter and summer intensives. Also required to substitue for other employees - okay if they haven't all ready maxed you out (which they probably will). Why do you need a doctor's excuse; kind of silly, especially for one or two days. Why do they take 30 days to reimburse your airfare (actually, they should provide it upfront). Also, if you were to resign after a year, they don't pay your return airfare until you finish the second contract. You should get round-trip for each contract.

Personally, I wouldn't accept this contract even with the changes you noted. Seems kind of slanted to benefit the hagwon only.

Don't be in a hurry. Take your time. There are better positions out there that will probably pay just as well and not have as much potential for making your year miserable.

Good luck!

[alabamaman]

Issues

I could find 10 - 15 more fairly easily

**No contractual language specifying the hours for the intensives.

**8 days of annual leave

**No list of furnishings provided in the accommodations clause.

**There was no contractual language stating how much your employer would deduct from your monthly salary for income taxes to be paid to the District Tax Office concerned.

**There was no contractual language specifying the how much the employer would deduct from your monthly salary (2.24%).


**There was a salary deduction, not that I agree with them, that wasn�t clearly defined under V.

**Contractual language in the termination clause that doesn�t conform with Korean Labor Laws.

-entering into a relationship with another employee

-The Company may dismiss or transfer the Employee to other branch if Employee fails to observe his/her duties stated above.

**Pay date: 10th wasn�t acceptable!

**In the event this Agreement is terminated without forty (40) days prior notice within six (6) months Recruiter fees & additional 50% of the recruiting fee for a replacement teacher on the part of the Company will be withheld from the Employee�s salary to subsidize the recruiting cost!

**Work for no pay: Clause 10

**Poorly written overtime clause

**Contract term: Doesn�t include orientation & training sessions. Get ready to work without an E2 Visa and possibly without pay!

**There was no contractual language specifying the deduction for Korean Pension Fund.

[Mr. BlackCat]

Thanks for the input. Just a couple of things to clarify:

[Mr. BlackCat]

Thanks for the help, though!

[alabamaman]

I. PERIOD OF EMPLOYMENT

1. The total agreement term is 12 months, commencing on ___Jaunaury 2nd, 2007 and ending on ____January 1st __, 2008.

[Nambucaveman]

For future reference, if you need help with a contract, please post it here:
http://www.eslcafe.com/forums/korea/viewtopic.php?t=59265 and someone will help you.

NC

[Mr. BlackCat]

Thanks again for the help. And sorry about not posting it in the right place. I noticed the sticky after I posted this contract.

I'm currently working through this contract and negotiating some things. But I've read through at least 50 contracts on this site and every single time everyone says the contract is crap. I know the first one you get will not be in your best interest, but if you see a couple of things in there that you don't like, should you just walk away? I mean, when has anyone gotten the perfect contract straight away? This is Korea, afterall.

Don't get me wrong, I really do appreciate the help and thank you guys for pointing out some stuff for me.