Korean Job Discussion Forums

[ESOTERIA]

Hi There:

I had posted on Friday to see if anyone knew of a Korean Attorney to refer me to for review of the contract, so I didn't have to be a bother. I haven't received a response, so I'm hopeful that someone wouldn't mind taking a look at the proposed contract below. It looks pretty good to me, but objective feedback is always wise. I would really appreciate help on this. Thanks!


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I. EMPLOYMENT OF TEACHER

1. Within the parameters of Korean Labor Law, Employer hereby employs Teacher to teach ESL classes under the terms and conditions set forth here in this Agreement.
2. Within the parameters of Korean Labor Law, Teacher hereby accepts employment from Employer to teach ESL under the terms and conditions set forth here in this Agreement.

II. QUALIFICATIONS

Teacher must be judged qualified to be teach and be able to submit all the necessary documents required by the hiring procedure of the Institute.

III. PLACE OF EMPLOYMENT
1. Place of Employment will be Kwangju City, Kyunggi-Do, South Korea.
2. Teacher may be required or requested to teach outside and apart from the place of employment.

IV. DUTIES OF TEACHER

1. During the term of this Agreement, Teacher will comply with the instructions, supervision, training and discipline of the Employer or anyone appointed by the Employer to do so. 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 deemed necessary for effective teaching.
2. Teacher is expected to teach up to 120 hours per month for his/her base salary. Any time worked over 120 hours per month is deemed overtime. Attendance at scheduled staff meetings, counseling for feedback, lesson planning and workshop are not considered overtime nor teaching hours.
3. Teacher will teach from Monday to Friday, but may be requested to teach on non-weekdays for overtime pay.
4. Teacher must inform Employer of any necessary changes in classroom or hours.
5. In the event that Teacher must miss classes or be late for an acceptable reason, Teacher must inform Employer sufficient time to arrange for substitutes, preferably at least 12 hours in advance.
6. Teacher should submit lesson plans to Employer on a regular basis as required.
7. Teacher is not allowed to perform ESL instruction outside the designated classroom without prior approval from Employer.
8. Teacher must not make public information that the Teacher obtains at the institute while working or after resigning.
9. Teacher shall not accept any outside employment whatsoever, without specific written permission from Employer.
10. When performing ESL instruction, Teacher must wear professional clothing: namely, dresses or dress pants for women, ties and dress shirts for men. The clothes must be clean and express dignity of the Teacher. Jeans, ripped pants, revealing clothes and slippers are not allowed.
11. At all times during the term of this Agreement, Teacher will directly adhere to and obey all the rules and regulations that have been, or may hereafter be established by Employer for the conduct of Teacher or generally for the conduct of instructors at the Place of Employment.
12. At all times during the term of this Agreement, Teacher understands and agrees that Teacher will strictly adhere to and obey all laws, regulations, provisions, instructions and guidance from the Government of Korea or any local government of officials.
13. Teacher is required to come to school 30 minutes prior to the first scheduled class, and be present at the place of employment and available to perform regular or special duties as specified herein above.
14. For marketing purposes, Teacher�s profile (including name) may be placed on a brochure or Internet, etc.


V. COMPENSATION AND OTHER TREATMENT OF TEACHER

1. Salary
a) Employer will pay Teacher a monthly salary of 2.1 Million (2,100,000) Korean won as compensation for all services rendered. Payment for employment will be calculated every month and be made in Korean won. This salary will be paid on the _7_th day of every month. The Teacher�s salary begins upon first workday after arrival at school, including training period. Korean income tax and/or National Pension plan will be deducted from the Teacher�s salary. Teacher�s salary determines the actual amount to be deducted as per Korean won. Monthly teaching hours to be 120 hours (1 hour is 60 minutes) and each class consist of 60 minutes.
b) The monthly workload is 120 units, 1 unit = 60 minute
c) The Employee agrees to teach morning kinder garden classes between the hours of 9:30 a.m. and 1:30 p.m. Monday through Friday, apart from regular afternoon classes, the hours of morning teaching should be paid on over time rate.


2. Overtime
If the Employee agrees to teach classes over 120 hours in a month the extra hours shall be paid for in addition to the monthly salary at the rate of 18,000 Korean won per hour during Monday � Friday.

3. Leave
There are about 15 public holidays. In addition, teacher will receive 10 days paid annual leave and agrees to take his/her leave according to the schedule of the school. Teacher will observe holidays as prescribed in a yearly calendar by Korean law.

4. Housing
Employer will select and provide furnished living accommodations for Teacher. Teacher will have his/her own apartment for living, with furnishings provided by the employer. Teacher is required to pay the cost of monthly service, utility and telephone charges, for the accommodation provided. Employer will deduct the last month�s charges from the teacher's last month salary.

5. Transportation and Travel expenses
Employer will provide Teacher with a one way economy class ticket from the point of hire to Korea. In the event that Teacher completes the full contract, Employer will provide Teacher with another one way economy class ticket from Korea to the point of hire at the time of termination of employment. If Employer and Teacher both agree to an extension of employment, the return air ticket will be provided at the time of completion of the subsequent contract period. In the event that Teacher resides in Korea at the time of hiring, a round trip ticket from Korea to back home will not be offered.

6. Severance pay
1) Severance pay of one month�s salary will be provided to the Teacher upon completion of a one year contract.

7. Medical Insurance
Teacher will be covered by medical benefits under the Korean Medical Union (Private Health Organization). The Teacher and Employer will share the cost of this insurance on a 50:50 basis.

8.Sick Leave
The teacher will be allowed 3 days� paid sick leave during the contract period. Any further classes missed will be deducted from the monthly salary using the following formula : (monthly salary / 120) times the number of units missed, or may be applied toward the annual leave.
a. Unused sick leave will be paid out at the end of the contract.
b. A doctor�s invoice with the diagnosis and prognosis is required for sick leave over 3 days.

VI. PENALTY DEDUCTIONS

1. In case of an absence, the amount of 20,000 Won per hour will be deducted from the Teacher's instruction fee. A substitute teacher for the absent teacher will receive the instruction fees, but Employer will not regard the substitute teaching as overtime.
2. Teacher has to be punctual to classes. Three instances of tardiness will be considered one absence.

VII. WARNING / TERMINATION / RETRAINING

Employer may penalize Teacher when Teacher violates the contract.

The penalties are as follows:

1. Warning
Teacher shall be reprimanded with an initial oral warning, followed by a written warning. Any third warning will take the form of termination.

2. Retraining
Employer may stop Teacher from teaching and retrain the Teacher when necessary.

VIII. DISMISSAL

Employer will have the right to dismiss Teacher for clear and frequent neglect of duties under this agreement. Prior to any such dismissal, Teacher will be warned according to Clause VII, and will be afforded at least twenty days in which to remedy the same. Criminal or other unlawful conduct inside or outside the place of employment that would at the discretion of the Academic Supervisor seriously jeopardize any student or staff person, or the reputation of Employer, will be cause for immediate dismissal without warning nor time for remedy.

IX. VOLUNTARY RESIGNATION

In the event that Teacher voluntarily resigns prior to the termination of the term of this Contract :

1. Employer reserves the right not to sign the letter of release form currently required by the KOREAN IMMIGRATION OFFICE to allow the Teacher to work for another organization in Korea.
2. Teacher may not receive return airfare to the point of original departure.
3. Teacher may owe the amount of the original airfare to Employer.
4. Employer may assess the loss done by such an act and charge such amount to Teacher.
5. The value of any extra benefits allowed by Employer beyond the contract requirements may also be assessed as a loss.
6. Teacher may be required to pay the cost of recruitment of a replacement teacher.

X. TERMINATION OF CONTRACT

Employer reserves the right to terminate this contract for cause with written notification sixty days in advance and for serious cause without advance notice for penalties stipulated in above clauses when

1. Teacher is found to be in breach of contract.
2. Teacher is involved in a bad scandal that may tarnish the reputation of Employer.
3. Other circumstances for which Teacher is responsible make it undesirable for Employer to continue employment.
4. Unexcused absence occurs more than twice in a two-month period.
5. Employer concludes that Teacher cannot perform class activities, or lacks the qualities necessary to be an effective teacher.
6. The documents submitted to Employer are proved to be counterfeit.

XI. EMPLOYER PROPERTY

Teacher must return the following items when the contract terminates.

1. All the things that Employer has rented or lent to Teacher.
2. All the money lent to Teacher.
3. Teaching materials.
4. Reference books owned by Employer.
5. Any other property owned by Employer.

XII. COVENANTS

1. Teacher hereby agrees, covenants that Teacher will not undertake any teaching or employment with any people or organizations other than Employer without prior written approval from Employer. Failure to comply with this clause will cause immediate dismissal.

2. Teacher hereby agrees, covenants that at all times during the term of this agreement or subsequent to the termination of the agreement, Teacher will not use the name of Employer for business purpose.

XIII. GOVERNING LANGUAGE

This agreement has been drawn up and has been executed in the English language and the English language text of this agreement will govern and prevail over any translation.

XIV. MERGER CLAUSE

This agreement constitutes the entire understanding between the parties with respect to the subject matter and supersedes all previous negotiations, commitments and writings with respect. This contract nullifies and voids any previous contract between the two parties.

XV. GOVERNING LAW & JURISDICTION

This agreement will be interpreted according to the domestic laws of Korea. A competent court in Korea will have jurisdiction in regard to any dispute or claim arising out of, or in connection with, this agreement. Employer and Teacher have executed this agreement on the date indicated below. Intending to be legally bound and IN WITNESS WHEREOF, Employer and Teacher have appended their signatures.

XVI. NON-DISCLOSURE AND NO-RETURN OF DOCUMENTS

Both parties agree not to disclose any contents, agreements and all documents submitted
will not be returned to a teacher according to M.O.J(Ministry of Justice) of Republic of Korea,
internal regulation. School and recruiters are not responsible to return the documents submitted
to teacher.

XVII. PERIOD OF EMPLOYMENT

The period of employment under this contract is from ____________________ to ____________________, beginning and ending in the Republic of Korea. In the event of teacher's actual arrival on the job does not take place on the commencement date above, the contract period will start from the actual arrival date.



Employer Date

[ttompatz]

[ESOTERIA]

Thanks for taking the time to post feedback. Does anyone else have any comments advice out there?

[Satin]

You would be sorry if you accept this contract. Compare it to those in the Contract Posting thread and you'll see what I mean.