Korean Job Discussion Forums

[mimikachu]

*I want to preface the contract by saying that I talked to current teachers working there and I'm cool with everything about the school's curriculum, set-up, etc., but I wonder about is the tax thing right? Also, do the other things on the contract seem reasonable? I've taught ESL for nearly 4 years in the USA, by the way, and work as a reporter. I was initially offered 2.0 won and asked for more $.

Thanks in advance!
MW

This Agreement is entered into by the Institute, Cho-il Language Institute, Busan, South Korea, hereinafter referred to as Institute or Employer, and __Melissa *I took my last name out*__� as Employee or Instructor. �


1.Duration of Employment: One Year

�(include �� 12�� � full and consecutive teaching sessions)

�From� __February 1, 2007 t o January 31, 2008__� �

2.Position or Title: English Conversation Instructor �

3.The conditions:

a) Salary: The instructor will be initially paid ��� 2,1���� million won per month. "Month" and "monthly" refer to a calendar month. Computation of the initial pay period will commerce from the first day of teaching. Overtime will be paid at the rate of 20,000 won per hour. �

b) Working duties : up to 120 hours per month - any hours worked over 120 in any one month shall be considered overtime. (In that case, overtime will be calculated on a monthly base, not a weekly base.) The working days are Monday to Friday. A teaching hour is defined as the unit of class, as prescribed by the Institute. As with any teaching position, the Instructor should be adequately prepared for classes, and use Instructor's own time as necessary, to so prepare. �
c) Housing: Employee can be provided a furnished single apartment. Each Employee will have basic household furniture: Bed with a blanket and a pillow, a refrigerator, a washing machine, a telephone, an air conditioner, a closet, a desk & a chair will be provided. The cost of monthly utilities for the employee's housing such as management fees, gas, electricity, telephone, and water will be the responsibility of the employee. �
d) Severance Payment: The Employee will be paid one (1) month's salary payment of __2.1 Million__ won on completion of the term of the contract -one (1) year. Severance tax will be withheld. If the instructor departs prior to the contract completion date, he/she will not be entitled to receive this bonus. �
e) Sick days: Three(3) days paid with doctor�s letter. In the absence of a doctor's note, payment for the complete period of absence will be withheld. �
f) Holidays: Employee will receive holidays according to a schedule provided by Employer before the commencement of the year to which the schedule refers. Holidays� can only be taken as scheduled by the employer. According to the calendar, there are approximate 8 or 9 national holidays. Moreover, 5 or 6 school days off will occur upon the school schedule. One week earlier before the end of the contract term will be given to the employee.
g) Taxes/ Deductions: 3.3 percent of all income will be deducted for Korean taxes. �
h) Medical Insurance: The costs of this coverage will be borne half by Employer and half by Employee.
- Accident Compensation: In the event that Employee sustains injuries from an accident or mishap during the course of normal work duties, or within the promises of place of employment; Employer agrees to pay all medical and hospital costs which are in excess of those covered by medical insurance. In the event that Employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties; Employee understands and agrees that Employer will have no responsibility for, nor obligation to pay, medical and hospital costs which are in excess of those covered by medical insurance.
i) Air ticket: The instructor will be provided with air ticket from his/her home town to Busan when he/she starts work. After the completion of one year contract, the employee will be given a single ticket to his/her home town. �
4. The employee, above named, agrees to endeavor to enhance the image, and to promote the purpose of the institute, and, to that end to act responsibly and to follow the instructions of the Director of the institute in good faith. �
5. To comply with paragraph 4, the employee agrees to the following:
a) The employee shall instruct students faithfully in accordance with the designated textbooks: with the permission of the Institute's director, the employee may adopt supplemental textbooks or material as needed. �
b) The employee shall observe class hours strictly: any absence, or tardiness. early dismissal of class, non- observance of working hours. etc., can only take place with permission of the Director. Employee agrees that two instances of tardiness will be regarded as one hour of absence, In such , one hour's pay will be deducted. �
c) In the event the employee seeks release from this Agreement, he/she will so inform the Director of the Institute, in writing at least 30 days in advance: release will not take place until a suitable substitute or successor, has begun work. Also any monies owed the employer by the employee(e.g., phone: utilities and maintenance: airfare: recruiting fee: insurance: etc) must be paid before release is granted, if employee does� not comply with this clause, institute may initiate Civil Action under Korean law. Only acts of Nature or God are exempt from this clause. �
6. The employee further agrees not to take part in any of the following activities, or any other activities which might defame the Institute or it's prestige.
a) Any activity which involves acceptance of tuition or any other funds or any other unsanctioned� monetary transactions not related to, or on behalf of the institute. Violation of clause may result in arrest, imprisonment, fine, and release from work and or deportation from Korea, as per provisions of Korean Law:
b) Borrowing funds from, selling items to or loaning money to students or employees of the institute other than items officially sanctioned by the institute, is strictly prohibited: �
c) If, as a result of willful negligence, gross negligence or intoxication, Employee damages facilities, materials or other property belonging to the Institute (or homestead family, if applicable), the employee will assume full liability in accordance with Korean Law. �
d) The Employee's effectiveness in attracting and retaining students is paramount to the interests of the Institute.� Therefore, if employee who sincerely wants to remain teaching in Korea experiences any decrease in enrollment of 50% or more of the Instructor's student in any given calendar month, arbitration between the Institute� the Instructor, and a mutually agreed-upon third party will ensue. If arbitration assigns a probationary period and /or Intensified Training, the Instructor will continue to receive payment for 30 days at the prescribed hourly/ minimum rate, as contractually agreed upon. If enrollment continues to decrease during the probationary period, the Instructor may be given notice of release and termination at any time during the probationary period but may be retained for at least 30 days from such notification: �
e) The institute may terminate this agreement for the following reason:
(1) In such case as the health of the Instructor becomes seriously endangered, and further continuation of teaching is determined.
(2) In such case as the health of the Instructor or his/her dependents, violate the law of the Republic of Korea:
(3) In such case as the Instructor does not carry out the responsibilities stipulated in paragraphs 6:
(4) In the event that submitted documents attesting to the applicant's credentials or qualifications prove to be invalid:
(5) In the event the instructor commits violence or threatens violence, against any staff members, fellow instructors, students or other persons, whether at work or nor at work: �
(f) All parties agree to the conditions of this contract, good will, and agree to resolve disputes as gentle people, willing to compromise: but will submit to the ultimate Judgment of Korean Civil Law for any unresolved disputes arising from matters here in or not addressed herein: �
7. This Agreement constitutes the entire agreement between the parties and supersedes all previous representations, understanding or agreements, oral or written, between the parties with respect to the subject matter herein. �

Date : �������������������


Employer's Signature : _________________��������������� _�����


Date : ____________________


Employee's Signature : ��������

[Satin]

I did not see mention of the pension plan! Would ask for the hours you wlll work to be put in. Ask that the bit about a doctor's note be taken out - it's only three days! You could just ask for the won amount for taxes be put in, but the rate is about right. Your severance pay is based on the last three months of work (you may be working intensives before your contract is up and this means more money).

Overall, not bad. BUT you did the pension added in!

[TheUrbanMyth]

Bad contract.

-- 5C makes you responsible for the recruiter's fee and insurance? You could end up shelling out a couple of million won extra.

--Holidays are limited. The usual I've seen are ten. And the way it is worded they will get you to take one week of vacation at the END of your contract. Not necessarily bad, but if you are not planning to resign you would have taken that vacation anyway.


--Overtime is monthly not weekly...hmm

--No mention of pension

--And taxes seem a bit high for 2.1 million

--Enrollment declines? Not your problem. You shouldn't be penalized because your employer is a bad businessman. It COULD be your teaching...but how do you or he know? This way if he makes a bad business decision and he loses students YOU get to subidize him. I'd be wary of that clause.

You can do better. Keep looking or have some of these clauses removed.

[mimikachu]

I've sent a request to address these important issues. If they don't take me up on that, then, well, I suppose I'll keep on looking around at other offers.

Mimikachu