Korean Job Discussion Forums

[peanut]

Hi,

Can anyone give me some feedback on this contract please? Yes it is shared housing and I'm ok with that if everything else is good. Also I am asking them to take the deposit out. How about the rest of it? Thanks for your help.

This Employment Contract has been made by and between __________ having its location at Pyungchon new town Korea (hereinafter called Employer) and ________ whose address is __________(hereinafter called Employee) for eleven and half month employment from January 15th 2007 to January 14th 2008.


1. Schedule

The regular teaching time will be 120 hours a month (ex: 160classes of 40 minutes class), Monday through Friday. It includes regular 5 minutes break time after class but doesn�t include times that are for class preparation, meal, staff meeting and seminar for training. Classes and teaching schedules will be organized by employer and will be flexible in accordance with the special needs and situations of the school and children. There can be different teaching method like phone teaching besides teaching in the class.

2. Pay/ Overtime

The Employer agrees to pay the Employee a basic salary 2.2 Million won per month. The salary will be regularly paid every month to the Employee.

As for the overtime teaching beyond 120 hours a month, the Employee will be paid 20,000 Korean won per hour (60 minutes). Overtime work except emergency should be informed to employee at least 7 days in advance and employee is to be positive to take it.

Although the Employer taught less than the regular 120 hours per month, the Employer will still pay a base salary of 2.2 Million won per month.

3. Severance Payment

The Employee will be given a bonus of one month salary, 2.2 Million won as bonus (this means severance payment) for completing one year contract period. This amount will be paid at the time of, and is dependent on, the completion of the full contract term.

4. Air Ticket

Economy class air ticket from the nearest international airport (Seattle, USA) to the employee to Korea will be provided to the employee before he/she leaves USA on condition of arrival at the working place in Korea. A returning air ticket will be provided to the Employee�s home upon completing of the full contract period. Regardless of the point of departure, the return ticket will be provided to the nearest international airport to the Employee�s home, and not to the point of departure, should they differ.

In the event that the Employee continues employment under a subsequent employment agreement with the Employer, the return air ticket will be provided at the time of completion of the subsequent contract period(s).

When the Employee resigns within 6 months from his/her arrival in Korea because of the Employee�s faults, the Employee shall reimburse the Employer the airfare paid at the time of arrival in Korea.

When the Employee resigns after 6 months from the Employee�s arrival in Korea and not completed 1 year contract, the Employer shall not give the Employee a returning ticket to his/ her home country.

5. Housing

The Employer will provide the furnished housing for the employee with the rental at the Employer�s cost as agreed upon by both parties and stated below.

* A private furnished 2 bed rooms apartment to be shared by another female foreign teacher.

Running cost of the accommodation (including electricity, gas, water bills, telephone and other utility charges) other than the rental of the housing will be paid by the Employee. In the event that teachers are sharing accommodation, the running costs will be divided between the teachers equally. The Employee is not responsible for the previous occupant�s unpaid bills.

The Employer will deduct 200,000 Korean Won from the Employee�s monthly payment for first three months to make 600,000 Korean Won in total as housing management deposit. This deposit is to cover unpaid monthly service, utility, and telephone charges which will be billed at following or next following month after the Employee�s contract period. Dependent on a written guarantee from a guarantor acceptable to the Employer, the Employer agrees to return the deposit in full to the Employee at the time of completion of the Employee�s period of Contract including any period of employment beyond that covered by this agreement. In the absence of such written guarantee, the Employer will hold the full amount of the deposit until all outstanding monthly service, utility, and telephone charges have been paid.

6. Medical Insurance

The Employer agrees to join employee Korean national medical insurance scheme in compliance with Korean labor law. It doesn�t include dental insurance.

7. Accident Compensation

In the event that the Employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties, the Employee understands and agrees that the Employer will have no responsibility for, nor obligation to pay, medical and hospital costs which are in excess of those covered by medical insurance.

8. Teaching Materials

The Employee will be given materials to teach to the class. And very little reparation time may be given. The Employee may be expected to work alone without a Korean English teacher�s assistance.

9. Holidays/ Sick days/ Lateness/ Absence

During the school year, there are Korean national holidays. And besides these national holidays the employee can have leave for 10 days ( 5 days in the first six months and 5 days in the second six months) subject to the arrangement by the employer and being requested by the employee more than four weeks in advance and approved subject to convenience of re-arranging the teaching schedules by the employer.

School holidays will be included in above employee�s holidays.

The Employer will allow the teachers 3 sick days paid a year. In case of exceeding 3 days of illness, the Employer may deduct a day�s pay for every day the Employee is absent from work or deduct days from holidays. The Employee must notify the Employer at least five hours before class time of illness with the doctor�s diagnosis.

Lateness: If the Employee is late to the class 10 minutes without notification, one hour rate of payment may be deducted.

10. The Employee�s Obligation
1. The Employee shall observe the Employer�s work system and regulations concerning administration of foreign experts and shall accept the Employer�s arrangement, direction, supervision and evaluation in regard to his/ her work.



2. Without the Employer�s consent, the Employee shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with the Employer.



3. The Employee shall complete the tasks agreed on schedule and guarantee the quality of work.



4. Professional dress and grooming in the work are essential to maintain the desired reputation to the school. The Employer shall establish general guidelines for this.



5. The Employee shall be expected to prepare daily topics for the class beforehand.



6. The Employee can be required to attend all the staffs� meeting. If the Employee must be absent, he/she informs the Employer prior to the meeting.



7. The Employee must behave in professional manner during class or when socializing with students after class.



8. The Employee can be required to interview new students and evaluate their placement level.



9. The Employee shall not be absent without the Employer�s permission 2 days in advance notice.



10. The Employee shall respect the Korean people�s moral standards and customs.



11. The Employee shall not sexually harass students in his/ her charge.



12. Any form of physical punishment to students cannot be tolerated.



13. At all times during the term of this agreement, the Employee will directly adhere to and obey all the rules and regulations that have been or may hereafter be established, by the Employer for the conduct of the Employee or generally for the conduct of instructors at the place of employment.



11. Taxes

Taxes and deductions in compliance with Korean Law shall be withheld automatically from the Employee�s monthly salary. The deductions will be income tax, residence tax, medical insurance (50%) and so forth if any, from monthly and severance payment.

12. Relocation and Orientation Time

The Employee will be allowed several days from the date of arrival in Korea for adjustment and school orientation before beginning regular teaching duties. Computation of initial pay period of the Employee will commence from the first teaching day.

13. Termination

The Employer and the Employee may terminate the contract with the written notice 45 days in advance. The proper reasons and adequate grounds must be provided in order for the contract to be dissolved. In the event that this contract is canceled the employer must issue a letter of release, without delay or any undue fee being charged to the employee or potential employers.

14. Arbitration

The two parties shall consult with each other and mediate any disputes which may arise about the contract. If all attempts fail, the two parties can appeal to the organization of arbitration for foreign expert affairs in Korea according to the Korean Regulations and Codes. In the event that no solution is deemed proper to both parties and either party decides to terminate this contract, they must do so in accordance with Section 14 above. Additionally, the employee may seek annulment in case where the employer does not complete the terms of the contract as required of them according to the contract.

15. Sympathy

In the event of death of an immediate family member of the employee arrangements will be made to excuse the employee from work. These days missed will be unpaid days but will not be counted as sick or vacation days.


This contract is signed in duplicate on the 7th day of December , 2006 in English for each party�s perusal and keeping.



Employee�s full name

Employee�s signature

Employer�s full name

Employer�s full signature

[swetepete]

Yo P-Nut--that contract looks pretty standard; that is to say, kind of wierd. I don't like the whole 200 bucks a month gun-to-your-head...it's typical, but I don't like it. It is also, I believe, illegal.
The one thing that got me a little suspicious is that the contract is only 11.5 months, and they only give you a bonus if you do a full year. Why is it less than a one year contract then? Could it be they're going to NOT pay your bonus because you didn't work a full year?
Best to be suspicious, and check that out; I would recommend that you get, in writing, assurance that you will get your full bonus even though you're not working for them a full year.
Anyways, good luck with that. 2.2 ain't bad for a newb. But shared accomodation? I dunno...I'd not do that myself, but if you like room-mates, go for it!

[Satin]

160 classes a month!? Actually, if you do the math, you could work 180 classes a month! Are you nuts?

No pay for seminars, etc.?

Overtime - "employee be positive to take it." Penalty and required!

If you resign, you still only get a return ticket home at the end of the following contract.

Scamming on insurance - includes dental.

Your leave days are counted with the school holidays - NO WAY!

Wouldn't buy off on letting them charge me one hour's pay for being late for 10 minutes!

Must get employer's permission to be absent, two days in advance. What if you are sick?

Need actual deductions specified in amounts and percentages.

You will work for a couple of days without pay.

30 days notice is enough for both.

[peanut]

Thanks for your input guys. I appreciate it.