Korean Job Discussion Forums

[Streetdogger]

Hey I just got this contract offer from a school that i've been in touch with over the past week or so. I've heard of ECC schools before but i've been told that perhaps i should get some more qualified or experienced teachers to skim it and let me know if its completely legit and if anything needs to be reworked. If anyone has the time, please let me know if this is a suitable contract.

Thanks, I'd really appreciate it.

Mike


ECC Seodaemoon

EMPLOYMENT AGREEMENT FOR INSTRUCTOR
FIRST YEAR CONTRACT


This EMPLOYMENT AGREEMENT has been made this December/ 07 / 2006 by and between Seodaemoon Sisa Language institute a corporation organized and existing under the laws of the Republic of Korea, and having its principal office at 80-1 Yeonhee-dong, Seodaemoon-gu, Seoul 120-110 (hereinafter called "employer")and Michael J. Armstrong a citizen of Canada whose domicile is at 366 herkimer Ave. Hamilton, ON L8P 2J1 CANADA (hereinafter referred to as "employee")


WITNESS

Each English language instructor recruited and approved by employer to teach the English language shall be directly employed by employer under and employment agreement between employer and each such particular instructor. Employee has been selected and approved by employer, to teach the English language, therefore, employer and employee, in consideration of the mutual promises and covenants contained herein, agree as follows:


1. EMPLOYMENT of EMPLOYEE : Employer hereby employs employee to teach the English language in the form and manner and under the terms and conditions set forth here in this agreement. Employee hereby accepts employment form employer to teach the English language in the form and manner and under the terms and conditions set forth here in this agreement.


2. PLACE OF EMPLOYMENT : Employee will be employed to teach the English language at the address of the principal office as above(hereinafter referred to as "place of employment") Employee maybe required or requested to teach the English language outside and apart from the place of employment. In such case, employee will be reimbursed for travel expenses incurred beyond those expenses normally incurred in travel from the employee's home to the place of employment.


3. TERM OF AGREEMENT AND RENEWAL

3-1 The term of this agreement shall include orientation time, twelve(12) full and consecutive teaching sessions, and all scheduled vacations and holidays which fall between or during teaching sessions. The total agreement term is approximately one year, commencing from the first day of orientations (January , 2007 ) and finishing on the last teaching day of employee's twelfth teaching session.( January , 2008)

3-2 Employee agrees to discontinue residence in Korea under the visa status sponsored by employer within five days of termination of employment.

3-3 Periods of employment of employee beyond that covered by this agreement must be agreed to by employee and employer, in writing, at least three months before the expiration of the term of this agreement.




-page1-


4. DUTIES OF EMPLOYEE

4-1 During the term of this agreement, Employee will accept, obey, and comply with the instructions, supervision, training, and discipline of the Employer and will carry out such assignments as the Employer directs. These duties will include instruction in any and all phases of the instructional program, administrative duties related to the Employee's classroom duties, attendance at scheduled staff meetings and workshops, and any other duties as may be assigned by the Employer. The Employer is responsible for establishing standards of performance relative to the Employee and is empowered to take reasonable steps necessary to assure those standards are met.

The purpose of meetings and workshops is to inform employee of matters relating to employee's duties and the institute's operation or to assist in employee's professional developments. No payment in excess of or in addition to employee's monthly salary will made for attending meetings or workshops scheduled by employer.


4-2 During the term of this agreement, the Employee will be required to perform work assigned him/her by the Employer for thirty six classes each week.(144 classes a month) Work days are from Monday to Friday. NO regular schedule of work hours can be guaranteed to Employee.


4-3 In addition to the aforesaid thirty six classes of classroom assignments each week, the Employer will have the authority to require Employee to perform any classroom duties in excess of thirty six classes per week (hereinafter called "Overtime"), but the Employer will not have the authority to require Employee to work more than forty five hours in total in any one week unless Employee consents thereto. Only classroom contact hours in excess of thirty six classes per week and approved by the Employer are considered overtime. Employee will be paid at the rate of 15,000Won for each hour of overtime.(1 overtime = 40 minutes)


4-4 Employee agrees to be present at the place of employment at least one hour before the commencement of each day's allocated teaching schedule to allow time for organization of teaching materials and preparation for the day's lessons.


4-5 The Employer has the authority to assign Employee some non-teaching hours, within the limits on total work hours set forth hereinabove.


4-6 At all times during the term of this agreement, Employee 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 Employee or generally for the conduct of instructors at the Place of Employment.


4-7 Employee agrees to dress appropriately at all times when teaching or when present on the premises of the place at employment and to follow the advice, directives and policies of employer regarding what constitutes appropriate dress.


4-8 Employee understands and agrees that at all times during the term of this agreement, Employee will strictly adhere to and obey all laws, regulations, provisions, instruction, and guidance from the Government of Korea or any local government or officials there of.


-page2-

5. COMPENSATION AND OTHER TREATMENT OF EMPLOYEE

5-1 Transportation: Employer will purchase for Employee an economy class ticket for passage on a regularly scheduled airline to Korea from an international airport which is mutually agreed to by Employer and Employee (henceforth referred to as point of departure). In the event Employee completes the full contract period, Employer will purchase for the Employee an economy class ticket for passage on a regularly scheduled airline from Korea to the point of departure or provides the same amount of money as a return ticket (700,000 won). The return air ticket will be provided at the time of termination of employment. In the event that the Employee continues employment under a subsequent employment agreement with Employer, the return air ticket will be provided at the time of completion of the subsequent contract period(s). In the event that Employee chooses to arrange his/her own transportation to Korea at commencement, or from Korea after completion of employment, Employer will pay Employee the equivalent of the cost of the cheapest economy class ticket to or from Employee's point of departure.

5-2 Orientation Time and observation: After arrival in Korea, Employee will be allowed several days for adjustment and school orientation before beginning regular teaching duties. The orientation days will be spent in the institute preparing for classes and learning the instructional system. And Employee will be required to observe the other instructor's classes at the above Place of Employment during the orientation period as well as the 12(twelve) working sessions : No payment in excess of or in addition to employee's monthly salary will be made for attending observations scheduled by employer.

5-3 Salary: Employer will pay Employee as compensation for all services rendered the total aggregate monthly salary of ￦ 2,000,000 Won for each month of the contract period with Employer. "Month" and "monthly" refer to a calendar monthly. Computation of the initial pay period will commence from the first day of the session. Payment for part of a month of employment will be calculated on the number of days employed. Payment of the aforesaid salaries will be made in Won. Korean income taxes, residence tax, and National pension Scheme deductions will be withheld. Monthly salary payments will be made on or before the eighth day of the month following the month during which the employment services were provided.

5-4 Vacation: Employee will have about 12(twelve) vacation days during the contract term Vacations are taken according to a schedule provided by Employer before the commencement of the year to which the schedule refers. Vacations can only be taken as scheduled.

5-5 Holidays: Employee will have holidays during the contract term 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.(it's not paid during the holidays and vacations.)

5-6 Absent from duties

5-6-1 Salary is not maintained when Employee is absent from teaching duties. In the event that Employee is absent from duties for whatever reason, monthly salary will be reduced according to the length of the absence. Reductions will be based on basic salary rate.

Transference of teaching duties by Employee to persons other than Employee is not possible without the permission of Employer.

5-6-2 In the event that Employee is absent for more than two days consecutively, Employee must provide a medical certificate.

-page3-




5-7 Emergency Leave: Employee will be eligible to receive up to six(6) days of paid emergency leave in the event of death or serious illness in Employee's immediate family. The immediate family of Employee for the purpose of this paragraph will include only parents, grandparents, grandchildren, spouse and children, and brothers and sisters at the time of singing this agreement. Such emergency leave will be granted at the sole discretion of Employer. The Employee will bear the cost of transportation in the event of a need for emergency leave. Payment for emergency leave will only be made in the event that the Employee resumes duties with the Employer.


5-8 Severance Payment: Dependent upon completion of the full contract period : the Employee will be given an additional 2,000,000 won. Korean severance tax will be withheld. In the event that the Employee does not renew or extend employment under a subsequent employment agreement with Employer, this payment will be made at the time of completion of the contract period.


5-9 Housing

5-9-1 Employer will select and provide furnished living accommodations for Employee.

The accommodation is a single apartment, which includes: A kitchen table and chairs, a two-burner gas hot-plate, a refrigerator, a telephone, a television , an air-conditioning and a washing machine. Furnishing provided to each employee include: a bed, a wardrobe, and a fan.

5-9-2 The cost of monthly service, utility, and telephone charged for accommodation arranged by Employee will be paid by the Employee.(or paid by Employer and the amount is deducted form the monthly salary of the Employee.)



5-10 Medical Insurance: Employee will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The costs of this coverage will be borne half by Employer and half by Employee. Payment will be made by monthly deduction from Employee's salary, at present 1.5% and a like amount contributed by Employer. Coverage commences from date of joining the KMIU. Due to requirements from the immigration and taxation department, coverage will commence approximately three to four weeks after arrival in Korea.


5-11 Accident Compensation : In the event that employee sustains injuries from and accident of mishap during the course of normal work duties, of within the premises 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 of 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.




-page4-


6. DISMISSAL OR VOLUNTARY RESIGNATION

6-1 Employer will have the right to dismiss Employee for unwillingness of inability to meet conditions of employment as set out under this agreement, including neglect of duties. Prior to any such dismissal, agreement, including neglect of duties. Prior to any such dismissal, Employee will be warned of dissatisfaction with performance of conduct and will be afforded an appropriate period in which to remedy the same.


6-2 Employer will have the right to dismiss Employee for conduct seriously jeopardizing any student of staff person, of for criminal activity. In such instance, Employer has the right under this agreement to execute immediate dismissal and no warning nor time for remedy need be allotted.


6-3 In the event that the employee is dismissed, or in the event that the employee voluntarily resigns prior to the termination of the term of this agreement, employer will be obligated to pay all salary due to date of termination. Employer will have no duty and will not be obligated to pay the cost of return transportation to point of departure for employee, nor will employer be obligated to pay any severance pay. Further, employer will be entitled to withhold an amount less than or equivalent to, but not exceeding, the cost of air fare provided for travel to Korea (ref. paragraph 5.1 above).


6-4 In the event that war, civil disturbances, of political conditions prompt a directive from the government of the Republic of Korea of the government of employee's citizenship to leave Korea, this employment agreement will be terminated as of the date of such directive. In such case, employer will provide to employee an air ticket to point of departure, irrespective of length of employment period. All salary due at date of termination will be paid. Pro-rated severance pay will be given for periods of employment of less than twelve months.



7 COVENANTS

7-1 Employee hereby agrees, covenants, and undertakes that he/she will not undertake any teaching duties or employment with any persons or organizations other than the employer. Failure to comply with this article is cause for immediate dismissal.


7-2 Employee hereby agrees, covenants, and undertakes that he/she will not disclose teaching materials, syllabus details, or any other information relating to the academic program, whether verbally of in written form, to individuals or corporate entities not employed by employer.





7-3 Employee hereby agrees, covenants, and undertakes that at all times during the term of this agreement or subsequent to the termination of the agreement, the employee will not use name of the employer for business purposes or otherwise, and will not represent of hold himself/herself out as an authorized representative of the employer in Korea.



-page5-



7-4 Unless otherwise agreed to in writing, the employee understands and accepts that the rights to use, sale, distribution, or publication of all original material produced by the employee during the course of employee's employment, and for which the employee is compensated as either regular pay, as overtime, or in an agreed-upon lump sum, remain the sole property of employer.


8. MERGER CLAUSE: This agreement constitutes the entire understanding between the parties hereto with respect to the subject matter hereof, and supersedes all previous negotiation, commitment, and writings with respect hereto. No modification of this agreement will be binding or have any legal effect unless set forth in a written agreement amending this agreement and signed by both parties hereto. Furthermore, this contract nullifies and voids any previous contract between the two parties.


9. INDEMNIFICATION CLAUSE: Employee will indemnify, and hold harmless, employer from any damages which employees may sustain, in any manners, through the misconduct of negligence of employee.


10. WAVIER: The failure of either party hereto at any time to enforce the terms, provisions, or conditions of this agreement will not be construed as a waiver of the same or of the right of such party to enforce the same.


11. GOVERNING LANGUAGE and JURISDICTION: 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 thereof. This agreement will be interpreted according to the internal (domestic) laws of the Republic of Korea. A competent court in the Republic of Korea will have jurisdiction in regard to any dispute or claim arising out of, or in connection with, this agreement.



Employer and employee have executed this agreement on the date indicated below intending to be legally bound hereto, and IN WITNESS WHEREOF, employer and employee have appended their signatures.





employer employee





Date Date




-page6-

[rhinocharge64]

Your severance is 2 mill won so i am assumeing your monthly salary is 2 mill, on this alone i would say hell no to this contract. They want you to teach 36hrs a week for this, you can 2 mill for a standard 30 hrs teaching. There are other issues like sickness reductions, at the very least you should be afforded 3 days sick leave, but you don't get that just loss of salary. Also so ECC is a chain and it's all down to pot luck, you could have a great director or a complete wacko. But salary alone i would bin it, your a fool if you take it and you aint doing anybody any favours by accepting this deal. Remember hoggies are two a penny and the public schools are recruiting more than ever, in fact there is a shortage in both sectors. Keep looking and you will find better, 36 hrs teaching per week plus prep i would want at least 3mill ,in fact i don't think i would do it for less than 4mill because you will be on pure burn out.

[ttompatz]

[swetepete]

Hey dude--this contract looks standard, which is to say, kinda bad.
The big problems here are...
1) they are getting you to teach WAY too many classes.
2) they are not paying you enough.

I've known about a thousand people who've worked at ECC schools around Seoul and Incheon, and as far as I can remember, not a single one of them has ever renewed their contract. This is a telling stat.

My aquaintances also had many beefs with the ECC schools, specifically because they had to wear ties (to teach children, fer chrissakes), work Saturdays sometimes, share housing, and deal with halfwitted management.