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trinity24651
Joined: 05 Nov 2006
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 Posted: Thu Jan 04, 2007 12:44 pm Post subject: Alabamaman |
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I took your suggestions on my contract to heart. I informed my recruiter of my concerns. I didn't like his answers...so I completely redid the contract, based on your comments. Would you please look over it and see how I did?
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FIRST YEAR EMPLOYMENT AGREEMENT FOR (Jenna Bailey ) INSTRUCTOR
This EMPLOYMENT AGREEMENT (Hereinafter referred to as a contract) has been made this 3rd day of January, 2007 by and between __________________ (Hereinafter referred to as "Employer"); and ________ , citizen of United States, whose address is _________ (Hereinafter referred to as "Employee").
Employer and Employee agree as follows;
1. Employee accepts employment from Employer to teach the English language under the terms and condition set forth here in the agreement for a period of twelve full and consecutive teaching sessions.
Employment commences from the first day of orientation and finishes on the last teaching day of the teaching session covered under this agreement. This begins approximately January 22, 2007 and finishes on the last teaching day of the last teaching session, approximately January 18, 2008.
2. Duties
2.1 During the term of this agreement, the Employee is required to prepare for, teach,
and carry out all required administrative duties connected with classes assigned by the
Employer. The minimum teaching requirement is 110 hours per pre-established
session, (110 hours means actual teaching hours, 1 session = 20 teaching days).
Monday through Friday are teaching days except for scheduled public holidays and
vacation days. The Employee is entitled to a recess period of 30 minutes/1 hour
depending on how long Employee works. Employee can use recess periods freely.
(Article 53 of the LSA) Teaching days will exclude weekends and school holidays. For
all hours over the minimum 110 hours, Employee is to be paid at the rate of 25,000
Won per hour.
2.3 No regular schedule of working hours can be guaranteed to Employee. Payment made for assigned classes is inclusive of payment for preparation and administrative duties connected with those assigned classes as phone testing. Employee agrees to attend meetings and training workshops scheduled by employer. 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 development.
2.4 Employee may teach classes in other locations such as colleges or other institutions which are scheduled by employer after having been given permission to do so by the Korean Immigration Officials. Employee will be paid by actual teaching hours as well as time spent traveling to and from original place of employment.
2.5 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. A copy of the rules and regulations will be attached to the labor contract when it is presented to Employee upon arrival in South Korea.
2.7 During the contract period, there will be two big programs as spring picnic, autumn
gym or winter concert. These two events will be held on Saturday or Sunday, So every
teacher will attend in these two events without extra payment.
Except the above two events, if there are program which held in weekend, school will ask teachers opinion and if teachers agree to join with that event, then teachers will attend. 60,000 won will be paid for per day
3. Compensation
3.1 Salary: Beginning with the period of orientation and training, Employer will pay Employee for the minimum teaching requirement the amount of 2,100,000 Won for each session of this agreement.
Payment for extra teaching class is made at the rate of 25,000 Won/hour
Total gross monthly earnings for the minimum teaching requirement is 2,100,000 Won/session. Teaching salary will commence with orientation and training.
Korean income taxes and Korean National Pension Scheme and Korean medical insurance deductions will be withheld. Monthly salary payments will be made on or before the 14th day of the month following the month during which the employment services were provided.
Korean Income Taxes: _____% will be deducted from Employee's monthly salary to be paid to the District Tax Office.
Medical Insurance: _______% will be deducted from Employee's monthly salary to be paid to the National Health Insurance Corporation. Currently, this amount is 2.24%. Employer is required to contribute an equal amount and pay the contribution to the NHIC.
Pension Fund: 4.5%
3.2 Orientation and Training: Shortly after arrival in Korea, Employee will be required to
undertake orientation and training before commencing teaching. Employee's salary of
2,100,000 will commence on the first day of orientation and training. The period of
training and orientation will usually be 3~5 day but employer reserves the right to
reduce that period in cases where employee arrives in Korea less than five day before
the commencement of a scheduled teaching session.
3.3 Severance Payment: Dependent upon completion of at least one full year (twelve
sessions) of employment with Employer, Employee will be given, exclusive of monthly
salary payments, an amount calculated as being the average of the last three
sessions salaries. Korean severance tax will be withheld. This payment is made 3
days prior to the termination of employment.
3.4 Re-signing Bonus: In the event that Employee completes the contract of his or her
obligation after which both Employer and Employee agree to continue a second year
contract, the Employer will pay Employee a bonus of 300,000 Won at the
commencement of the second year contract.
4. Transportation
4.1 Transportation: Employer will provide for Employee an economy class ticket for
passage to Korea from an international airport which is mutually agreed to by
Employer and Employee (henceforth referred to as point of departure).
Roundtrip airfare
On completion of the full contract period, Employer will provide for the Employee an economy class ticket for passage from Korea to point of departure. 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).
Air tickets provided cannot be exchanged for cash equivalents or transferred to persons other than the Employee. Employer does not agree to, and is not liable for, compensation to employee, whether in cash or otherwise, for air tickets which are not used by Employee.
5. Housing
5.1 Employer will select and provide furnished living accommodations for employee.
Furnishings will include a table, chairs, a two-burner gas hot plate, a refrigerator, a
telephone, a television, a computer (possible internet) and a washing machine.
Furnishings provided to each employee include: big bed, the cookware, air conditioner,
television, that employee does not have to have any money up front to get
into apartment (heat, gas, water, cable and telephone will already be on. Employee will
take over billing as soon as I take possession of the apartment), and the $70 courier
cost.
5.2 The cost of monthly services, utilities, Internet connection, water, electric, gas, oil
charge and telephone charges for accommodation provided by Employer will be the
sole responsibility of Employee.
Employee agrees that any charges incurred involving services, utilities, and telephone charges left unpaid may be deducted from Employees final check.
5.4 Employee is responsible for housing management. Excluding the problems
attributed to the age of the provided accommodations, employee has to maintain the
accommodation as it was when originally provided to employee. Employee may ask
Employer the procedure or the method to do that.
5.5 There is no other facility except the things on the contract. The extra things
Employee may need later are considered as expendable ones and it has to be paid by
Employee.
All the equipment that the Employee buys have to be terminated by employee's expense when the contract is completed.
5.6 Employee has to maintain the living accommodations clean for the next residents.
6. Holidays and Vacation
6.1 Employee will be entitled to observe public holidays and receive vacation days
during the contract term according to the yearly schedule provided by employer before
the commencement of the year to which the schedule refers. There are at least twenty
(20) vacation days in each calendar year (January - December). Employee may use
up to 5 vacation days consecutively.
6.3 Absence from Duties: Salary is not maintained when employee is absent from
teaching duties.
6.4 Emergency Leave: Employee will be eligible to receive up to seven (7) days of paid
emergency leave in the event of death or serious illness in Employee's immediate
family, only when all necessary documents are provided. Employee will also be
eligible for 5 days of paid leave for sickness.
Such emergency leave will be granted at the sole discretion of Employer.
7. Accident Compensation: 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.
8. Dismissals or Voluntary Resignation
8.1 Employer will have the right to dismiss Employee for unwillingness or inability to
meet conditions of employment as set out under this agreement, for conduct seriously
jeopardizing any student or staff person, or for criminal activity.
8.2 In the event that the Employee is dismissed, or in the event that the Employee
voluntarily resigns prior to the termination of the term or this agreement, Employer will
pay salary due up to the date of termination. Employer will not pay the cost of return
transportation to point of departure for Employee, nor will Employer pay any severance
payment. Further, if Employee works less than six (6) months, 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. If Employee works six (6) or more months,
Employer will not withhold any monies from Employee's check.
8.3 In the case Employee breaks the working code or covenants, employer can
dismiss Employee.
9. Covenants
9.1 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.
To undertake such employment is a breach of Korean Immigration law and can have serious consequences.
9.2 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.
10. Jurisdiction: 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.
11. Others
11.1 This contract states only basic regulations of working conditions and each clause
should be recognized as a general rule. Thus, Employee should follow the conditions
of all items according to the attached regulations. The attached regulations may vary
according to each situation.
11.2 While working at school, employee should behave according to Korean courtesy
and culture and should try to maintain an open and positive attitude.
Employer and Employee have executed this agreement on the date indicated below.
Intending to be legally bound to and in witness of Employer and Employee have appended their signatures.
____________________________ __________________________
Employer Employee
____________________________ ___________________________ Date Date |
Last edited by trinity24651 on Thu Jan 04, 2007 4:42 pm; edited 2 times in total |
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Satin
Joined: 26 Oct 2006
Location: Texas
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| Posted: Thu Jan 04, 2007 3:24 pm Post subject: |
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I not alabamaman --- but, here's my two cents worth.
2.3 Not good. Should be able to give at least the to and from hours. Phone testing? Not me!
2.4 Ask for a transportation allowance if they aren't transporting you. And make sure the other "places" are on your ARC.
2.5 Ask for a copy of the rules now.
2.7 You're still agreeing to work two saturdays without pay.
No 60,000W for any saturday - full overtime rate!
Paydate is way too late unless you start on the 13th or 14th of the month. Don't be willing to let them rat-hole two weeks pay. They use it as insurance in case you depart quietly.
3.2 Delete this. Was already covered.
3.3 Severance tax?
Airfare - Ask for airfare at the end of the contract. It saves him money if you don't get it when you re-sign. Or -- Ask for a re-signing bonus.
5.1 Carrier cost?
5.4. Housing management. The wording in this paragraph is strange. Wouldn't want to end up fighting the landlord and director over who pays for the repair of leaking heating systems, mold, etc.
6.1 Still not clear on this. Should have at least one sentence for legal holidays. A separate sentence for actual vacation days.
8.3 Shoddy. You don't even know the codes. Must stipulate Korean laws.
9.1 Earlier in the contract, they said you would be pawned out to other schools. Here -- they say you aren't. One or the other has to go!
11.1 Attached reulations?
11.2 Ha, ha!
The beginning of the contract needs to state your begin/end dates according to your visa. If you go without one, you already know it's illegal. A good way hagwons to get an extra month from a foreigner. |
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trinity24651
Joined: 05 Nov 2006
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| Posted: Thu Jan 04, 2007 3:36 pm Post subject: |
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| Dawn - some of the things that bama questioned and changed in the original contract don't bother me. I've just invested so much time in this place...I know that I am not going to get everything that I ask for. For me, the things that I left the same aren't as important to me. As far as codes...I don't know about them. |
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tiger fancini
Joined: 21 Mar 2006
Location: Testicles for Eyes
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| Posted: Thu Jan 04, 2007 3:43 pm Post subject: |
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6.1 Employee will be entitled to observe public holidays and receive vacation days
during the contract term according to the yearly schedule provided by employer before
the commencement of the year to which the schedule refers. There are at least twenty
(20) vacation days in each calendar year (January - December). Employee may use
up to 5 vacation days consecutively.
I wouldn't be happy with this part either. Do the "at least 20 days" include national holidays?
6.3 Absence from Duties: Salary is not maintained when employee is absent from
teaching duties.
Does this mean no sick pay?? |
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trinity24651
Joined: 05 Nov 2006
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| Posted: Thu Jan 04, 2007 4:53 pm Post subject: |
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6.3 Absence from Duties: Salary is not maintained when employee is absent from
teaching duties.
Does this mean no sick pay?? |
Per alabamaman, I put in there "5 paid sick days" somewhere else in the contract. |
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ilovebdt
Joined: 03 Jun 2005
Location: Nr Seoul
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| Posted: Thu Jan 04, 2007 5:02 pm Post subject: |
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[quote="tiger fancini"]6.1 Employee will be entitled to observe public holidays and receive vacation days
during the contract term according to the yearly schedule provided by employer before
the commencement of the year to which the schedule refers. There are at least twenty
(20) vacation days in each calendar year (January - December). Employee may use
up to 5 vacation days consecutively. quote]
I'm confused.
Are those 20 vacation days in addition to the Korean public holidays?
If so, this is good for a hagwon.
However, this needs to be explained better or you might find your vacation days being a 3 day Korean public holiday plus two other days.
Can you take vacation at any time or must it be during the school's vacation time? Do you need to agree your vacation time in advance?
ilovebdt |
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trinity24651
Joined: 05 Nov 2006
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| Posted: Thu Jan 04, 2007 5:13 pm Post subject: |
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I feel like I'm trying to reword the Constitution!!!  |
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ilovebdt
Joined: 03 Jun 2005
Location: Nr Seoul
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| Posted: Thu Jan 04, 2007 5:29 pm Post subject: |
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That's very true Trinity, but it could save you a lot of stress later on.
I'll give you an example. My first contract was at a hagwon and it stated that I could take 10 days holiday, but it didn't say when.
Back home in the UK you can take your holiday when you want, so I decided I needed a break and said to my boss I wanted to take a week off.
To my surprise I was told that I could only take holiday when the school was on holiday.
It's better to know now than to waste time later trying to get what you want.
ilovebdt |
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trinity24651
Joined: 05 Nov 2006
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| Posted: Thu Jan 04, 2007 6:16 pm Post subject: |
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That's very true Trinity, but it could save you a lot of stress later on.
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I can't even fathom more stress than I'm having right now!!! |
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ilovebdt
Joined: 03 Jun 2005
Location: Nr Seoul
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| Posted: Thu Jan 04, 2007 6:24 pm Post subject: |
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| trinity24651 wrote: |
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That's very true Trinity, but it could save you a lot of stress later on.
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I can't even fathom more stress than I'm having right now!!! |
Best to stress now than later when you have signed something which could be interpreted a hundred different ways 
ilovebdt |
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babtangee
Joined: 18 Dec 2004
Location: OMG! Charlie has me surrounded!
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| Posted: Thu Jan 04, 2007 6:26 pm Post subject: |
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| If this school truly believes in this contract, you do not want to work there. Reword everything, see if they will sign it. If not, I can't recommend taking this job (the average contract is bad, this is significantly worse). |
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trinity24651
Joined: 05 Nov 2006
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| Posted: Thu Jan 04, 2007 8:06 pm Post subject: |
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| The contract that I just posted on this thread IS the reworked contract. I went pretty much by alabamaman's suggestions. |
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Dan The Chainsawman
Joined: 05 May 2005
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| Posted: Thu Jan 04, 2007 8:36 pm Post subject: |
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Once they bend you over, lube you up, and take you savagely from behind the contract will be good for wiping the tears off your face. What counts is will you have the strength of spirit to go bell to bell with your wonjon to enforce the contract? Because if they are negotiating with you this hard now chances are they will try to run all over you during your employment.
A good contract is merely a cog in the overall machine of a good employment here in Korea. |
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trinity24651
Joined: 05 Nov 2006
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| Posted: Thu Jan 04, 2007 8:44 pm Post subject: |
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| I have my vaseline/KY Jelly on hand...just in case. But I don't think anywhere that I go is going to be a 100% guaranteed winner. |
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Dan The Chainsawman
Joined: 05 May 2005
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| Posted: Thu Jan 04, 2007 9:13 pm Post subject: |
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| good call. |
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