Korean Job Discussion Forums

[missmarsters]

I had a contract that I posted here. After review, I asked my director [I am going through a recruiter] about my contract problems that I had. My recruiter called me back today and [with no complaints] agreed with my changes and said my director did too....so, he said that I was allowed to edit the contract myself. I get to change my health care, add what furnishings will be in my studio, I get to edit my hours and add an emergency leave clause. I also get to add a clause about 30 days written notice in the case of a resignation or termination....

I am very happy about this, as you can understand. But, is this normal? Have any of you edited your own contracts before? I find this very weird...

Thanks!

[ChuckECheese]

Yes, it's normal.

When I first signed with my school, I've virtually rewrote their original contract to suit me. I'm into my 10th month and have two more months left. I am very happy with my hagwon so am considering renewing my contract for another year.

[ttompatz]

[sconner]

My recruiter said the same thing, but what about the translations in Korean? Should I just delete them or send it back to the recruiter to fix?

[icicle]

[missmarsters]

Thanks for the responses!

sconner-My contract states that the English version is the only version drawn up and will be the legal version used if any problems arise. You might see if you can add that clause at the bottom?

Interestingly enough, my recruiter did not ask to see the final copy until I asked him if I should email it or not...

[eddie1983man]

I've heard the korean version is the official one, but im no expert.

[garykasparov]

Posted: Tue Jun 05, 2007 1:51 am Post subject: Newbie Contract

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The contract the OP posted

I was hoping that some of you could take a look at my contract. I was just sent this and know that there are some problems [a bit vague on what my teaching hours are, whether I can refuse weekend hours (it initally said this in the email offer) and other things.] If someone could help me out with this, because I know you are all WAY more experienced than I, I would greatly appreciate it.

Thanks! Here goes:

This employment agreement has been made this June 5th, 2007 between ______ (hereinafter referred to as �employer�), having it�s principal office at: _______ and _______ (Hereinafter referred to as �employee�) whose domicile address is: ______________________________________________



I. EMPLOYMENT OF EMPLOYEE

1. Employee 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.

II. PLACE OF EMPLOYMENT

1. Employee will be employed to teach the English Language at ________ (Hereinafter referred to as �place of employment�)

III. DUITES OF EMPLOYEE

1. During the term of this agreement, employee will accept, obey and strictly comply with the instruction, supervision, and discipline of the place of employment Institute manager. These duties will include administrative duties related to the employee�s classroom duties, attendance at scheduled staff meetings and workshops, and any other duties that are assigned by their Institute Manger.

2. During the term of this agreement, the employee will be required to perform work assigned him/her by their Institute Manager for 30 hours per week


3. In addition to the aforesaid thirty hours of classroom assignments each week, the Institute Manager may require the employee to perform any classroom duties in excess of 30 hours per week (hereinafter referred to as "overtime"). Only classroom contact hours in excess of 30 hours per week and approved by the Institute Manager are considered overtime, at a rate of 20,000 WON per hour. Attendance at scheduled staff meetings and workshops is not considered over-time. Employee will not receive any compensation for attendance at meetings, workshops.

4. 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, instructions and guidance from the Government of Korea or any local government or officials thereof.

5. Employee shall not partake in any activities that may damage the reputation of Khan English Academy including making sexual advances towards, or enter into relationships with students or employees of Khan English Academy Violations of this amendment will be grounds for immediate dismissal.



Ⅳ. COMPENSATION AND OTHER MONETARY AGREEMENTS

1. SALARY
Employer will pay employees as compensation for all services rendered, the total aggregate monthly salary of 2,400,000 WON for each month of the contract period with employer. Payment for part of a month of employment (at commencement and termination) will be calculated on the number of days worked. Payment of the aforesaid salary will be made in won. Korean income taxes of approximately 5% will be withheld. All salary payments will be accompanied by an itemized list of salary deductions.

2. PAID VACATION DAYS AND NATIONAL HOLIDAYS
Employee will receive ten (10) days paid vacation, during the contract year, and all Korean National Holidays off and paid as well. Vacations must be scheduled with and approved by Institute Manager and at least thirty days in advance. Normally, employee follows academy�s schedule as school holiday. Employee must also prepare lesson plans to be used by the substitute teacher.

3. PAID SICK LEAVE
Employee will be paid at the normal salary rate for absence from duties due to illness or accident (sick leave). Absence with pay is limited to three (3) days for the full contract period. Salary will not be paid for absences in excess of the three days allowance. Unused sick leave may not be taken as vacation leave, and is not compensated by money equivalent at the expiration of the contract period.

4. EMPLOYER-SUPPLIED HOUSING ( X )Single ( )Sharing ( )Not provided
Employer will select and provide furnished living accommodations for employee. The accommodations may be in a studio, an apartment, a house, or an office-tel. Depending on availability, employee may live alone, or share living quarters with two or more people. Shared living space will include a private bedroom per employee, and kitchen and bath space will be shared. Selection of living accommodations will be made by employer. The cost of monthly services, utilities, and telephone charges are the sole responsibility of the employee and /or all residents.

5. TRANSPORTATION
Employer agrees to provide Employee a one-way ticket to Korea. In the event that the
Employee fails to complete the first 6 months, the Employee agrees to reimburse the
Employer the actual cost of the said airfare. After the one-year contract is completed, the
Employer will provide the employee with a return ticket (not the money for the ticket price)
to the original point of departure. If the employee renews the contract for another year then,
the employer provide the ticket only once in the very last month of the contract.

6. HEALTH INSURANCE
Employee will be covered by medical benefits under the Korean Medical Union, a government health organization, the cost of this coverage shall be borne 50% coverage by employer.

7. SEVERANCE PAY CLAUSE
Employee will receive the severance pay at the expiration of the contract period. The repayment will be paid on the last pay day. The severance pay is equal to regular one month salary

V. DISMISSAL OR VOLUNTARY RESIGNATION

1. Employer will have the right to dismiss employee for clear and frequent neglect of duties under this agreement, including but not limited to unauthorized absences from the place of employment without approval of the Institute Manager, or for manifest inability to perform duties under this agreement. Criminal or other conduct inside or outside the place of employment that would, in the opinion of their Academic Director, Institute Manager, seriously endanger any student or staff person, or the reputation of employer, will be cause for immediate dismissal and no time for remedy will be allotted.

VI. COVENANTS

1. Employee hereby agrees that he/she will not undertake any teaching duties or employment with any persons or organizations other than the employer without prior written approval from employer of the specific employment contemplated by employee. Failure to comply with this article is cause for immediate dismissal.

VII. MERGER CLAUSE

1. This agreement constitutes the entire understanding between the parties hereto with respect to the subject matter hereof, and supersedes all previous negotiations, commitments, 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.

VIII. INDEMNIFICATION CLAUSE

1. Employee will indemnify and hold harmless employer from any damages which employee may sustain, in any manner, through the misconduct or negligence of employee.

2. Employee will indemnify and hold harmless employer and employer's representatives from any damages which employee may sustain, in any manner, through the refusal of the government of Korea to permit entry to the republic.

IX. WAIVER

1. 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 any party to enforce the same.


X. GOVERNING LANGUAGE

1. 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.


XI. GOVERNING LAW AND JURISDICTION

1. 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.

XII. PERIOD OF EMPLOYMENT

1. The period of employment under this contract is from the arrival to same date of next year beginning ending in the Republic of Korea. In the event the instructor's actual arrival on the job does not take place on the commencement date above, the contract period shall be one full year from the actual arrival date, less 2 days to prepare for departure.

XIII. SEVERANCE PAY CLAUSE

1. Employee will receive the severance pay at the expiration of the contract period. The repayment will be paid on the last pay day. The severance pay is equal to regular one month salary.




Employer Employee
Date Date


A few extra questions if you all have the time:
1. How do I nicely go about asking for contract changes? I am going through a recruiter, but have also been in contact with my director. She does not speak English very well, so most of my questions will go through him.
2. Do I need it to be so specific as to list what sort of furnishings I will get, what grades I will teach, and when I will get paid?

Again, thanks and I really look forward to hearing your responses.