October 24, 2017, 07:58:00 AM


Author Topic: Two offers... which is a better deal (if any)?  (Read 673 times)

Offline wrightst

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Two offers... which is a better deal (if any)?
« on: April 22, 2017, 01:21:56 AM »
Hi everyone! I am not sure that either contract is ideal, and could really use some advice from you all 😊

1st offer:



Employment Agreement
 Institute located in ...... (hereinafter referred to as “Institute”) and                 a citizen of                          (whose passport number is  and permanent address is                    , hereinafter referred to as “Teacher”) make this employment agreement (hereinafter called “Agreement”) and agree to the terms and conditions set forth herein.

서울소재 워릭어학원 (이하“학원”이라한다)과      국민,              , (여권번호:                  , 주소:                            , 이하 “ 강사”라 한다)은 본 고용계약(이하 “계약”라 한다)을 체결하며 아래와 같은 계약조건에 합의한다.


Article 1. Term of “Agreement”
The term of “Agreement” shall be 12 month period starting from                     and ending                    .
“Agreement” can be renewed or extended with mutual agreement. Renewal or extended agreement must be signed no later than 2 months prior to the end of “Agreement”.
The “Teacher’ should be healthy mentally andphysically. Within the first month after the “Teacher” reports to work, the “Teacher” is required to undergo a medical check-up as required under the Korean immigration law and to complete the alien registration process and to provide a copy of the alien registration card to the “Institute”..

제 1조 “계약”의 기간
1. 계약의 기간은                일 부터                 일 까지       개월 기간이다.
2. 본 고용계약은 상호합의에 따라 재계약 되거나, 연장될 수 있다. 재계약 및 연장계약은 최소한 본 계약의 종료 2개월 전에 이루어 져야 한다.
3. 강사는 정신적으로나 신체적으로 건강하여야 한다. 강사는 근무를 시작한 이후 첫 1개월 내에 출입국
관리법에 따른 신체검사를 받고 외국인등록을 완료하며, 외국인등록증사본을 학원에 제출한다.

Article 2. Duties and Responsibilities of “Teacher”
To teach English language according to the curriculum and the teaching method of “Institute”
To perform administrative and extracurricular works such as lesson plan, student placement/level testing, lunch-table classes, etc. as instructed by “Institute” 
To familiarize with curriculum, teaching materials, procedures, and policies of “Institute”
To assist “Institute” with the development of teaching materials or programs when needed
To participate in staff meetings, events and activities of “Institute”
To notify “Institute” promptly when “Teacher” is sick, in peril, or in need of help.

제 2조 “강사”의 업무와 책임
1. 학원의 교과과정 및 교습방법에 따라 영어를 가르친다.
2. 학원의 지시에 따라 강의 계획, 학생 배치/레벨 시험, 점심학습, 등과 같은 관리 및 기타 업무를 수행한다.
3. 학원의 교과과정, 교재, 규정 및 정책을 숙지하여야 한다.
4. 필요 시 강의 재료 혹은 강의 프로그램 작성을 지원한다.
5. 학원이 개최하는 직원회의, 행사, 활동에 참여한다.
6. 강사가 아프거나, 위험에 처하거나, 도움이 필요한 경우 학원에 즉시 연락을 한다.

Article 3. Work Hours
Work hours shall be from       to       Monday through Friday excluding national holidays of Republic of Korea, and shall include time for breaks.
“Teacher’” will teach up to 120 hours per month, and daily or weekly schedules of teaching classes shall be set by the “Institute” within the work hours set forth in paragraph 1 above.
“Teacher” agrees that the work hours can be adjusted in such a case where “Institute” needs to change the schedule of classes as it deems necessary. However, the total work hours shall not exceed the number of hours articulated in paragraph 1 above.
At the request of “Institute”, “Teacher” may need to work overtime hours beyond the work hours set forth in paragraph 1
 
제 3조 근무시간
근무시간은 대한민국의 공휴일, 토요일, 일요일을 제외하고 월요일부터 금요일까지 휴계시간을 포함하여         
           
강사는 월 120시간 강의를 하며, 일 별, 주 별 강의 일정은 1항의 시간 내에서 학원이 정한다.
학급일정의 조정에 따라 근무시간의 변동이 필요한 경우 강사는 이에 동의한다. 단, 총 근무시간은 1항에 명시된 총 근무시간을 초과하지 않는다.
학원의 요청에 따라 강사는 1항의 근무시간을 초과하여 근무를 할 수 있다. 

Article 4. Salary and Severance pay
The monthly salary shall be  2,300,000  Korean Won per month. 
The monthly salary shall be paid on the  10  th of the every following month. If that day falls on a holiday, or Saturday, or Sunday, salary shall be paid on the immediately preceding business day.
When “Teacher” works overtime hours in accordance with Article 3, paragraph 4 above, “Teacher” shall be paid overtime payment at the rate of          Korean won per hour.
Participation of “Teacher” in meetings or events which are set forth in Article 2, paragraph 5 shall not constitute the overtime work even though such activities may take place out of the work hours set forth in Article 3, paragraph 1 above, and “Teacher” shall not claim compensation for participation in such meetings or events.
“Teacher” shall be paid a severance pay of       million Korean won when “Teacher” completes the 12 month contractual period. The severance pay shall be neither subject to proration nor paid when the “Agreement” is either closed or terminated before the completion of 12 months contractual period.

제 4조 급여 및 퇴직금
월 급여는   2,300,000      원이다.
월 급여는 매월 다음달  10 일에 지불한다. 만일 급여일이 공휴일, 토요일, 일요일인 경우, 급여는 그 익일에 지불된다.
강사가 제 3조 4항에 따라 초과근무를 하는 경우, 강사는 시간당         원의 초과근무수당을 받는다.
제2조 5항에 따른 회의 혹은 행사 참여는 비록 그러한 활동이 상기 제3조 1항에 정한 근무시간 이외에 일어난다 해도 초과근무에 해당하지 않으며, 강사는 그러한 참여에 대한 보상을 요구하지 않는다. 
강사가 제1조에 명시된 12개월의 계약기간을 완수할 때, 강사는         원의 퇴직금을 받는다. 계약이 12개월 계약기간 완료이전에 계약이 해지되거나 종료되는 경우 퇴직금은 분할의 대상이 되지 않으며, 지불되지 않는다.

Article 5. Holidays and Vacation
1. During the term of this “Agreement”, “Teacher” shall be entitled to a total of      working days of
   paid vacation.
“Teacher” shall take the vacation during the annual closure of “Institute” first. And the remaining balance of vacation days shall be taken at the request of “Teacher”.
Prior to taking the vacation, “Teacher” shall set the vacation plan and obtain the approval on it from “Institute” in advance. 
4. Any leave without prior approval shall be subject to “Leave without Pay” in accordance with Article 7.

제 5조 휴일 및 휴가
본 계약기간 동안 강사는         유급휴가를 갖는다.
강사는 우선 학원의 년간 휴강기간에 휴가를 사용한다. 그리고 나머지 휴가 일수는 강사의 요청에 따라 취한다.
강사는 휴가를 취하기 전에 사전에 휴가계획을 세우고 학원의 승인을 받는다.
사전에 승인을 받지 않은 휴가는 제7조에 따라 무급결근으로 처리를 한다.

Article 6. Sick Leave
The “Teacher” is allowed     paid sick day during the term of this “Agreement”. In the event of a serious illness or accident, the “Teacher” is allowed additional 2 day unpaid leaves. If the “Teacher” is still incapable of fulfilling the duties after that period, this “Agreement” will be regarded as terminated.
 
제 6조 병가
   본 계약기간 동안 강사는    일의 유급병가를 받는다. 위급한 질병이나 사고의 경우, 강사는 추가로 2일 간 무급병가를 받는다. 만일 이 기간 후에도 강사가 업무를 수행 할 수 없는 경우, 본 계약은 종료한 것으로 간주한다. 

Article 7. Leave without Pay
1. In case “Teacher” is absent from work or classes including but not limited to tardiness, early leave, days-off, etc., such absences shall be treated as “Leave without Pay”, and shall be reflected in the monthly salary calculation through deductions.
2. Such absences/cases of tardiness shall be accounted for in terms of full hours for the purpose of salary calculation, with any absence/tardiness over 10 minutes rounded up to an hour and any absence/tardiness less than 10 minutes rounded down.
3. The base rate for the purpose of determining Leave without Pay deductions shall be          Korean won per hour.

제 7조 무급 결석
강사가 지각, 조퇴, 결근, 등으로 인하여 근무 혹은 수업을 결석하는 경우, 그러한 결석은 무급으로 처리하여, 월 급여에서 차감한다.
그러한 결근/지각, 등은 급여계산 목적상 한 시간 단위로 처리하여, 10분 이상의 결근/지각은 1 시간으로 절상하며, 10분 미만은 절사한다.
무급 처리를 위한 임금은 시간 당          원이다.

Article 8. Airline Ticket
When “Teacher” completes the 12 month contractual term of “Agreement” and returns to his/ her home country, “Institute” shall provide an economy class airline ticket for “Teacher” to return to his/her home country.

제 8조 항공권
“강사”가 12개월의  “계약” 기간을 완료하고 그의 고국으로 귀국 할 때, “학원”은 “강사”가 고국으로 돌아 갈 수 있는 에코노미 좌석 항공권을 강사에게 제공한다.

Article 9. Housing
During the contractual period set forth in Article 1, “Institute” shall provide a single furnished apartment/house to “Teacher” at free-of-charge.
“Teacher” shall pay for all the utilities charges including electric power, gas, heat, water, monthly maintenance charge, internet usage charge, and etc. on time every month without being delayed. When “Agreement is closed or completed, “Teacher” is required to pay off all such utilities charges. Any outstanding charges shall be deducted from the last month salary or the severance payroll.   
“Teacher” shall be responsible for maintaining the housing unit, furniture and fixtures, and equipment in good working order and condition. Any removal or damage (excluding normal wear and tear) shall be the responsibility of “Teacher”.

제 9조 주택
1. 1조의 계약기간 동안 “학원”은 “강사”에게 무료로 집기 및 비품을 포함한 아파트/주택을 제공한다.
2. 강사는 전기료, 가스, 난방, 월 관리비, 인터넷사용료, 등의 모든 사용료를 지연 없이 매월 정기적으로
납부한다. 본 계약이 해지되거나 만료되는 경우, 강사는 모든 사용료를 체납없이 지불 완료하여야 한다. 지연이나 체납이 있는 경우 마지막 월 급여 혹은 퇴직금에서 이를 정산한다.
3. 강사는 주택, 집기, 비품을 양호한 상태로 잘 관리하여야 한다. 집기 및 비품의 분실 혹은 파손 (통상적인 마모는 제외)은 강사의 책임이다.

Article 10. Bank Account
“Teacher” shall open a bank account at a bank near the “Institute” or the housing provided. The maintenance of the bank account shall be the responsibility of “Teacher”.

제 10조 은행계좌
강사는 학원이나 주거지 근처의 은행에 은행계좌를 개설한다. 은행계좌의 유지관리는 강사의 책임이다.

Article 11. Taxes, Etc.
Korean income taxes shall be withheld from the salary in accordance with the Korea income tax   
law and paid to the Tax authorities by “Institute”.
“Institute” shall enroll “Teacher” in the National Health Insurance Program in Korea and the 
monthly insurance premium shall be withheld from the monthly salary and paid to the National Health Insurance authorities by “Institute”.
“Institute” shall enroll “Teacher” in the National Pension program in Korea, and the monthly   
pension contribution shall be withheld from the monthly salary and paid to the authorities by
“Institute”.

제 11조 세금, 등
1. 학원은 한국의 세법에 따라 급여에서 세금을 원천징수하여 세무당국에 납부한다.
2. 학원은 국민건강보험법에 따라 강사를 국민건강보험에 가입시키며 매월 급여에서 보험료를 원천징수하여 보험공단에 납부한다.
3. 학원은 국민연금법에 따라 강사를 국민연금보험에 가입시키며 매월 급여에서 연금보험료를 원천징수하여 국민연금공단에 납부한다.

 Article 12. Confidentiality
1. “Teacher” acknowledges that all the contents and materials of teaching classes, courses, and
lectures of “Institute” are proprietary assets of “Institute”. 
2. “Teacher” shall keep confidential all the information and contents relating to “Institute” such as
teaching classes, courses, and lecturers, and shall neither disclose nor transfer those to any third parties without prior consent of “Institute” in writings.

제 12조 기밀유지
1. 강사는 학원의 학급, 과정, 강의의 모든 내용 및 자료가 학원의 고유자산이라는 것을 인식한다.
2. 강사는 강의학급, 과정, 강의와 같은 학원과 관련된 모든 정보 및 내용의 비밀을 유지하며, 학원의 서면 동의 없이 제 3자에게 누설하거나 이전하지 않는다.

Article 13. Code of Conduct for “Teacher”
1. Conduct teaching classes faithfully in a professional manner, and refrain from behaving in any
manner that may damage or tarnish the reputation of the “Teacher” or the “Institute”. 
2. Comply with policies and guidelines of “Institute” and instructions of Director or Supervisor
3. Be friendly with students and parents of students, and cooperative with members of “Institute”
4. Conduct classes on time punctually and never cancel the classes arbitrarily,
5. Report to work free from the effects or influence of alcohol, tobacco, or drugs.
6. Wear neat and clean attire (formal or business casual) during working hours. Business casual is
acceptable provided that is neat and clean. 
7. Refrain from conducting teaching classes for any establishment or organization other than   “Institute”

제 13조 강사의 복무규정
전문적인 태도로 신의를 갖고 강의 학급을 담당하며, 강사 및 학원의 명성에 손상을 입히거나
흠이 가는 어떠한 행동도 하지 않는다.
학원의 정책 과 지침 및 원장 혹은 감독자의 지시를 준수한다.
학생 및 학생의 부모와 친절하며, 학원의 임직원과 협조적이어야 한다.
학급 시간을 정확히 준수하며 자의적으로 학급을 결강하지 않는다.
음주, 흡연, 약물의 영향이 있는 상태에서 근무하지 않는다
단정하고 깨끗한 복장으로 근무를 한다. Business casual은 허용되나, 깔끔하고 깨끗하여야 한다. 
“학원” 이외에 다른 시설 혹은 기관에서 강의를 하지 않는다.

Article 14. Termination of the “Agreement”
“Institute” has the right to terminate this “Agreement” in the event of any of the following:
Violation by “Teacher” of the laws of the Republic of Korea.
Provision of false information, documents, or materials by “Teacher” in relation to Teacher’s employment application for this position or the visa.
Failure of “Teacher” to perform satisfactorily the roles and responsibilities set forth in “Agreement”
Failure of “Teacher” to adhere to the Code of Conduct set forth in Article 13 above continuously.
The procedure for termination by “Institute” is as follows: 1st warning – 2nd warning – 3rd notice of termination.
However, violation of laws, or other misconduct by “Teacher” which has jeopardized any students or staff members of the “Institute”, or which damages the reputation of the “Institute”, will be the cause for immediate dismissal without warning in advance.

제 14조 계약의 해지
“학원”은 다음의 어느 하나의 경우 “계약”을 해지 할 수 있다;
1. “강사”가 대한민국의 법을 위반하는 경우
2. 강사가 이“계약”이나 비자 취득을 위하여 제공한 정보, 문서, 자료에 거짖이 있는 경우
3. “계약”에 정한 업무와 책임을 만족스럽게 수행하지 못하는 경우
4. 제 13 조에 정한 강사의 복무규정을 계속적으로 위반하는 경우
5. 해지절차는 다음과 같다: 1차 경고 – 2차 경고 – 3차 해지 통지
6. 단, 법규의 위반 혹은 학생이나 임직원에 해를 끼치거나, 혹은 학원의 명성에 손상을 주는
행위는 사전경고없이 즉각적인 해지의 사유가 된다.

Article 15. Resignation of “Teacher”
If “Teacher” should desire to resign from the employment during the term of employment set forth in Article 1 hereof, “Teacher” must give “Institute” at least a thirty (30) day prior written notice of resignation stating the date of and a reason for resignation.

제 15조 “강사”의 사직
강사가 제 1조에 정한 고용기간 중에 사직을 하고자 하는 경우, 강사는 최소한 30일 전에 사직 일자와 사유를 기재한 사직서를 “학원”에 제출한다. 

Article 16. Governing Law and Language
The terms of “Contract” and the rights and obligations of the parties hereto shall be construed, interpreted and determined in accordance with the laws of the Republic of Korea.
The Governing language of “Agreement” shall be English. Korean translation is made for the purpose of convenience.

제 16조 준거법 및 언어
1. “계약” 및 계약 당사자의 권리와 의무에 관한 사항은 대한민국 법에 의하여 해석되고 결정된다.
2. 본 “계약”의 언어는 영문이다. 한글번역본은 편의를 위한 것이다.

Article 17. Signature
In witness whereof, the parties sign the “Agreement” in duplicate on the date entered below, and each party shall retain one original copy.

제 17조 서명
   “학원”과 “강사”는 본 “계약” 아래에 기재된 날짜에 본 계약서 2부를 서명하며 각 1부씩 보관한다


                               

Offline wrightst

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Re: Two offers... which is a better deal (if any)?
« Reply #1 on: April 22, 2017, 01:24:59 AM »
2nd offer:


This contract subjects the employer and employee to the following conditions and terms:

1. Validity of Contract
1.1 The employer agrees to hire the employee to fulfill the position of  English Language Instructor
This contract is entered into for the position of an English Language instructor and all duties thereof  for a  Duration of one year from the day the employee starts his/her duties included in the contract or by agreement between the two parties.

2. Period of Employment
2.1 The employer will employ the employee during the period:

From: (Date) 2017.06.05                    To: (Date) 2018.06.04

The employee agrees to discontinue residence in Korea under the visa status sponsored by employer within five days of completion of this employment.

3. Salary
3.1 A monthly salary of ₩2,300,000 Won will be guaranteed for the basic teaching load of weekly 40 teaching times (class sessions) of 40 minutes per class.

3.2 Additional time taught by the employee in excess of the required 40 teaching times or sessions a week will be paid for at a rate of 15,000Won per 40 minutes.

3.3 Attendance at scheduled staff meetings and workshops (which is mandatory and unpaid) cannot be considered as Overtime. Salaries are paid once a month on the 10th.

3.4 In the event that the employer cannot provide the employee with basic teaching hours, the employer will still pay the employee the above-mentioned basic salary per month.  In such a case, however, the employee may be required to conduct English interviews with students who wish to enroll or perform other administrative duties in place of teaching hours.

3.5 The Employee will be asked to stay at school for 8 hours per day (8 working hours Monday through Friday). This will normally be from 1:10 PM to 09:10 PM, or from 09:30 AM to 6:30 PM during summer and winter sessions. This includes class hours, as well as time for the following activities (which are not considered overtime): preparation for classes, interviewing students, and attending teachers’ meetings.

3.6 If the Employee fails to work the regularly scheduled monthly hours due to any reasons like starting or ending working in the middle of month, tardiness, absence, , etc.; the monthly payment will be calculated and paid using a daily rate and/or an hourly rate.

The method of calculating daily rate: Monthly salary divided by 30.
The method of calculating hourly rate: Daily rate divided by 7.

3.7 The Employee  is regard to do a one week training at arrival. The payment for the one week training will be 50%  of what the employee makes per day for one week.


4. Taxes
4.1 Taxes and deductions in compliance with Korean Law shall be withheld automatically from the Employee’s monthly salary. The deductions will include income tax, residence tax, and medical insurance from monthly and severance payment.

5. Medical Insurance & National Pension Plan
5.1 Employee will be covered by medical benefits under the Korean Medical Insurance Union, Government Health Organization or Medical insurance company. The costs of this coverage will be borne half by the employer and half by the employee. Payment will be made by a monthly deduction from the employee's salary. Pre-existing conditions occurring with the Employee before arrival in Korea are not valid. In general, it takes 3 to 4 weeks from the arrival date for the employee to be covered by the medical insurance.

5.2 National Pension Plan
The Korean National Pension Plan will also cover the employee. The Employee needs to know in advance that the national law requires foreign employees to join the Plan with no exceptions. The cost of the plan is paid half by the school and half by the employee. The employee can take the accumulated fund back in a lump sum after leaving Korea. It is the employee's responsibility to get further information about the Plan or getting a refund.


6. Completion Bonus (Severance pay)
6.1  Upon completion of a full 12 months of employment by the employee,    the employer will pay the sum of         
2,200,000Korean Won for the completion of his/her contract. The sum of the severance bonus will be paid on the last working day of his/her contract by the employer, along with the final month’s salary payment.


7. Class time and days
7.1 The employee shall be required to work (stay at school) Monday through Friday from 1:10 PM to 9:10 PM, with a 40 minute break between those hours. Work times will change during summer and winter sessions to the following: 9:30 AM to 6:30 PM. The employer will attempt to make classroom teaching hours consecutive, but such an arrangement will depend upon the amount of students the institute is able to enroll. While the employer will endeavor to set a regular schedule for the employee, the employer reserves the right to change the employee’s schedule at any time with one day notice. This will only occur when the schedule change is required to ensure equal opportunity among the employees of Avalon institute, and to fulfill customer needs.

8. Transportation
8.1 The school will  provide the teacher with a one-way economy class  ticket to Korea. The school will provide return airfare to the teacher’s home country only if he/she completes the contract. The school provides only international airfare from the airport nearest to the teacher's home, so the teacher is responsible for the cost of the rest of his or her domestic itinerary.

In the event the Employee purchases the air ticket beforehand, the Employer agrees to reimburse the Employee as follows:
a.   The Employee will be reimbursed for a one-way economy fare ticket. The Employee will get the reimbursement of a portion of airfare compared the ticket price which is supposed to be bought by the employer.
b.   The reimbursement will occur on the day he/she signs the contract in Korea.
c.   The Employer will then pay for a return airfare ticket at the completion of the one-year contract.
In the case that the employee has purchased a round trip airfare ticket, the employee must submit the other portion of the ticket for a full reimbursement upon the signing of this agreement.

In the event that the teacher willfully leaves the school before his /her contract is over, the school will not be responsible for the return ticket.  If the teacher willfully leaves the school (or cause any problems to end employment) before six(6)months and school’s semester, the teacher must pay back the incoming airfare to the school and all the other expenses such as recruiter’s arrangement fee or  it will be deducted from the amount from the teacher’s last monthly pay.

8.2 A round-trip airfare (standard economy ticket) from the Employee’s designated city to Korea before departure will be provided only for the Employee who will be fulfilling a 12-month period and who has been hired outside of Korea. This is not applicable if hired within Korea.


9. Paid annual leave and Holidays
9.1 On the 1st year of the contract the instructor shall have 10 days paid vacation. Vacation dates will be given by the employer-dates and will be confirmed on the annual school calendar. (Usually employee is allowed to use it accordingly during the students’ school examination preparation period: the end of April, June, September, and/or November.). No more than five consecutive working days may be taken at once. Three days of Institute-scheduled vacation are counted in these 10 days. None of these 10 days may be taken during the first three months of employment. The remaining seven days must be scheduled with the Institute at least one month in advance. During the aforementioned holidays, sick days, or vacation days, the employee's basic salary amount is still paid without any deductions.
9.2 The employee may use up to 3 paid sick days per year with the doctor’s note from hospital, and after the 3 sick days have been used, it will be counted as absent and the pay will be calculated according to the Daily Rate/Hourly Rate.  

10. Visa Sponsorship
10.1 The employer is responsible for sponsoring and acquiring the one-year E-2 teaching visa and alien card necessary to be legally employed as an English teacher  in Korea and that he/she is able to acquire a Korean bank account. The Institute is responsible for all fees in acquiring the necessary teaching visa confirmation papers through the immigration office. Visa application fees and its related expenses in the Instructor’s homeland will be paid at his/her expense.

11. Housing

11.1 Rent-free Accommodations: The employer will provide the employee with rent-free single housing that includes a kitchen, and a bathroom. The employer will make every effort to accommodate the employee with an apartment within walking distance of the Institute.

11.2 Items included with Accommodations: All the following items are provided, free of charge, to the employee by the employer during this contract period:  cooking utensils (frying pan, pots, spoons, bowls, plates, forks, etc.), television set, dining table set, bed, bed linen, washing machine, closet, refrigerator and any other necessities for the accommodation that are agreed on by the employee and the employer.

11.3 Utility costs: Utility costs such as water, gas, electricity, cable TV monthly service charges, and maintenance fees of the rent-free accommodations will be paid by the employee. In the case of a shared apartment, both employees will share costs (see 11.4). All bills incurred by each employee individually, will be paid each month on the receipt of the utility bills and photocopies of said bills.

11.4 Shared Housing: In the event that two or more employees share the housing accommodation provided by the employer, total apartment utilities shall be split among the apartment residents equally. Each employee will have his or her own private bedroom.

11.5 Security Deposit: For the first four months, the Employer will collect 100,000 won per month deposit for utilities and phone charges even if the employee pays these charges each month. This deposit will be refunded 1 day after the completion of this contract. A part of deposit, 200,000won, will be returned  in cash after checking all provided things.

11.6 The employee should have the duty preserving the housing and the furniture items provided by the employer until the termination of this contract. If they are destroyed, the employee should restore them to the original state or pay the cost needed in purchasing the same level of the substitutes of them.


12. Training Period
12.1 Upon arrival in Korea, the employee will be allowed a minimum of 48 hours lead-time for adjustment to the new accommodation, time zone and Country. After arriving in Daejeon,  the employee should visit the school for a minimum of 1 hour to get acquainted with the staff members and the location of the institute prior to the beginning of his/her regular teaching duties. The employee will be on payroll from the date of his/her first working day. During the orientation period the employee is required to be at the school making lesson plans and learning about the school system.  The Employee will participate in a training period prior to teaching any classes, in which teaching methods will be demonstrated via training and observation. The Institute's books, materials, facilities, and equipment will be reviewed. Ongoing workshops and staff meetings will be held throughout the term; the employee’s attendance is mandatory and is not to be included as over-time hours.


13. Open Door Policy
13.1 The employee is encouraged in all areas of his or her working relationship with the Institute to offer to the management his or her suggestions and recommendations for the improvement of the Institute and its incentive system. The employer will observe an “open door” policy for suggestions and any complaints or concerns.  The employee is expected to follow the chain of command in making such suggestions and problems known.  If at any level the employee is dissatisfied, he or she may then proceed to the next level to voice his or her concern, up to the President of The Institute


14. Non-disclosures and Non-competition Agreement
14.1 While still in the employment of the employer’s institute or after resigning, the employee must not make any information public that he or she obtains from the employer’s institute or develops for the Institute.  The teaching techniques, books, and materials of the employer’s institute are proprietary and are to be protected as intellectual and copyrighted material. In no way are the employees to engage in a private tutoring or to be employed by another institute during his/her contract period.


15. Compensation for accident   
15.1 As in any other Korean institutes, in the event that the employee gets injured from an accident or a mishap that occurs outside the course of normal work duties, which are duly prescribed by employer's institute policy or regulations, the employer shall not be legally obliged to pay to the employee any hospital and medical costs being in excess of those covered by medical insurance, which the employer highly advises the employee to obtain.  However, it is the moral responsibility of the employer to help and take good care of the employee in the event that such an accident or mishap takes place.
 

16. Duties of the employee

 16.1 The employee shall cooperate and comply with the instruction and training of the director and shall carry out such assignments as directed by the director:


a.   EFL (English as a foreign language) instruction in any and all phases of the institute’s programs and classes that range from preschool to adult.
b.   Curriculum design and implementation - Teaching plans & reports
c.   Development of educational programs and materials
d.   Out-of-classroom activities for/with students
e.   Evaluation of students (to interview new students and evaluate their placement level)
f.   Attendance at teachers' meetings/ workshops.
g.   Shall not sexually harass students in his/her charge.
h.    Any form of physical punishment will not be tolerated from the Employee.
i.   The employee shall give the students homework in every class, which must be well prepared and    organized
   Check the students’ working with a color pen.
 Evaluate the students’ performance (i.e. pop Quizzes, Mid-Term tests, Final exams, Book Reports). At the end of each semester, the Employee should report findings to the director of studies in writing.
  Use appropriate language with students in the classroom, which includes academic vocabulary and a professional register, not slang, or an informal register.

17. Dress code
 17.1 At all times during the term of this contract, males should wear ties and females should wear dresses or professional pant suits unless otherwise instructed. At no time will a female employee wear short length skirts or what may be deemed as too provocative as seen by Korean acceptable professional dress.


18. Resignation
18.1 The employee agrees to inform the employer at least two months(60 days)  in advance of any significant changes in plans which might have some bearing on the employee's period of employment and his/her ability to complete the term of employment. In any case the Employee should complete the semester in progress.

 18.2 The Employee has the right to terminate the contract with a written statement to the Employer under the following conditions:

a. The Employer has not provided the Employee with the necessary working and living conditions as stipulated in the contract.
 
b. The Employer has not paid the Employee as scheduled.

 18.3 In either case, the Employer will pay all salaries due to that date and produce the necessary Release-Letter (from Employment) within 24 hours. The return portion of the airfare to point of origin shall also be reimbursed if still outstanding.

18.4 If the Employee wants to terminate the contract before the contracted date without acceptable cause, the Employee will pay back the Employer all the relevant expenses such as recruiting fee, airfare, E-2 visa run, and other costs spent by the Employer according to the contract as stipulated herein.

19. DISMISSAL
19.1 The employer and employee agree that this agreement is fully legal and binding under the laws of the Republic of Korea and may be terminated by the employer at any time should one of the following conditions arise:

a.   The employee or any of his/her dependents act in violation of Korean law.
b.   The employer discovers that any documents or information provided by the employee regarding his/her credentials or qualifications for employment have been falsified or deliberately fabricated.
c.      The employee’s conduct seriously jeopardizes any student or staff person’s safety.
d.   The employee is deemed to be incapable of delivering the curriculum in a positive and professional manner.
e.       If the employee is constantly late, he/she will receive a few warnings. If tardiness continues, the employee will be terminated.
f.   In such case as enrollment drops below the institute’s average enrollment for the three consecutive.
g.          According to the doctor’s diagnosis, the Employee cannot continue normal work.
h.        The employee is deemed to have alcohol/ drug abuse issues that jeopardize work performance.
i         The employee teaches off the Employer’s property.
j         The employee receives 3 times of written notice from the Employer

19.2 In case of termination of the contract for the above reasons (19.1 a through g) before the completion of one-year of service by the Employee (except for unavoidable reasons such as the Employee’s serious illness or accident), the Employee is to return to the institute the cost of the airfare (one way) and one-month’s salary. Such cases will be determined by the director and may lead to verbal warning and (or) immediate dismissal (19. a, b, c, g) and to verbal warning and immediate dismissal (19. d, e, f, h, i, j).
 
 20. Infringement of copyright
20.1 The employee should agree not to infringe on the employer’s (school’s) legal rights for the ownership of the teaching materials including textbooks, audiovisual materials (tapes & videos), sub-materials that the employee has participated in producing during the contract period.
20.2 The all materials including worksheets and other sub materials employee made for teaching during contract time belong to the Company.
20.3 The employee must not use all materials including his/her and other teacher’s after the end of contract  and during contract time outside company.  If that case happen, The employee should pay all damage to the company.
20.4 Every month , the employee should hand in all materials to the company through the USB.

 21. Governing Laws and Jurisdictions
21.1 This contract shall be interpreted according to the internal (domestic) laws of the Republic of Korea.  The competent court in Daejeon, South Korea, shall have jurisdiction in regard to any dispute or claim arising out of or in connection with this contract. Both parties have read the above conditions and agree to the terms in good faith and will attempt to resolve any dispute in a reasonable manner. All decisions that cannot be resolved by the two parties above will be solved in accordance with Korean Civil Law.


Offline dalkyr

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Re: Two offers... which is a better deal (if any)?
« Reply #2 on: April 23, 2017, 01:35:01 PM »
1st offer:

Employment Agreement
 Institute located in ...... (hereinafter referred to as “Institute”) and                 a citizen of                          (whose passport number is  and permanent address is                    , hereinafter referred to as “Teacher”) make this employment agreement (hereinafter called “Agreement”) and agree to the terms and conditions set forth herein.

Article 1. Term of “Agreement”
The term of “Agreement” shall be 12 month period starting from                     and ending                    .
“Agreement” can be renewed or extended with mutual agreement. Renewal or extended agreement must be signed no later than 2 months prior to the end of “Agreement”.
The “Teacher’ should be healthy mentally andphysically. Within the first month after the “Teacher” reports to work, the “Teacher” is required to undergo a medical check-up as required under the Korean immigration law and to complete the alien registration process and to provide a copy of the alien registration card to the “Institute”..

Article 2. Duties and Responsibilities of “Teacher”
To teach English language according to the curriculum and the teaching method of “Institute”
To perform administrative and extracurricular works such as lesson plan, student placement/level testing, lunch-table classes, etc. as instructed by “Institute” 
To familiarize with curriculum, teaching materials, procedures, and policies of “Institute”
To assist “Institute” with the development of teaching materials or programs when needed
To participate in staff meetings, events and activities of “Institute”
To notify “Institute” promptly when “Teacher” is sick, in peril, or in need of help.

Article 3. Work Hours
Work hours shall be from       to       Monday through Friday excluding national holidays of Republic of Korea, and shall include time for breaks.
“Teacher’” will teach up to 120 hours per month, and daily or weekly schedules of teaching classes shall be set by the “Institute” within the work hours set forth in paragraph 1 above.
“Teacher” agrees that the work hours can be adjusted in such a case where “Institute” needs to change the schedule of classes as it deems necessary. However, the total work hours shall not exceed the number of hours articulated in paragraph 1 above.
At the request of “Institute”, “Teacher” may need to work overtime hours beyond the work hours set forth in paragraph 1

This is pretty normal. Be aware that "At the request of “Institute”, “Teacher” may need to work overtime hours" means mandatory OT.

Working hours is blank, should be filled in.

Also, it'd be nice if they defined their teaching hour. 120/week is normal, but if they're doing the "1 teaching hour = 1 hour" thing it could be a pretty intense schedule.


Article 4. Salary and Severance pay
The monthly salary shall be  2,300,000  Korean Won per month. 
The monthly salary shall be paid on the  10  th of the every following month. If that day falls on a holiday, or Saturday, or Sunday, salary shall be paid on the immediately preceding business day.
When “Teacher” works overtime hours in accordance with Article 3, paragraph 4 above, “Teacher” shall be paid overtime payment at the rate of          Korean won per hour.
Participation of “Teacher” in meetings or events which are set forth in Article 2, paragraph 5 shall not constitute the overtime work even though such activities may take place out of the work hours set forth in Article 3, paragraph 1 above, and “Teacher” shall not claim compensation for participation in such meetings or events.

Did you redact the OT rate, or is it really blank in the contract? That rate is actually a factor that I, at least, use to evaluate. Should be ~25,000/hr. No less than 20,000. If it's blank on your contract, get them to fill it in.

“Teacher” shall be paid a severance pay of       million Korean won when “Teacher” completes the 12 month contractual period. The severance pay shall be neither subject to proration nor paid when the “Agreement” is either closed or terminated before the completion of 12 months contractual period.

Another mysterious blank. This should be 2.3million, since severance is supposed to be your monthly salary.

Article 5. Holidays and Vacation
1. During the term of this “Agreement”, “Teacher” shall be entitled to a total of      working days of
   paid vacation.

More blanks. Don't settle for less than 10 days.

“Teacher” shall take the vacation during the annual closure of “Institute” first. And the remaining balance of vacation days shall be taken at the request of “Teacher”.
Prior to taking the vacation, “Teacher” shall set the vacation plan and obtain the approval on it from “Institute” in advance. 
4. Any leave without prior approval shall be subject to “Leave without Pay” in accordance with Article 7.

Article 6. Sick Leave
The “Teacher” is allowed     paid sick day during the term of this “Agreement”. In the event of a serious illness or accident, the “Teacher” is allowed additional 2 day unpaid leaves. If the “Teacher” is still incapable of fulfilling the duties after that period, this “Agreement” will be regarded as terminated.

Yet more blanks. Average is 3 sick days.

Also: Holy shit, you're fired if you need more than 5 days? That's ridiculous. I mean, I could see it if you were out for a couple weeks, but there are a number of relatively common accidents/illnesses that would require 5 days.


Article 7. Leave without Pay
1. In case “Teacher” is absent from work or classes including but not limited to tardiness, early leave, days-off, etc., such absences shall be treated as “Leave without Pay”, and shall be reflected in the monthly salary calculation through deductions.
2. Such absences/cases of tardiness shall be accounted for in terms of full hours for the purpose of salary calculation, with any absence/tardiness over 10 minutes rounded up to an hour and any absence/tardiness less than 10 minutes rounded down.
3. The base rate for the purpose of determining Leave without Pay deductions shall be          Korean won per hour.

More blanks. This is an important one, too. Technically they can only pro-rate your pay, so (monthly pay)/(working days)/(hours per day).

A lot of hagwons are trying to deduct at OT rate, which is not legal, and is the owner trying to subsidize the cost of a sub on your back.


Article 8. Airline Ticket
When “Teacher” completes the 12 month contractual term of “Agreement” and returns to his/ her home country, “Institute” shall provide an economy class airline ticket for “Teacher” to return to his/her home country.

Return ticket is good.

Article 9. Housing
During the contractual period set forth in Article 1, “Institute” shall provide a single furnished apartment/house to “Teacher” at free-of-charge.
“Teacher” shall pay for all the utilities charges including electric power, gas, heat, water, monthly maintenance charge, internet usage charge, and etc. on time every month without being delayed. When “Agreement is closed or completed, “Teacher” is required to pay off all such utilities charges. Any outstanding charges shall be deducted from the last month salary or the severance payroll.   
“Teacher” shall be responsible for maintaining the housing unit, furniture and fixtures, and equipment in good working order and condition. Any removal or damage (excluding normal wear and tear) shall be the responsibility of “Teacher”.

Get a list of what's in the apartment. "Furnished" could mean any number of things. Make sure its got what you need, and hold out for AC.

Article 10. Bank Account
“Teacher” shall open a bank account at a bank near the “Institute” or the housing provided. The maintenance of the bank account shall be the responsibility of “Teacher”.

Article 11. Taxes, Etc.
Korean income taxes shall be withheld from the salary in accordance with the Korea income tax   
law and paid to the Tax authorities by “Institute”.
“Institute” shall enroll “Teacher” in the National Health Insurance Program in Korea and the 
monthly insurance premium shall be withheld from the monthly salary and paid to the National Health Insurance authorities by “Institute”.
“Institute” shall enroll “Teacher” in the National Pension program in Korea, and the monthly   
pension contribution shall be withheld from the monthly salary and paid to the authorities by
“Institute”.

 Article 12. Confidentiality
1. “Teacher” acknowledges that all the contents and materials of teaching classes, courses, and
lectures of “Institute” are proprietary assets of “Institute”. 
2. “Teacher” shall keep confidential all the information and contents relating to “Institute” such as
teaching classes, courses, and lecturers, and shall neither disclose nor transfer those to any third parties without prior consent of “Institute” in writings.

Article 13. Code of Conduct for “Teacher”
1. Conduct teaching classes faithfully in a professional manner, and refrain from behaving in any
manner that may damage or tarnish the reputation of the “Teacher” or the “Institute”. 
2. Comply with policies and guidelines of “Institute” and instructions of Director or Supervisor
3. Be friendly with students and parents of students, and cooperative with members of “Institute”
4. Conduct classes on time punctually and never cancel the classes arbitrarily,
5. Report to work free from the effects or influence of alcohol, tobacco, or drugs.
6. Wear neat and clean attire (formal or business casual) during working hours. Business casual is
acceptable provided that is neat and clean. 

Business casual all day? That's kinda strict.

7. Refrain from conducting teaching classes for any establishment or organization other than   “Institute”

Article 14. Termination of the “Agreement”
“Institute” has the right to terminate this “Agreement” in the event of any of the following:
Violation by “Teacher” of the laws of the Republic of Korea.
Provision of false information, documents, or materials by “Teacher” in relation to Teacher’s employment application for this position or the visa.
Failure of “Teacher” to perform satisfactorily the roles and responsibilities set forth in “Agreement”

Wut? This is basically a catch all for "We don't like you, therefore you're a bad teacher.

Failure of “Teacher” to adhere to the Code of Conduct set forth in Article 13 above continuously.
The procedure for termination by “Institute” is as follows: 1st warning – 2nd warning – 3rd notice of termination.
However, violation of laws, or other misconduct by “Teacher” which has jeopardized any students or staff members of the “Institute”, or which damages the reputation of the “Institute”, will be the cause for immediate dismissal without warning in advance.

Article 15. Resignation of “Teacher”
If “Teacher” should desire to resign from the employment during the term of employment set forth in Article 1 hereof, “Teacher” must give “Institute” at least a thirty (30) day prior written notice of resignation stating the date of and a reason for resignation.

30 days! This is what the law requires, and is kind awesome. Most schools try to require 60 or 90 days.
                       

This one's not bad. Obvious boilerplate contract is obvious. If you didn't redact the various numbers, get them to fill it in before signing.

Pay rate is good, better than the 2.1 most places try to start at.

Only serious concern is the "You're fired if you're sick for more than 5 days" thing.

Offline dalkyr

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Re: Two offers... which is a better deal (if any)?
« Reply #3 on: April 23, 2017, 01:36:05 PM »
2nd offer:
This contract subjects the employer and employee to the following conditions and terms:

1. Validity of Contract
1.1 The employer agrees to hire the employee to fulfill the position of  English Language Instructor
This contract is entered into for the position of an English Language instructor and all duties thereof  for a  Duration of one year from the day the employee starts his/her duties included in the contract or by agreement between the two parties.

2. Period of Employment
2.1 The employer will employ the employee during the period:

From: (Date) 2017.06.05                    To: (Date) 2018.06.04

The employee agrees to discontinue residence in Korea under the visa status sponsored by employer within five days of completion of this employment.

3. Salary
3.1 A monthly salary of ₩2,300,000 Won will be guaranteed for the basic teaching load of weekly 40 teaching times (class sessions) of 40 minutes per class.

40 x 40min classes per week? That's *STUPID*. That equates to 160 hours/month, using normal hagwon match. That's burnout level course load.

<Rest of contract snipped, because this is enough to bail out>

Pass on this one. Couple of red-flag clauses, a notoriously sketchy hagwon chain, and a ridiculously high class load. Burnout city.

Offline wrightst

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Re: Two offers... which is a better deal (if any)?
« Reply #4 on: May 17, 2017, 06:52:13 AM »
dalkyr, thank you so much!!

 

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