December 14, 2018, 12:28:09 AM


Author Topic: First Time Teacher - Contract Review  (Read 380 times)

Offline ChaunnaMichole

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First Time Teacher - Contract Review
« on: November 22, 2018, 11:37:50 AM »
Hi! I was offered a position at a school in the Suwon area. I was able to speak to two teachers working at the school, one of which I happened to have met while I was in Korea (small world). After listening to them speak about the school, I was put at ease about that particular branch... until I got my contract. Some things just sound crazy to me. Please take a look and tell me what you think.

-------------------------------------

The parties covenant to comply with the labor laws of the Republic of Korea (“Korea”) and
the terms and conditions of this employment agreement (the “Agreement”), and agree as
follows:
Article 1: Training Period
① In order to render teaching services for (School Name Here) (the
“Company”), the Instructor must successfully complete the Company’s training
programs and obtain a training certificate issued by the Company.
② The employment relationship between the Company and the Instructor shall become
effective upon successful completion of the Company’s training programs and the
training period shall not be included in the term of the employment agreement.
③ Matters related to the training period in this Article shall only apply to instructors
who enter into an agreement with the Company for the first time.

Article 2: Term
① Subject to Article 1, paragraph 2, of this Agreement, this Agreement shall be
effective from DECEMBER 24TH
, 2018 to DECEMBER 23RD
, 2019 (the “Term”),
upon which this Agreement shall be terminated.
② This Agreement may be extended upon mutual agreement of the parties.

Article 3: Probationary Period
① An instructor who enters into this Agreement for the first time shall undergo a
probationary period of 3 months commencing on the date of commencement
specified in Article 2, and if the expiration date of the probationary period falls on a
holiday, the following day shall be the expiration date.
② If, during, or upon expiration of, the probationary period, it is acknowledged that it is
inappropriate for the Instructor to continue his/her employment with the Company,
this Agreement may be terminated without any advance notice and with no
compensation whatsoever. In such case, the Company shall pay the Instructor only
for the number of days worked by the Instructor.
③ During the probationary period, the Instructor shall be paid 100% of the total monthly
wage.

Article 4: Duties and Work Location
① Duties shall include teaching and all other duties relevant to teaching.
② The Instructor shall work at the [YEONGTONG] branch.
[BR-CD-EA- 201604]
③ The Instructor’s duties and work location may subsequently be changed pursuant to
the Company’s work requirements. The Instructor shall comply with the Company’s
decision unless there is a special reason not to.

Article 5: Working Hours and Rest Period
① Working hours every week are from Monday to Saturday, 8 hours per day, 40 hours
per week.
② The Instructor’s class schedule shall be agreed upon in advance. However, if there
is a disagreement between the Company and the Instructor regarding the class
schedule, the Instructor shall follow the schedule determined by the Company.
However, full remuneration shall be paid even if Instructor works less than 40 hours
per week
③ The company may order overtime, holiday, and night work as stipulated by the Labor
Standards Act.
④ If the Instructor’s teaching hours exceed four or eight hours on a given day, the
Instructor shall be entitled to a rest period of 30 minutes or an hour, respectively. The
rest periods shall not be considered part of the working hours

Article 6: Compensation
① The Instructor's compensation will be the monthly basic salary KRW ONE
MILLION FIVE HUNDRED EIGHTY THOUSAND (1,580,000) and the
overtime salary KRW SIX HUNDRED TWENTY THOUSAND (620,000). The
monthly salary includes the weekly day off allowance.
② If the Instructor works in excess of eight hours a day or 40 hours a week set forth in
Article 5 (1), 50% of normal wages shall be paid in addition to the regular wage
provided in accordance with the Labor Standards Act.
③ If the instructor teaches more than One Hundred Twenty Hours (120) per month, an
additional payment of KRW Thirteen Thousand Five Hundred (13,500) per hour
shall be made.
④ The above amounts shall be paid only when the Instructor teaches the fully prescribed
teaching hours; for hours not taught due to absence, tardiness, early departure, or
other reasons, payment shall be made pro-rata.
⑤ The Instructor shall keep his/her salary confidential and agrees to be subject to any
disciplinary action if he/she discloses such information to another instructor.

Article 7: Airfare Reimbursement
The Company shall reimburse the Instructor the airplane ticket (economy class) that the
Instructor purchased to travel to Korea within the first paycheck, provided that the primary
purpose behind the purchase of such ticket was to commence a contract with the Company
and a proper receipt for the ticket is furnished. The maximum amount of the airfare for a one
way ticket shall not exceed One Million (1,000,000) Korean won. Applicable Korean taxes
will be deducted accordingly for the reimbursement.

Article 8: Housing
The Company shall provide rent-free housing for the Instructor during the term of this
Agreement. The Instructor will be responsible for utilities and maintenance fees, and any
other fees associated with the housing during the term of his/her contract. In the event that
this agreement is terminated by either party, subject to Article 12 below, the Instructor must
vacate the premises within two (2) days of the last day of teaching. Any costs associated with
[BR-CD-EA- 201604]
Instructor’s failure to vacate the premises, including but not limited to rent payments, legal
expenses, and attorney fees shall be paid by the Instructor.

Article 9: Payment of Compensation
① The salary shall be calculated from the 1st day to the end of each month of the
previous month and be paid on the __th day of the month to instructor’s bank account;
provided, however, that in the case where such date falls on a holiday or any other
days on which banks are normally closed, the salary shall be paid on the proceeding
business day. If the instructor did not start on the 1st of the previous month, then
payment shall be made pro-rata.
② The salary shall be paid after withholding taxes and instructor’s contribution for
social insurances (if any) in accordance with relevant laws of Korea.

Article 10: Severance Payment
If the Instructor leaves the Company after at least 1 year of employment, the Instructor
shall be entitled to statutory minimum severance payment in accordance with the
Employee Retirement Benefits Security Act of Korea.

Article 11: Holidays and Leaves
① The Company shall grant the Instructor one day of paid weekly holiday if the
Instructor has fully performed his/her duties (classes) during the week.
② Labor Day (May 1 of each year) shall be a paid holiday.
③ Annual paid leave shall be granted in accordance with the Labor Standards Act.

Article 12: Termination
① If the instructor retires or is dismissed during the contract period of Article 2, the
company may terminate the contract with the instructor.
② If the Instructor wishes to terminate this Agreement during the Term of the
Agreement, he/she shall submit a letter of resignation at least 65 days prior to the date
of resignation, and in order to ensure continued education to the students, must
continue to perform his/her duties until the Company accepts his/her resignation.

Article 13: Rules and Policies
The Instructor shall comply with the rules and regulations of the Company, including the
code of conduct and the rules of employment.

Article 14: Governing Laws
Matters not provided for in this Agreement shall be governed by the LSA and other laborrelated
laws of Korea.
[BR-CD-EA- 201604]
주식회사 나은 INSTRUCTOR
On its behalf:
« Last Edit: November 23, 2018, 02:51:25 AM by ChaunnaMichole »

Offline fishead

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Re: First Time Teacher - Contract Review
« Reply #1 on: November 23, 2018, 10:42:49 AM »
 It's a terrible contract you should not sign it.
You have to pass a course and recieve a certificate. This is highly subjective and dodgy  what's to stop them from failing you if they don't like the way you look or think that a younger teacher would bring them in more students.

Three months probation is too long. China usually has one month probation. Korean contracts are generally not subject to probation.

The monthly salary is 1991 level. Even with full overtime you will not likely make the minimum first time teacher get. Most first time teachers are getting 2 million or 2.1 million.

Online SuperDoodle23

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Re: First Time Teacher - Contract Review
« Reply #2 on: November 23, 2018, 11:33:22 AM »
There are red flags all over this. Monday to Saturday for that pay rate!? Jesus. If I were you I would be a bit offended that they even sent this to you. Someone is trying to take advantage of you big time. 13,500 won rate for overtime is also even more of a joke than the salary. 


Online oglop

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Re: First Time Teacher - Contract Review
« Reply #3 on: November 23, 2018, 01:00:52 PM »
this might be the worst contract i've ever seen here

Offline ChaunnaMichole

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Re: First Time Teacher - Contract Review
« Reply #4 on: November 27, 2018, 09:45:12 AM »
Thank you all. I ended up declining the offer. I asked them to amend SEVERAL things and was told they wouldn't amend anything but would send an "email clarifying any concerns I had."

Online theman3285

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Re: First Time Teacher - Contract Review
« Reply #5 on: November 27, 2018, 10:56:15 AM »
Thank you all. I ended up declining the offer. I asked them to amend SEVERAL things and was told they wouldn't amend anything but would send an "email clarifying any concerns I had."
Wise.

1.5 million for a 6 day work week? That's straight up insanity.