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  • kuekies
  • Newgookin

    • 1

    • February 28, 2018, 12:08:20 pm
First time teacher, first time contract.
« on: March 03, 2018, 09:41:57 am »
Hi everyone! This is my first contract - I've read through it about a dozen times already but I'd really appreciate some extra help and insight. I've just removed the first section which identifies the school. Thanks so much!

2. CONTRACT DURATION:
(A) It is hereby agreed between the school and the instructor that the instructor shall teach at the school for one year, starting from April 18, 2018 (the starting date of the contract is the teacher’s arrival date in Masan, Korea)
(B) If the instructor wishes to renew his/her contract at the end of one year, he/she must inform the School two months prior to the end of one year's service, and the contract may, if both parties agree, be renewed at that time for another year by mutual agreement.

3. RESPONSIBILITIES OF TEACHER:
(A). The teacher is expected to devote no less than 1 hour a day at the institute for the lesson planning with co-teachers, student evaluations, syllabuses, telephone English, report cards, field trips, consultation with parents, supervision of play, maintenance of the English environment during breaks, workshops, staff meetings, and upgrading ones professional knowledge and skills without additional pay. The work week will follow the yearly academic calendar issued by the school
(B) The instructor's working hours (2:00PM-10:00 PM) shall be determined by the School's schedule. However, the teaching schedule can be changed according to School’s schedule.
(C) The instructor should arrive at the school at least 30minutes earlier before his/her starting working hours to prepare for his/her classes.
(D) The instructor is responsible for familiarizing him or herself with all institute materials relevant to teaching at the School. The instructor shall faithfully teach and train students at the School.   

4. TEACHER'S SALARY:
(A) The teacher's total monthly salary shall be 2.2 mil Won.  The teacher's annual salary will total 26.4 mil Won.  A severance pay bonus equivalent to one month salary will also be paid at the end of the contract.  This compensation is in exchange for teaching an average of 8 hours a day, five days per week.
(B) On completion of one’s responsibilities of the full contract period, the severance pay is 2.2 mil Won equivalent to the monthly salary. It will be paid only at the completion of the contract.
(C) If the instructor teaches, by mutual agreement of the instructor and employer, additional teaching hours over and above 40 hours per week. Overtime compensation at 20,000 Won/hour shall be paid for those hours.
(D) The instructor's salary will be paid monthly on the regular day for payment of instructor's salaries.

5. AIRFARE TO KOREA:
The instructor's one-way economy class airfare to Korea will be paid by the school, or if the instructor has a free airline ticket, then the school gives the instructor the lowest market price to the instructor

6. HOUSING:
(A) The institute will provide a private single person accommodation or shared apartment with private room free-of-charge to the teacher.
(B) The teacher's apartment furnishings shall include: basic cooking utensils such as pots, pans and dishes, a stove, a refrigerator, a bed, a washing machine, a closet, table and chairs, TV, and phone.
(C) Costs for all utilities, including lighting, heat, and water, will be paid by the teacher.
If the instructor didn’t pay the bill, then the school will deduct the amount which includes the late charge too from his/her salary. 
(D) The school may give you a used cell phone, but the instructor has to pay all cost that he/she needs to pay to use the phone.     
(E) The school may set up the internet service for the instructor at his/her apartment, and then the school will deduct setup cost and monthly maintain cost from his/her salary whenever it is charged.
D) The instructor needs to keep the apartment clean. The school will charge if there are damages more than normal usage. When the instructor moves out after the completion of the apartment should be organized the same status when the instructor moved in.
 
7. VACATION TIME:
The teacher shall enjoy 10 days of paid vacation (in addition to all Korean
national holidays and Saturdays and Sundays). The paid vacation will be normally 5 days for summer and 5 days for winter. But the schedule can be changed by school’s schedule.  Documented sick leave and emergency leave will be paid for a combined total of 2 working days a year. The teacher should provide the institute with as much advance notice as possible. The teacher must submit doctor’s statement to the school for approving sick leaves. Unused sick leave cannot be converted into any cash payment. If it is found that the hours/days of absence reported as sick leave or emergency leave were not in fact for such purposes, related costs shall be subtracted from the following months pay. The above leaves will be included in the period of medical care compensation according to the Article 78 of Korean Labor Standard Law.

8. INCOME TAX:
Approximately 3.3% of the income tax per month from the instructor’s salary shall be deducted by the employer as withholding tax as provided by Korean law.

9. KOREAN HEALTH INSURANCE:
Instructor will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The cost of this coverage will be borne half by employer and half by instructor. Instructor's share of this coverage will be deducted from instructor's monthly salary."

10. DUTY OF SECRECY:
(A) The instructor shall not disclose any of the contents of this agreement, including salary, to a third party (including other employees of the school)
(B) The instructor shall not disclose any information relating to the contents of lecturers and business operation of the School without prior permission of the School.  Violation of this portion of the contract will cause the Instructor to be responsible to compensate the School for all possible losses suffered by the School.

11. ADDITIONAL DUTIES:
(A) The instructor is required to conduct him/herself in a professional manner and to wear neat attire while at the school. Casual clothing is acceptable, provided that it is neat and clean. However, if the director asks to dress up, the teacher needs to follow.
(B) The following forms of behaviors will not be permitted:
1) Not following scheduled class timetables and dismissing, canceling, or starting classes late without the prior approval of the institute director.
2) Conducting class while under the influence of alcohol, while smoking, or under the influence of illegal drugs.
3) Making sexual advances towards, or entering into relationships with students or employees of the School.
4) Sleeping in class during class hour.
(C) The institute has the right to terminate this contract if the instructor violates the contract or fails to conduct him/herself in a professional manner. At most one month termination notice will be given to the instructor in such case. In this case, the institute has no duty to give the severance pay bonus and return airfare to the instructor.
(D) If the Employee wishes to voluntarily resign from employment before the               completion of this contract the employee must provide written notice to the            Employer at least 2 months before the resignation
(E) For a dismissal or voluntary resignation within 6 months of this Contract period, the amount of all airfares (including Japan trip cost in case the teacher came to Korea by tourist visa) will be deducted from the Employee’s last monthly salary.
(F) For a dismissal or voluntary resignation after 6 months of this Contract period, the proportion of airfares which is total amount air fare is divided by 12 months times working months (including Japan trip cost in case the teacher came to Korea by tourist visa) and the proportion of the agency fee which is the total amount agency fee is divided by 12 months times working months will be deducted from the Employee’s last monthly salary.
(G) The teacher cannot work for any other places except the institute without the consent of the school.

12. Both parties have carefully read this contract; they have agreed to its terms in good faith; and they will attempt to resolve any disputes which may arise in accordance with the terms of the contract, and in a reasonable manner. All disputes which cannot be resolved by the parties to this contract will be resolved through the legal system of Korea in accordance with Korean law.
I duly agree on the contract stated above


  • dalkyr
  • Veteran

    • 164

    • July 06, 2016, 10:15:53 am
    • USA
Re: First time teacher, first time contract.
« Reply #1 on: March 05, 2018, 12:09:42 pm »
Hi everyone! This is my first contract - I've read through it about a dozen times already but I'd really appreciate some extra help and insight. I've just removed the first section which identifies the school. Thanks so much!

2. CONTRACT DURATION:
(A) It is hereby agreed between the school and the instructor that the instructor shall teach at the school for one year, starting from April 18, 2018 (the starting date of the contract is the teacher’s arrival date in Masan, Korea)
(B) If the instructor wishes to renew his/her contract at the end of one year, he/she must inform the School two months prior to the end of one year's service, and the contract may, if both parties agree, be renewed at that time for another year by mutual agreement.

3. RESPONSIBILITIES OF TEACHER:
(A). The teacher is expected to devote no less than 1 hour a day at the institute for the lesson planning with co-teachers, student evaluations, syllabuses, telephone English, report cards, field trips, consultation with parents, supervision of play, maintenance of the English environment during breaks, workshops, staff meetings, and upgrading ones professional knowledge and skills without additional pay. The work week will follow the yearly academic calendar issued by the school

That's a fair amount of extra work. Though it may be boilerplate, since I've seen this exact clause in a number of contracts. But still, that's WAY more than an hour's work. Expect to not have a lot of downtime.

(B) The instructor's working hours (2:00PM-10:00 PM) shall be determined by the School's schedule. However, the teaching schedule can be changed according to School’s schedule.
(C) The instructor should arrive at the school at least 30minutes earlier before his/her starting working hours to prepare for his/her classes.
(D) The instructor is responsible for familiarizing him or herself with all institute materials relevant to teaching at the School. The instructor shall faithfully teach and train students at the School.   

4. TEACHER'S SALARY:
(A) The teacher's total monthly salary shall be 2.2 mil Won.  The teacher's annual salary will total 26.4 mil Won.  A severance pay bonus equivalent to one month salary will also be paid at the end of the contract.  This compensation is in exchange for teaching an average of 8 hours a day, five days per week.
(B) On completion of one’s responsibilities of the full contract period, the severance pay is 2.2 mil Won equivalent to the monthly salary. It will be paid only at the completion of the contract.
(C) If the instructor teaches, by mutual agreement of the instructor and employer, additional teaching hours over and above 40 hours per week. Overtime compensation at 20,000 Won/hour shall be paid for those hours.

20k/hour for OT is a little low. Standard/Average seems to be 25k/hour. Not so low as to be a major issue, but figured I'd point it out.

(D) The instructor's salary will be paid monthly on the regular day for payment of instructor's salaries.

What day? It's almost certainly the 10th, since that seems to be the standard these days. What happens if payday is a Sunday or a holiday? Do you get paid before or after?

5. AIRFARE TO KOREA:
The instructor's one-way economy class airfare to Korea will be paid by the school, or if the instructor has a free airline ticket, then the school gives the instructor the lowest market price to the instructor

Huh. First time I've seen someone willing to reimburse a free ticket. Cash in those miles, make some money!  ;D

6. HOUSING:
(A) The institute will provide a private single person accommodation or shared apartment with private room free-of-charge to the teacher.

No. No shared apartment. Seriously, don't do it.

They'll almost certainly give you a studio/officetel, but still. No shared apartments.


(B) The teacher's apartment furnishings shall include: basic cooking utensils such as pots, pans and dishes, a stove, a refrigerator, a bed, a washing machine, a closet, table and chairs, TV, and phone.

Hold out for an Air Conditioner. Summers in Korea are beastly, especially down south where Masan is.

(C) Costs for all utilities, including lighting, heat, and water, will be paid by the teacher.
If the instructor didn’t pay the bill, then the school will deduct the amount which includes the late charge too from his/her salary. 
(D) The school may give you a used cell phone, but the instructor has to pay all cost that he/she needs to pay to use the phone.     

"may" means they almost certainly won't, but this is still pretty cool. Saves you some time and effort shopping for a phone, and will get you in contact sooner than otherwise, since you can't get your phone until you get your ARC (Resident Card), so you're looking at a month of no contact (Or international roaming rates on your home-country phone) before you can set it up.

(E) The school may set up the internet service for the instructor at his/her apartment, and then the school will deduct setup cost and monthly maintain cost from his/her salary whenever it is charged.

If they do this, check and make sure they're actually paying for internet. A lot of Officetels come with internet included, and an unscrupulous hagwon could "set up" your internet and pocket the money every month.

D) The instructor needs to keep the apartment clean. The school will charge if there are damages more than normal usage. When the instructor moves out after the completion of the apartment should be organized the same status when the instructor moved in.
 
7. VACATION TIME:
The teacher shall enjoy 10 days of paid vacation (in addition to all Korean
national holidays and Saturdays and Sundays). The paid vacation will be normally 5 days for summer and 5 days for winter. But the schedule can be changed by school’s schedule.  Documented sick leave and emergency leave will be paid for a combined total of 2 working days a year. The teacher should provide the institute with as much advance notice as possible. The teacher must submit doctor’s statement to the school for approving sick leaves. Unused sick leave cannot be converted into any cash payment. If it is found that the hours/days of absence reported as sick leave or emergency leave were not in fact for such purposes, related costs shall be subtracted from the following months pay. The above leaves will be included in the period of medical care compensation according to the Article 78 of Korean Labor Standard Law.

School-dictated vacation kinda sucks. It's nice to have the option of picking and choosing your days.
 And it makes travelling/buying plane tickets difficult, since they rarely fix the dates far enough in advance.


8. INCOME TAX:
Approximately 3.3% of the income tax per month from the instructor’s salary shall be deducted by the employer as withholding tax as provided by Korean law.

Pretty sure this is the contractor tax rate. Check your pay stubs! Especially since there's *NOTHING*
 about pension in here.


9. KOREAN HEALTH INSURANCE:
Instructor will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The cost of this coverage will be borne half by employer and half by instructor. Instructor's share of this coverage will be deducted from instructor's monthly salary."

Ugh. KMIU. I'm still not entirely convinced one way or another on this. Some folks say it's just another name for the National Health Insurance Company (NHIC), but others insist it's private insurance.

10. DUTY OF SECRECY:
(A) The instructor shall not disclose any of the contents of this agreement, including salary, to a third party (including other employees of the school)
(B) The instructor shall not disclose any information relating to the contents of lecturers and business operation of the School without prior permission of the School.  Violation of this portion of the contract will cause the Instructor to be responsible to compensate the School for all possible losses suffered by the School.

11. ADDITIONAL DUTIES:
(A) The instructor is required to conduct him/herself in a professional manner and to wear neat attire while at the school. Casual clothing is acceptable, provided that it is neat and clean. However, if the director asks to dress up, the teacher needs to follow.
(B) The following forms of behaviors will not be permitted:
1) Not following scheduled class timetables and dismissing, canceling, or starting classes late without the prior approval of the institute director.
2) Conducting class while under the influence of alcohol, while smoking, or under the influence of illegal drugs.

This is boilerplate, but I always kinda laugh about the "while smoking" part. Have people seriously walked into class with a lit cigarette?

3) Making sexual advances towards, or entering into relationships with students or employees of the School.
4) Sleeping in class during class hour.
(C) The institute has the right to terminate this contract if the instructor violates the contract or fails to conduct him/herself in a professional manner. At most one month termination notice will be given to the instructor in such case. In this case, the institute has no duty to give the severance pay bonus and return airfare to the instructor.

Not "At Most". At *LEAST*. The law says warning-notice-terminate. So you get at least one written warning, time to correct it, and then 30 days notice before termination.

(D) If the Employee wishes to voluntarily resign from employment before the               completion of this contract the employee must provide written notice to the            Employer at least 2 months before the resignation

Law says 30 days for resignation as well. 60 is not terrible. Not great, but not bad. I'd seen 90/120 day resignation clauses.

(E) For a dismissal or voluntary resignation within 6 months of this Contract period, the amount of all airfares (including Japan trip cost in case the teacher came to Korea by tourist visa) will be deducted from the Employee’s last monthly salary.
(F) For a dismissal or voluntary resignation after 6 months of this Contract period, the proportion of airfares which is total amount air fare is divided by 12 months times working months (including Japan trip cost in case the teacher came to Korea by tourist visa) and the proportion of the agency fee which is the total amount agency fee is divided by 12 months times working months will be deducted from the Employee’s last monthly salary.

Airfare: Maybe. Not as sanguine on paying back airfare after six months, though having it pro-rated is nice. Paying back the agency fee is just straight-up illegal.

(G) The teacher cannot work for any other places except the institute without the consent of the school.

12. Both parties have carefully read this contract; they have agreed to its terms in good faith; and they will attempt to resolve any disputes which may arise in accordance with the terms of the contract, and in a reasonable manner.

"Reasonable manner"? AHAHAHAHAHAHAHAHAHA HAHAAHHAHAHAHAHAHAH AHAHAAHA.

"in a reasonable manner" is not how disputes with hagwon owners get resolved. "Kicking and screaming" is a better description.


All disputes which cannot be resolved by the parties to this contract will be resolved through the legal system of Korea in accordance with Korean law.
I duly agree on the contract stated above


  • Mr C
  • The Legend

    • 2143

    • October 17, 2012, 03:00:40 pm
    • Seoul
Re: First time teacher, first time contract.
« Reply #2 on: March 05, 2018, 03:18:06 pm »
(B) The following forms of behaviors will not be permitted:
1) Not following scheduled class timetables and dismissing, canceling, or starting classes late without the prior approval of the institute director.
2) Conducting class while under the influence of alcohol, while smoking, or under the influence of illegal drugs.

This is boilerplate, but I always kinda laugh about the "while smoking" part. Have people seriously walked into class with a lit cigarette?

Some of us have been teaching a long time.

And, indeed, this appears to be a "contractor's" contract.  If the OP is an E-2, this is illegal.
Mr. C is not a bad person, in fact is quite a good person here. One of the best people on this forum if you really look at it
-Mr.DeMartino