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  • jhui94
  • Newgookin

    • 1

    • November 17, 2018, 02:50:20 am
Looking for Advice on a Contract from Jubilee Prime
« on: November 17, 2018, 03:21:08 am »
Hello!

I recently received an offer of employment from Jubilee Prime in Songpa-gu, Seoul. I am a certified English and ESL teacher in my country (less than 1 year of experience), have a degree in English, and have a TESL Certificate of almost 200 hours.

I would appreciate if some of you would provide some advice on my contract. I am hoping to negotiate a few of the terms, but I'm unsure of how to go about it as well.

Duties
2.1 During the term of this agreement, the employee is required to prepare, teach, and carry out all required administrative duties connected with classes assigned by the employer. The working hours for the employee are from 9:40 a.m. to 6:40 p.m. Monday through Friday. An official break (40 min.) is given to the employee a day. Teaching hours are not over more than 6 hours a day/ 30 hours a week. The employee is required to work on all teaching days, including teacher’s preparation days, Newcomer’s Orientation Day, and on all the special events for the employee’s assigned class (Christmas Concert, Parent-Teacher Conference, and Jubilee Night, etc.) except
for scheduled public holidays and vacation days.

2.2 Total teaching hours in excess of the minimum requirement is calculated each session as overtime. Special Events (Christmas Concert, Parent-Teacher Conference, Father’s Day, etc.) do not count as overtime.

2.3 Payment made for assigned teaching hours is inclusive of payment for preparation and administrative duties connected with those assigned classes. Employee agrees to attend orientation and training, meetings and workshops scheduled by employer without extra pay.

2.4 Employee is strictly forbidden from doing the following: (A) Receiving or keeping cash, gifts and/or gift certificates from the school parents or students for any purposes. (B) Accepting gifts by any group of school parents or students. (C) Private tutoring of any students who are currently attending the employer’s school, its graduates or any immediate family members and/or relatives of affiliated students.

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.

Compensation and Other Treatment of Employee
3.1 Salary: Employer will pay employee a yearly salary of 27,600,000 won. The yearly salary will be divided into 12 payments of 2,300,000_won. Overtime payment is made at the rate of 17,000 won per 40 minute-class. Teaching salary will commence from the first day of teaching. When an employee is absent from scheduled teaching duties,
salary will be deducted according to the employee’s overtime rate. Deduction in accordance with Korean income tax and National Pension Plan regulations shall be withheld from monthly salary payments. Salary payments will be made on or before the eighth day of the month following the teaching session during which the services were
provided.

3.2 Severance Payment: Upon successful completion of this Agreement, the Employer will pay the Employee a severance payment in accordance with Korean labor law. The severance payment shall be no less than one month of the Employee’s base salary, from which deductions shall be withheld in accordance with Korean taxation regulation.

3.3 National Pension Tax: Under current Korean tax regulations/tax treaty with the respective countries full time contracted employees holding passports from the United States, Canada and other qualified nations shall receive the accumulated pension tax payment made each month over the course of employment with employer plus the
equivalent co-payment made by employer directly from the Korean National Pension Tax Office ( http://www.nps.or.kr/ ). Employee(s) who do not qualify for the refund should inquire with their countries tax office regarding the tax treaty bylaws with Korea and means of receiving reimbursement or credit for paying into the Korean pension tax fund.

3.4 Orientation and Training: Employee is required to attend orientation and training before commencing teaching. The period of training and orientation is about one week. Half of the regular teaching salary will be paid for the period of orientation and training.

3.5 Transportation: Employer will provide for the employee a one-way economy class ticket if the employee completes one year contract. In the event that the employee continues a subsequent employment agreement, the air ticket will be considered up request. For employees who are in Korea at the time of employment, a plane ticket to
Korea will not be provided. 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. In the event that the employee continues 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). If employee does not use the return air ticket within three months after the contract termination date without having signed a subsequent employment agreement, employer shall not be responsible for providing employee with the return air ticket. 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 not used by employees.

3.6 Airfare: In the case that the employee does not fulfill the full contract period, a portion of the airfare will be taken from the final paycheck according to the following table.

CASE DEDUCTION AMOUNT

Employee is Dismissed/Resigns
within 1 month of commencement

5/6 of the airfare cost provided to come to Korea
will be deducted from the employee’s final
paycheck.

Employee is Dismissed/Resigns
within 2 months of commencement

4/6 of the airfare cost provided to come to Korea
will be deducted from the employee’s final
paycheck.

Employee is Dismissed/Resigns
within 3 months of commencement

3/6 of the airfare cost provided to come to Korea
will be deducted from the employee’s final
paycheck.

Employee is Dismissed/Resigns
within 4 months of commencement

2/6 of the airfare cost provided to come to Korea
will be deducted from the employee’s final
paycheck.

Employee is Dismissed/Resigns
after 4 months of commencement
and before the full completion of this
agreement

1/6 of the airfare cost provided to come to Korea
will be deducted from the employee’s final
paycheck.

3.7 Airfare Tax: The cost of the arrival ticket shall be listed as part of the first month’s income and taxed accordingly as per Korean tax laws. The employer is paying for the cost of the air tickets while the employee is paying the taxes on the cost of the air tickets.

3.8 Visa: After signing the contract, employee is required to submit documents necessary for obtaining a working visa to Korea by the date when employee submit documents. If employee fails to submit the necessary documents for obtaining a visa in due time and he/she fails to obtain a Korean working visa prior to arrival in Korea, then employee will not be reimbursed for the trip he/she has to make to Japan in order to obtain the visa. However,
if employer pre-approves the trip to Japan for visa obtainment due to insufficient time between the contract signing and the visa application, then the transportation fare, including a round-trip airfare to Japan from Korea and other transportation fares incurred while in Japan will be reimbursed by employer. Employee must bring all corresponding receipts for the reimbursement of the visa application, accommodation fee, and any other expenses
occurred while on the visa trip to Japan.

3.9 Holidays and Vacation:
(A) Employee will be entitled to observe public holidays and receive vacation days during the contract term according to a yearly schedule provided by employer before the commencement of the year to which the schedule refers. There are at least ten (10) vacation days in each school year (March-February). Employee is strictly
forbidden to make any kind of vacation plans prior to the actual vacation dates designated by the school calendar. If employee does not follow the school holiday and vacation schedule designated by the school calendar and takes day(s) off prior to and/or after the holidays and vacations days without school approval, the employer will
not provide the employee’s return passage from Korea at the end of his/her 1 year contract.

3.10 Medical Insurance: Employee 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 employee. Employee’s share of this coverage will be deducted monthly from employee's salary.

3.11 Accidental 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.

3.12 Absence from Duties: In the event that the employee is going to be absent from teaching duties, the employee is required to file a Leave of Absence form to the academic supervisor 3 weeks prior to the employee’s intended date of absence. Salary is not maintained when employee is absent from teaching duties. If Employee has not
been absent or not taken any leaves in the completion of the contract, employee will get an absent bonus of 200,000 won. The bonus will be added to the severance.

3.13 Emergency Leave: Employee will be eligible to receive up to five (5) days of paid emergency leave in the event of death or serious illness in employee's immediate family. Such emergency leave will be granted at the sole discretion of employer. The term immediate family that is listed in this article refers to the employee’s mother and
father. The illness or the death of an immediate family member must be verified by a formal document obtained by the hospital. Such documentation is required as part of company policy. If employee fails to submit a formal document, the unattended days will be treated as unpaid days.

Housing
4.1 Housing: Employer will select and provide a semi-furnished single housing for employee. Furnishings provided by employer for common use by employee include: A kitchen table and chairs, a two-burner gas hotplate, a refrigerator, an air-conditioner, a washing machine, a bed, a wardrobe, a pillow, a pillowcase and bed sheets. Employee(s) is responsible for all maintenance (including any special maintenance fee charged for one-room apartments) and utility charges, as incurred by employee, for accommodation provided by employer. In the case that, and for as long as, employee is a sole occupant of accommodation provided by employer designated as a double occupancy accommodation, employer will cover half of the monthly maintenance charges. When an employee moves in, the housing will be inspected, and any prior damage will be noted. Before the employee moves out, there will be an inspection of the housing facility. All damages that were not noted at the beginning of the occupancy period will be the employee’s responsibility and will be taken from the severance or the last payment.

Dismissal or Voluntary Resignation
5.1 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. Upon receiving two warning letters from the academic supervisor for dereliction of duties or misconduct the
employer will have the right to terminate employment. The academic supervisor will review and evaluate the situation prior to issuing the warning letter.

5.2 In the event that the employee is dismissed, the employer will pay salary and pension due to the last day that the employee has fulfilled their duties and responsibilities. Employer will not pay the cost of return transportation to the point of departure for employee. Further, employer will be entitled to withhold an amount less than or equivalent to, but not exceeding, the cost of airfare provided for travel to Korea. In the event that the employee was recruited in South Korea and it was necessary for the employee to leave South Korea and return to obtain a visa, employer will be entitled to withhold from the final salary payment the cost of the round trip together with any other expenses incurred by the employer in connection therewith.

5.3 In the event that the employee voluntarily resigns prior to the expiration of the term of this agreement, the employee should express this intention to the employer with a written notice 60 days before the employee's final working day. The employee will only be paid salary and pension due to the last day that the employee has fulfilled their duties and responsibilities. Employer will not pay the cost of the return transportation to point of departure for the employee. Further, employer will be entitled to withhold an amount less than or equivalent to, but not exceeding, the cost of airfare provided for travel to Korea. In the event that the employee was recruited in South Korea and it was necessary for the employee to leave South Korea to obtain a visa, employer will be entitled to withhold from the final salary payment the cost of the round trip together with any other expenses incurred by the employer in connection therewith. Should the employee fail to fulfill the obligation for the 60 days notice, the employee will be liable to employer for all responsible costs incurred by employer to secure dismissed employee's replacement.

Some things I have already noticed:
- There are some areas about the flight reimbursement that contradict each other (mentioning of both one-way tickets and return tickets)
- Also about the flight, I noticed that my flight would count as income and be taxed as such. Is this normal?
- No mention of sick days

Thank you for looking over my contract!