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  • sf
  • Newgookin

    • 2

    • March 28, 2019, 10:59:22 am
Help Reviewing a Contract
« on: March 29, 2019, 05:11:34 am »
Hello,

Just wanted someone to help me in reviewing this contract to make sure everything looks ok. Leaning towards accepting this offer...

The questions I have are the following:
1. With regards to the employment date, does it need to be a full year? I understand new hires generally start in March so that's probably why my contract would end early at the end of February? I'm fine with that just in case I want to switch schools.
2. Should I argue to get paid for the mandatory orientation, or is it customary to not get paid for this?
3. Is it normal to withhold a safety deposit for housing for 3 months?

Thanks in advance for your help!!!!  ;D




* Contract Duration :  From    2019.04.29   to  2020.02.28
This EMPLOYMENT AGREEMENT has been made this day , 201between the above mentioned ‘Employer’,             , and the above mentioned ‘Teacher’,
            , under the terms and conditions set forth below.
 
 
Both parties agree on the following terms and conditions:
 
 
*First day at work :April 29th, 2019(This date is subject to change)
 
 
CLAUSE 1 (APPOINTMENT) / 제1항 (임 명)
 
a.  The employer agrees to employ the teacher during the period stipulated herein.
 
b.  The teacher agrees to accept employment and will work to the best of his or her ability for the school.
 
 
 
CLAUSE 2 (PERIOD OF EMPLOYMENT) / 제2항 (고용 기간)
 
a.  The total Agreement term is approximately 12 months, commencing from the first teaching day, and ending on the last teaching day of the teacher's twelfth full teaching session, according to the SCHOOL NAME ’ session calendar.
B.   During the duration of this contract,an employee who seeks employment elsewhere without notifying the employer may be denied a letter of release.
 
C. Internship: The Employee will have 3 months internship period. In this period if the Employee’s working performance is deemed inadequate for the Employer’s school despite receiving various warnings, the employee can be dismissed from employment. If this occurs, the employee will still receive the pay that is due to him or her and upon reaching a mutual agreement, a letter of release will be provided to the employee.
 
CLAUSE 3 (THE EMPLOYER’S RESPONSIBILITIES) / 제3항 (고용주의 책임)
 
a.  The employer is required to provide support to the teacher in conjunction with mutual cooperation under the terms stated in this contract in order to provide quality English instruction.
b.  The employer will honor the terms and conditions of employment, as stated within this contract.
 
CLAUSE 4 (THE TEACHER’S RESPONSIBILITIES AND DUTIES) / 제4항 (교사의 책임과 의무)
 
a. During the terms of this Agreement, the teacher must cooperate and comply with the instructions and disciplines of the school. Assisting the ‘Supervisor’ or ‘Director’ he/she must carry out assignments as directed by the employer. The ‘Supervisor’ or ‘Director’ will be responsible for establishing and communicating the ‘Standards of Performance’ as related to the duties stated in this contract.
b.  The teacher MUST be adequately prepared for the classes in advance, preparing a detailed lesson plan for every class, every day.
c.  Throughout the term of the contract, teachers must maintain a clean and neat appearance. While suits and ties are not mandatory, a professional attire and appearance is desirable. (Banned: clothes with holes, body piercing, revealing tops that shows the waist, long hair (for men), unshaven beard, skin head, sagging, or not wearing underwear)
d.  The teacher’s work will include the following:
Teaching the English to students (Target students’ ages: 3 to Adult)
Develop educational programs and materials, expanding off of what is already provided in the curriculum
Curriculum design and implementation
Indoor/outdoor classroom activities for/with students
Level tests, placement by levels, evaluation, check list, monthly report
Providing students with individualized care
Attending teacher’s meetings, training, and workshops
Other related activities and requirements (please refer to the ‘Teachers Manual’
e. Teachers must perform their duties responsibly, especially for students who show less concentration, low learning ability, low interest in the class, and for the students that the teacher finds difficult
 
CLAUSE 5 (WORKING HOURS) / 제5항 (근무 시간)
 
a.  During the term of this Agreement, the teacher should work in cooperation with the Supervisor or Director from Monday through Friday, and during special events.
b.  Teachers will be required to attend some special events throughout the year (Training on weekend, workshops, graduation ceremony, intro class for new students, English speech contest etc.), which may fall on a Saturday or Sunday. Teachers do not receive additional compensation for these days.
c.  The teacher is expected to teach 120hour per session. The teacher assumes responsibility to completely prepare for all his/her classes. (Each session is approximately one month in duration)
d.  Daily Work Hour: 09:10 ~ 18:10 or 10:00 ~ 19:00
e. There will be deduction of 20,000 won per hour in the case of arriving late to work, and 300,000 won in the case of an absence to work with no notification. This money is deducted from the monthly payment. (Arriving less than 1 hour late will incur the charge of a whole hour, 20,000 won .) If another teacher must suddenly substitute in teaching for you, a further 30,000 won will be deducted per class.
 
 
 
CLAUSE 6 (SALARY AND OVERTIME RATE) / 제6항 (월 급여와 초과 임금)
 
 a.  1 teaching time is equal to 40minutes .
(Eg. Two 40min. lessons are equal to 80 minutes teaching hours.)
 
b.   The employer agrees to pay the teacher salary of  2.1 M Korean Won for 120 hours per session and preparation for classes.
c.  The payment of the teachers’ salary is to be made on 10th of each month, after the required work is completed.
d.  Each 1 teaching time (40minutes) exceeding the 120 hours/sessionwill be considered as overtime. The payment for the overtime will be 20,000 Korean Won per 1 teaching time(40minutes) .
   Attendance at scheduled staff meetings and workshops, along with preparation for classes is mandatory and not considered as overtime.
e. In the case of substituting for an absent teacher, you will be compensated with 30,000 won per class taught.
 
CLAUSE 7 (TAX) / 제7항 (세 금)
 
Income tax and inhabitants’ taxes will be withheld from the salary in accordance with Korean law.
 
CLAUSE 8 (ORIENTATION AND TRAINING) / 제8항 (오리엔테이션 및 교사 교육)
 
a.  Upon the arrival in Korea, the teacher will attend a new teacher’s orientation and training.
b.  During the orientation period the teacher must attend the official’ training at the head office to learn about the school system. Upon completion and passing of the test provided in the end of the training session, the teacher will receive a certificate, and become a certified teacher.
c.  The employment may be canceled during the orientation period in the headquarters if he/she is deemed unfit for the academy.
d.  The orientation will take less than 10 days and is unpaid.
 
CLAUSE 9 (TRANSPORTATION) / 제9항 (교통편)
 
a.  Flight fare is provided to every one-year-contracted teacher. A one-way ticket departing from the teacher’s nearest airport will be provided.
b.  If the teacher leaves the school prior to completing 12 months for any reason as agreed to in this contract, the teacher must reimburse the school the cost of the airfare paid by the school or the school may deduct the equivalent amount from the teacher’s last month’s pay.
c.  If you are already residing in South Korea(e.g. transfer from another school or has signed a one year contract extension), the school will not provide the flight ticket.
 
CLAUSE 10 (MEDICAL INSURANCE) / 제10항 (의료 보험)
 
a. The teacher will be signed up for either medical insurance through a third-party provider or the South Korean Medical Insurance Union provided through the Korean government. Medical insurance is at the discretion of the employer. (For the past 3 years, foreign teachers have been covered under a third-party medical provider called Meritz Health Insurance. This, however, can change.)
b. Half of the insurance premium is to be paid by the employer, while the other half is to be covered by the teacher.
 
CLAUSE 11 (VACATION , HOLIDAYS) / 제11항 (휴가)
 
The teacher will be allowed 10  business days paid holidays during national holidays, while vacation days are allowed only during the days allowed/stated in the  session calendar.
The summer vacation for 5 days coincides with the summer break according to the  session calendar. The winter vacation for 5 days coincides with winter break according to the session calendar. In the event that the total number of resulting vacation days is less than 10 in a fiscal year, the teacher may select when to take the remaining days off. The teacher must do so with approval from the director and cannot put a significant burden on the school as a result of his or her absence.
Only one teacher may take his or her day(s) in a given week, and during that time, remaining teachers are expected to substitute for that teacher. If there are no teachers available to substitute, the vacation days will not be approved. Teachers have an obligation to cooperate during this process to ensure the academy functions properly.
 
CLAUSE 12 (Visa Sponsorship) / 제12항 (비자와신원보증)
 
a. The employer is responsible for sponsoring and acquiring the one-year E-2 teaching visa and alien card.
This is necessary to be legally employed as an English Teacher in Korea and allows the teacher to acquire aKorean bank account.
The employee is responsible for all fees in acquiring the necessary teaching visa issuance number
through the immigration office. Visa application fees and any related expenses in the teacher’s homeland will be paid at the employee’s expense, as well.
 
CLAUSE 13 (ACCOMMODATIONS) / 제13항 (숙박 시설)
 
a.  The school will provide the teacher with furnished accommodation.
b.  Furnishings being provided by the employer include: refrigerator, washing machine, bed, wardrobe,  chairs, desk.
c.  Selection of the apartment and its location is to be made by the employer, and will be made without consulting the teacher.
d.  The deposit and monthly rent is the full responsibility of the employer.
e.  Any and all other living costs are to be the full responsibility of the teacher. (All utilities: gas, electricity,  cable, internet, etc.)
f.  For the first three months, the Employer will withhold a safety deposit of 200,000 Korean Won each month, for a total deposit of 600,000 Korean Won. This deposit is used to pay off utility and telephone charges unpaid at the resident, if any. After the employer clears all utilities and miscellaneous bills and conformation is received, the deposit (minus any remaining dues) is to be returned to the teacher.  However, if the total remaining dues exceed the 600,000, the teacher is entirely responsible, and is to satisfy all debts with the employer and/or utility companies.
   The deposit will be refunded after deducting the expenditure that occurred after the contract ended, and in case of no expenditure, the full amount will be refunded.
g.  Any and all unpaid balances of services utilized while residing at the furnished accommodation is the responsibility of the teacher. These outstanding balances will be deducted from the deposit referred to in section ‘f’ of this clause. The remainder of this deposit will be transferred to the employee back home after termination of the contract.
 
CLAUSE 14 (SEVERANCE PAYMENT) / 제14항 (퇴직 수당)
 
Upon completion of this contract, the teacher will receive a severance payment of one month’s salary, as mandated by the Korean workers protection legislations. This payment will be made at the timeof completion of the contract period and any and all income taxes are to be withheld.
 
 
CLAUSE 15 (PENSION) / 제15항 (국민연금)
 
The State pension is to be provided to American and Canadian teachers.  Half of the pension is to be paid by the employer, while the other half is to be covered by the teacher
 
 
CLAUSE 16 (DISMISSAL OR VOLUNTARY RESIGNATION) / 제16항 (해고 또는 자진 퇴사)
 
a.  The employer reserves the right to dismiss the teacher from employment for the following:
The teacher has received three written warnings for failing to adequately perform the duties stipulated in this agreement.
The teacher fails to perform duties for more than three(3) consecutive days without any clear excuse.
Criminal behavior or misconduct according to Korean Law.
Failure to fulfill one’s duties or damaging the business operation of the school due to reasons of the teacher’s interests in employment elsewhere.
b.  The employer agrees to give the employee the courtesy of 20 working days notice in the event of dismissal. However, in the case of a teacher’s criminal behavior, misconduct, or with any discretion thereof, he/she will be dismissed from employment immediately, without warning or notice. Overall, the employer reserves to right to dismiss an employee at anytime.
c.  In the event the teacher resigns from employment, he/she can do so giving 60 working days notice to the employer.
 
d. If the employee leaves not finishing the contract due to the employee’s faults or personal reasons the employee has to refund the flight ticket(or the cost of Japan tripfor visa process) that was provided for coming and the recruiting commission including the extra expenditure(visa processing fee) for inviting the employee.(About recruiting commission/this will cost about 1,000,000 Korean won(+ visa process fee /visa process refunding cost is different depending on the situation) will be deducted from the salary for the next teacher). The teacher will also be held responsible for finding a new teacher to take his or her place.
(In this case the 2 weeks payment which is held from the first payment and 600,000 deposit will be covered for this new replacement teacher's commission and the flight ticket provided when the teacher arrives to Korea. Any outstanding amount of this cost(1.0M + flight ticket+ unpaid bills) will be deducted from the employee's last salary)
 
CLAUSE 17 (Smoking Policy) / 제17항 (흡연 정책)
Korean law prohibits residents from smoking inside any public facility. This can qualify clause 16.
The employee must not smoke during working hours.
 
 
CLAUSE 18 (GOVERNING LAW & JURISDICTION) / 제18항 (법률과 사법)
 
a.  This Agreement is governed under the laws of the Republic of Korea and any breach of this contract, of any form, may result in prosecution through the legal system in the Republic of Korea.
b.  This Agreement is made final and firm unless any material modification or amendment to this Agreement is executed with the full knowledge and consent of the undersigned and incorporated into this Agreement.
 

Teacher’s Guarantee for a 1 year contract
I promise to follow this signed contract. And I, (           ), agree that if I am not able to finish a 1 year contract due to personal reasons or unprofessional working manners (e.g. consistently receiving significantly negative feedback from parents, managers, or other coworkers) or am unable to keep the terms of the contract, then I will not dispute any actions taken as long as the school completely follows the contract that I have signed.
 
 
 
 
 
 
 
 



  • elsbethm
  • Veteran

    • 134

    • September 29, 2016, 09:26:54 pm
    • gangwondo
Re: Help Reviewing a Contract
« Reply #1 on: March 29, 2019, 02:25:40 pm »
1. I was under the impression that the first contract needs to be a 12-month contract for visa purposes. But I may be interpreting/remembering that wrong.
2. I think this is common is hagwon contracts. It's bullshirt though. I also don't like the "we can choose not to hire you for any reason during that time."
3. Yes. Even EPIK/public schools are doing it now.

A few things jumped out at me.  This is by no means a complete review of the contract bc there are some things I'm unsure of and therefore did not comment on.

Quote
(Banned: clothes with holes, body piercing, revealing tops that shows the waist, long hair (for men), unshaven beard, skin head, sagging, or not wearing underwear)
Sagging as in looking old..?

Quote
b.  Teachers will be required to attend some special events throughout the year (Training on weekend, workshops, graduation ceremony, intro class for new students, English speech contest etc.), which may fall on a Saturday or Sunday. Teachers do not receive additional compensation for these days.
c.  The teacher is expected to teach 120hour per session. The teacher assumes responsibility to completely prepare for all his/her classes. (Each session is approximately one month in duration)
d.  Daily Work Hour: 09:10 ~ 18:10 or 10:00 ~ 19:00

b. The no compensation for extra stuff is bullshirt.
c. What constitutes a "session?" 1 month? 4 weeks? 5 weeks?
d. What are the working days? M-F? M-S?

Quote
e. There will be deduction of 20,000 won per hour in the case of arriving late to work, and 300,000 won in the case of an absence to work with no notification. This money is deducted from the monthly payment. (Arriving less than 1 hour late will incur the charge of a whole hour, 20,000 won .) If another teacher must suddenly substitute in teaching for you, a further 30,000 won will be deducted per class.
 
Pretty sure this isn't legal.

Quote
b.   The employer agrees to pay the teacher salary of  2.1 M Korean Won for 120 hours per session and preparation for classes.
Again, what is a session? If it's 4 weeks, then that's 30 classes per week. You'd have to pay me much more than 2.1 to teach 30 classes a week.

Quote
b.  The employer agrees to give the employee the courtesy of 20 working days notice in the event of dismissal. However, in the case of a teacher’s criminal behavior, misconduct, or with any discretion thereof, he/she will be dismissed from employment immediately, without warning or notice. Overall, the employer reserves to right to dismiss an employee at anytime.
c.  In the event the teacher resigns from employment, he/she can do so giving 60 working days notice to the employer.
 
NOPE! They have to give you 30day written notice OR 30day pay in lieu of notice. It is the law, not a "courtesy".  By law, you only have to give them 30day notice.

Quote
b.  Furnishings being provided by the employer include: refrigerator, washing machine, bed, wardrobe,  chairs, desk.
Get a stove, table, and air conditioner included in there.

Quote
CLAUSE 10 (MEDICAL INSURANCE) / 제10항 (의료 보험)
 
a. The teacher will be signed up for either medical insurance through a third-party provider or the South Korean Medical Insurance Union provided through the Korean government. Medical insurance is at the discretion of the employer. (For the past 3 years, foreign teachers have been covered under a third-party medical provider called Meritz Health Insurance. This, however, can change.)
b. Half of the insurance premium is to be paid by the employer, while the other half is to be covered by the teacher.
Immigration states that you have to have NHIS. Labour law states that you must have NHIS or equivalent. If you go with this job, I would ask them to change this to NHIS specifically.

Quote
d. If the employee leaves not finishing the contract due to the employee’s faults or personal reasons the employee has to refund the flight ticket(or the cost of Japan tripfor visa process) that was provided for coming and the recruiting commission including the extra expenditure(visa processing fee) for inviting the employee.(About recruiting commission/this will cost about 1,000,000 Korean won(+ visa process fee /visa process refunding cost is different depending on the situation) will be deducted from the salary for the next teacher). The teacher will also be held responsible for finding a new teacher to take his or her place.
(In this case the 2 weeks payment which is held from the first payment and 600,000 deposit will be covered for this new replacement teacher's commission and the flight ticket provided when the teacher arrives to Korea. Any outstanding amount of this cost(1.0M + flight ticket+ unpaid bills) will be deducted from the employee's last salary)
Pretty sure this is hella illegal. You definitely DO NOT have to pay recruiter fees etc.


I'm giving this contract all kinds of side-eye.


Re: Help Reviewing a Contract
« Reply #2 on: March 29, 2019, 04:14:48 pm »
Looks like a session equals 1 month and you teach 120 hours per session and a class is 40 minutes. So to me that sounds a lot like 40 classes per week or 8 per day.

Fuzzy language in a contract is not acceptable. I'd turn this down. In fact, I'd turn Korea down and go elsewhere. Contracts are worse now than when I arrived in 2005. It's ridiculous.


  • sf
  • Newgookin

    • 2

    • March 28, 2019, 10:59:22 am
Re: Help Reviewing a Contract
« Reply #3 on: March 31, 2019, 02:33:35 am »
Thank you all for your input, it helped me see things I missed.
I've spoken to both a current teacher and a former teacher whose contract recently ended and they both said that while far from perfect, their experience has been positive.  Also, both the Korean staff and foreign teachers are supportive, and they're in the midst of switching things around to improve the work environment (which includes reducing the teaching hours!) So, I'm still on the fence but will probably just go for it!