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  • travelinpantsgirl
  • Moderator - LVL 2

    • 2042

    • September 09, 2010, 06:00:18 pm
    • Seoul
    more
Pls help, newbie here, contract review
« on: April 11, 2019, 12:14:12 am »
I’m posting this for a friend (I’m not the newbie). She had trouble registering for the site and I still wanted her to get others to give their opinion of the contract.
Here it is:
This Employment Contract (hereinafter "Contract") is entered into between
(hereinafter "Employer") and, (hereinafter "Employee")
a(n) citizen residing at .
For good consideration, the Employer employs the Employee on the following terms and conditions.
Article 1 Term of Employment
Subject to the provisions for termination set forth below, this agreement will begin on June 1st, 2019 ,
and end on May 31st, 2020 .
Article 2 Salary
1. The Employee shall be compensated as shown below.
A. Monthly compensation shall be 2,500,000 Korean won.
B. Severance compensation of approximately 11/12 of one month salary shall be provided to the
employee only at the completion of the Term of Employment.
2. According to the pertinent laws of the Republic of Korea, all applicable taxes, including, but not
limited to, income tax(es), pension and medical contributions, shall be withheld each month from
Employee’s salary. Employer is to pay these amounts to the proper government authorities.
3. Monthly pay period(at least 21 days of working day) starts on the 11th of each month and ends on
the 10th of the following month (example: Jan. 11 to Feb. 10). Employee shall be paid on a pro rata
basis on the (10) tenth day of each month. If this day falls on a national holiday, Saturday or Sunday,
the salary will be paid on the immediately following business day.
4. When Employee has not worked a complete pay period, salary for that pay period shall be paid on a
pro rata basis based on the number of total work days for that pay period divided by the number of
actual worked days in the pay period.
5. Employee shall not claim against Employer any compensation and/or payment other than those
provided for in this Contract.
Article 3 Supervision
Employee shall carry out the duties set forth in Article 4 pursuant to and under specific instruction and
supervision of Employer during the period of employment.
Article 4 Duties and Position
The Employer hires the Employee in the capacity of English Language Instructor (hereinafter “ELI”). The
Employee's duties may be reasonably modified at the Company's discretion from time to time.
1. The ELI shall perform the following duties:
A. Plan and conduct classes in levels assigned by Employer, using textbooks, materials, course
curriculum, and other resources approved by Employer;
B. Assist with and participate in activities related to the instructional programs of Employer,
including, but not limited to, departmental meetings, general faculty meetings, and special
presentations and events;
C. Assist with projects related to the activities concerning international cooperation carried out by
Employer;
D. Assist Employer with out-of-classroom activities related to the regular curriculum of Employer,
including, but not limited to, field trips and school-wide assemblies, as well as other
extracurricular activities;
 Page 2 of 5 Employee Initial: ____________
ELI Contract Agreement
E. Assist with the development of teaching materials, supplementary materials, tests, evaluations,
and other programs related to English language teaching;
F. Assist or conduct teacher training for new ELIs under the direction of Employer;
G. Assist, monitor, and supervise ELIs in their teaching methodology and implementation, and
classroom conduct under the direction of Employer;
H. Perform other duties as designated by Employer.
2. All materials developed by Employee while working for Employer will become the property of
Employer, and Employee shall not seek compensation and/or payment beyond what is stated in this
Contract.
Article 5 Work Hours
1. Employee shall work 09:00~18:00 Mon/Wed/Fri, 09:00~18:40 Tue/Thurs depending on weekly
plan. Approximate class instruction hours of Employee will be 6-8 hours per day and 1.5 hours per
day for class material preparation and homework check (Predetermined by Employer).
Aforementioned days and times may change pending employer’s operational need.
2. National holidays will not include any provisional holidays such as cultural, festival, or election
days, set up temporarily. Employer shall decide whether to close the school or conduct classes.
3. Shortly after arrival in Korea, new employee will be required to undertake orientation and training
for 4-5 days intended to provide employee with the requisite familiarity with institute operation and
policies and to ensure that employee possesses adequate knowledge and skills related to duties of
employment. No salary is given for this orientation period.
4. Employee shall assist and participate in the following events. Time and location for following
events shall be decided by the Employer and may fall on the weekend.
A. Teachers’ Workshops (Spring & Fall).
B. Campus Orientation Sessions.
C. Any activities planned to achieve the duties set forth under Article 4.
Article 6 Benefits
1. Medical Insurance
Employer shall provide Employee with medical insurance through the National Health Insurance
Corporation (NHIC). Employee and Employer shall pay fifty (50) percent each of premiums and
fees. Employer agrees to provide Employee with a medical insurance card issued to the ELI from
the NHIC within 30 days of the Contract commencement date.
2. Pension
Employer shall provide Employee with a National Pension Scheme. Employee and Employer shall
contribute fifty (50) percent each of premiums and fees.
Article 7 Housing
1. Employer shall provide Employee with single housing selected by Employer. Housing selected may
include a studio or apartment. Employer may provide temporary housing until the appropriate
housing for Employee becomes available. Employer shall pay the monthly rent and deposit on the
housing selected.
2. Employee shall pay all costs, expenses, fees, charges, taxes, etc., incurred in using the housing.
3. Employer shall provide the following items:
A. Bed and bedding (blanket, pillow, and clean linen);
B. Washing machine, burner, refrigerator, table, chair, and wardrobe;
C. Cooking and eating utensils.
4. Employee shall take care of above items and shall be liable for the cost of repair or replacement of
these items damaged due to negligence. However, Employee shall not be responsible of said items
due to wear and tear from normal use. Please report damage(s) to Employer immediately, if not, it
will be deemed Employee’s negligence.
 Page 3 of 5 Employee Initial: ____________
ELI Contract Agreement
5. Employer reserves the right to conduct announced inspection(s) of housing provided to Employee.
6. 500,000 Korean won shall be withheld for the second month from Employee’s pay as a security
deposit. Employer shall return the accrued deposit(500,000 Korean won), less deductions if any, to
Employee at the end of the Employment Period. Employee may designate other foreign teachers for
his/her deposit. In that case, the designated employee will send the deposit back to the person
concerned through his/her bank account. If employees renew the contract, article 7 - 6 won't be
applied.
7. If Employee chooses not to accept the housing provided by Employer, Employer shall provide
Employee with 200,000 Korean won per month as a rent subsidy in lieu of Employer provided
housing and there won't be any security deposit.
8. If Employer need to offer bigger size housing due to Employee's family member who will stay with
Employee, Employee has to pay the difference from the regular rent that school provides.
9. Employ will evacuate the apartment before their successor start their first official class.
Article 8 Airfare
1. Employer shall provide Employee a one-way economy-class airfare from the nearest International
airport to Employee’s city of origin to Seoul-Incheon or Gimpo International Airport. Employer
agrees to purchase the one-way airfare for the Employee prior to Employee departing for Korea.
Employee will be responsible for any taxes (if applicable).
2. Employee shall pay for all connecting flights within the Employee’s home country, or any other
flights not provided for in the travel itinerary authorized by Employer.
3. If Employee’s Contract is terminated, whether by Employee or Employer, within six months of the
Contract commencement date, Employee shall repay the price of the ticket on a pro rata basis
calculating the number of months that the Employee has worked since the start of employment.
4. Upon completion of Terms of Employment and all duties within that period, Employer shall
provide the Employee one-way economy-class airfare from Seoul-Incheon or Gimpo International
Airport to the nearest International airport to Employee’s city of origin. However, if Employee
renews the Contract for an additional year, return airfare will be provided to the Employee at the
end of the renewed Contract period.
5. If the Employee moves or transfers to another school in Korea, return airfare will not be provided.
Article 9 Paid Vacation
1. Employee shall be provided with the following days of Paid Vacation according to _ calendar
date. (Approximately 10 days)
A. _ Summer Break
B. _ Winter Break
2. Paid Vacation is a benefit given to Employee on the assumption that the Employee fulfills the
Terms of Employment. In the event the Employee is unable, Employee shall pay back a portion
(pro-rated monthly) of Employee’s salary equivalent to the total number of paid vacation days used
by Employee.
3._ calendar date will be used as priority source of decision when there is any conflict over
scheduling.
Article 10 Drug Testing
Employee will undergo quarterly drug test during the period of Employment on employee’s expense.
Employer will determine the date, time, and location.
Article 11 Alien Registration Process
Employee will be in full responsibility for processing Alien Registration. In this case, the process will be
conducted on Employee’s expense.
Page 4 of 5 Employee Initial: ____________
ELI Contract Agreement
Article 12 Code of Conduct
1. Employee shall not behave in any manner that may damage or tarnish the reputation of the teaching
profession and the Employer. Employee shall comply with and observe any code of conduct
applicable to Korean teachers.
2. Under Korean immigration law, Employee shall not receive pay from any other job, including a part
time job, outside the duties of Employer, during the Terms of Employment.
3. Employee shall not be involved in any activities, which may cause harm to the students or be of
detriment to the reputation of Employer.
Article 13 Termination of Contract
1. Resignation
If Employee wishes to resign and terminate this Contract, Employee must provide Employer
minimum ninety (90) days prior, written notice of resignation stating the last date of work and the
reason for resignation. If Employee chooses to resign, the airfare and the recruiting fee shall be paid
by Employee on the prorated daily basis and his/her VISA shall be cancelled immediately.
2. Termination by Employer
Employer may terminate this Contract for any one of the following reasons:
A. If Employee violates the laws of the Republic of Korea;
B. If Employee fails to perform or unsatisfactorily performs any of the duties stipulated in this
Contract for any reason;
C. If Employee is absent from work for more than three (3) days without Employer’s authorization;
D. If it is determined, that Employee is prevented from or incapable of performing his/her duties
for a medical reason, whether it is a physical or psychological ailment. If requested by
Employer, Employee must be immediately available for a medical examination.
3. Probation Period
Employee shall start on a probation period of ninety (90) days. Employer may terminate this
Contract as employer sees fit within the ninety days with justifiable reason to employee.
4. If the Contract is terminated, Employer shall pay Employee a prorated, monthly salary based on the
number of days actually worked by Employee during the last pay period of employment. The
Employee shall immediately refund the airfare, if any, pursuant to terms under Article 8.
Article 14 Confidentiality Agreement
This Contract, and all its contents, is entered into based on strict confidentiality between Employee and
Employer. Employee shall not disclose any information, and/or contents of this Contract to any third parties
without having received prior approval from Employer. Unauthorized disclosure of this Contract, knowledge
or information gained while employed at _, in whole or in part, whether intentional or unintentional,
shall result in immediate termination of Contract. In such a case, it shall be considered a termination of
Contract by the Employee.
Article 15 Miscellaneous
Employer shall determine matters not explicitly stated in the Contract by considering Employee’s concern.
Article 16 Indemnity
Employee shall indemnify for and keep Employer harmless from any liabilities or damages arising from, or
in relation to any negligent or illegal activities of Employee, whether intentional or unintentional, during the
Term of Employment under this Contract.
Article 17 Governing Law and Venue
The terms of this Contract and the rights and obligations of the parties named herein shall be interpreted
solely according to the laws of the Republic of Korea. If a dispute or disagreement arises in connection with
this Contract, the parties shall first try to resolve it in good faith. However, if the parties fail to resolve such
disputes to their mutual satisfaction, their disputes shall be resolved by arbitration in Seoul, Republic of
Korea, according to Commercial Arbitration Rules of the Korean Commercial Arbitration Board.
Page 5 of 5 Employee Initial: ____________
ELI Contract Agreement
(Please sign as same as shown on your passport.)
Article 18 Signature
In witness whereof, the parties hereto sign Contract in triplicate on the date entered below with each party
retaining one copy and submitting the third copy for Employee's visa application.
Article 19 Contract renewal
In case of contract renewal at the end of contract period, current employees' conduct, reputation, and the
report from ___ headquarter inspection will be used as a judgment criteria. After reviewing criteria, the
employer will decide whether he/she renews the contract.
Ignoranţa este adesea o boală fatal şi cretin nu poate fi vindecata.


  • SanderB
  • Super Waygook

    • 441

    • June 02, 2018, 06:25:54 pm
    • Burning Oil Be Best
Re: Pls help, newbie here, contract review
« Reply #1 on: April 11, 2019, 03:17:29 am »
Even though the pay seems a bit higher it seems very lopsided, in favour of the school. But I have no clue what is acceptable to most in Korea.

 The idea that the employer can make you do anything (unspecified= cleaning toilets) and fire you if you refuse or get ill sounds so medieval and extortionist to me. Almost as if they want to rub it in your face that to them you are the scum of the Earth instead of the salt.  ;D

Perhaps it's better to apply here:
https://www.waygook.org/index.php?topic=117059.msg790283;topicseen#new

I mean everyone gets tonsilitis for a few weeks when they first arrive in K. so your friend would be unable to call in sick because she might get fired?  :huh: And this means you can't hire a lawyer to help you nor ask a fellow teacher to intermediate on your behalf. Just weird...illegal maybe?
Quote
Employee shall not disclose any information, and/or contents of this Contract to any third parties
« Last Edit: April 11, 2019, 03:27:37 am by SanderB »
Fiat voluntas tua- What you want is allowed


Re: Pls help, newbie here, contract review
« Reply #2 on: April 11, 2019, 07:11:10 am »
Quote
3. Monthly pay period(at least 21 days of working day) starts on the 11th of each month and ends on
the 10th of the following month (example: Jan. 11 to Feb. 10).

as your friend will probably know, she won't be paid until July 10th, which will be a month and 5 days (minus the 5 days UNPAID orientation)

Quote
Approximate class instruction hours of Employee will be 6-8 hours per day and 1.5 hours per
day for class material preparation and homework check

so possibly 30 classes a week or up to 40 classes a week.  no definition of what a teaching hour is.  for example, for 2 hours is it 40 minutes with a break so two classes in that 2 hours or is it three 40-minute classes crammed into that 2 hours.  worth checking to make sure.  because burnout likely if the latter.

Quote
3. Shortly after arrival in Korea, new employee will be required to undertake orientation and training
for 4-5 days intended to provide employee with the requisite familiarity with institute operation and
policies and to ensure that employee possesses adequate knowledge and skills related to duties of
employment. No salary is given for this orientation period

not very nice that.

Quote
6. 500,000 Korean won shall be withheld for the second month from Employee’s pay as a security
deposit. Employer shall return the accrued deposit(500,000 Korean won),

for a public school, I'd have no problem. but hagwons seem less than honest with these security (don't run away) deposits.

Quote
If Employee chooses not to accept the housing provided by Employer, Employer shall provide
Employee with 200,000 Korean won per month as a rent subsidy in lieu of Employer provided
housing and there won't be any security deposit.

probably good for an F-visa with their own apartment. but 200 000 won is a pretty wankey amount.

Quote
9. Employ will evacuate the apartment before their successor start their first official class

so four to five days...

Quote
Employee will undergo quarterly drug test during the period of Employment on employee’s expense.

what the man!  every three months?  and you have to pay for it?  crap

Quote
If Employee wishes to resign and terminate this Contract, Employee must provide Employer
minimum ninety (90) days prior, written notice of resignation stating the last date of work and the
reason for resignation. If Employee chooses to resign, the airfare and the recruiting fee shall be paid
by Employee on the prorated daily basis and his/her VISA shall be cancelled immediately.

ninety days is too long, it's best just to do a runner than pay all the stuff back.  you are NOT liable to pay back recruiters fee as that is an agreement between the school and the recruiter.  not you.

Quote
3. Probation Period
Employee shall start on a probation period of ninety (90) days. Employer may terminate this
Contract as employer sees fit within the ninety days with justifiable reason to employee.

never good this.  if you don't look good, there is a drop in enrollment, you have a bit of culture shock, homesickness that affects your teaching etc.  then you can be fired?  not good.

that said, it has pension, NHIC included and airfares.  it doesn't contradict itself throughout like other crappier contracts, as I feel this is a fairly well established school or part of a chain.  if your friend talks to any former/present teachers and they can give more of an insight then if they fancy the hagwon route then so be it.  like Sander said, there are still public school jobs that are better, but with less choice of the area to live in. 


  • elsbethm
  • Veteran

    • 132

    • September 29, 2016, 09:26:54 pm
    • gangwondo
Re: Pls help, newbie here, contract review
« Reply #3 on: April 11, 2019, 07:56:06 am »
i-Get the number of teaching hours (and definition of a teaching hour) set in stone!!!
ii-By law, you only have to give  30 days written notice. By law, they have to give you 30 days notice, or 30 days pay.
iii-Quarterly drug testing is ridiculous.  If you go through with this contract, have this part changed to once a year or have the hagwon pay for it.
iv-if they fire you, you have to repay airfare? That seems like a setup for 11-month firing. Ask for that part to be removed.


  • OnNut81
  • Expert Waygook

    • 782

    • April 01, 2011, 03:01:41 pm
    • Anyang
Re: Pls help, newbie here, contract review
« Reply #4 on: April 11, 2019, 12:03:40 pm »
Smells like Poly, especially with the bi-yearly workshops and crap housing subsidy. 


  • Piggydee
  • The Legend

    • 2559

    • October 15, 2013, 07:32:43 am
    • South Korea
Re: Pls help, newbie here, contract review
« Reply #5 on: April 11, 2019, 03:13:48 pm »
    Employee will undergo quarterly drug test during the period of Employment on employee’s expense.


what the man!  every three months?  and you have to pay for it?  crap


Quarterly drug test?!?! :huh: :huh:  UGH NO BYE!!  Find another job OP there are plenty that won't treat you like cattle. 


  • waygo0k
  • The Legend

    • 3835

    • September 27, 2011, 11:51:01 am
    • Chungnam
Re: Pls help, newbie here, contract review
« Reply #6 on: April 11, 2019, 03:17:59 pm »
Monthly pay period(at least 21 days of working day) starts on the 11th of each month and ends on
the 10th of the following month (example: Jan. 11 to Feb. 10). Employee shall be paid on a pro rata
basis on the (10) tenth day of each month.

Many employers try to do this, some public schools have even tried it too. Your salary is a set amount each month, NOT pro-rated unless under certain circumstances (you quit or were fired early etc). In the case you have multiple national red days in a month, they're essentially saying you could get penalised for that.

When Employee has not worked a complete pay period, salary for that pay period shall be paid on a
pro rata basis based on the number of total work days for that pay period divided by the number of
actual worked days in the pay period.

See above. Borderline illegal, but I don't want to call it completely illegal.

Approximate class instruction hours of Employee will be 6-8 hours per day and 1.5 hours per day for class material preparation and homework check (Predetermined by Employer). Aforementioned days and times may change pending employer’s operational need.

30-40 teaching hours per week! Holy fecketty feck! They should add another million won to your salary for that!

Employee may designate other foreign teachers for his/her deposit. In that case, the designated employee will send the deposit back to the person concerned through his/her bank account.

What's wrong with simply returning your money back? Did they ask you to pay a foreign teacher and then that foreign teacher pays them?

Employer shall provide Employee with 200,000 Korean won per month as a rent subsidy in lieu of Employer provided housing and there won't be any security deposit.

Should be double that at the minimum. Now you know why they're paying 2.5, this is a shitty 2.2-2.3 million job with your salary padded up with half your standard housing allowance.

If Employee chooses to resign, the airfare and the recruiting fee shall be paid
by Employee on the prorated daily basis and his/her VISA shall be cancelled immediately.

Sue me...literally. They can only ask you to pay, they can't deduct it from your final pay. And of course, you're not legally obliged to do so...unless a court of law says you are.

Not an overly bad contract. Your friend could try to negotiate better terms for herself (particularly teaching hours, housing stipend and/or pay).
« Last Edit: April 11, 2019, 03:19:56 pm by waygo0k »