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Another Contract to Look Over
« on: August 17, 2019, 11:57:16 am »
Hello again! I've received another offer and would appreciate it if some of you could give me your opinions about it. It's much better than the previous offer. But there could still be some things that are fishy that I'm unaware of.


This employment agreement has been made on _________(date) by and between ________ having its office at __________ (hereinafter referred to as “EMPLOYER”); and ___________(name), a citizen of ___________(country), whose address is ___________ (hereinafter referred to as “EMPLOYEE”).

EMPLOYER and EMPLOYEE agree to the following:

EMPLOYEE accepts employment from EMPLOYER to teach the English language under the terms and conditions set forth here in this agreement for a period of twelve full and consecutive months.

Employment commences on the first day of orientation ( 31st of October , 2019) and finishes on the last teaching day ( 30th of October 2020) of the last teaching session covered under this agreement.

Duties

During the term of this agreement, EMPLOYEE will be required to prepare for, teach, and carry out all required administrative duties connected with classes assigned by EMPLOYER.

EMPLOYEE will be required to go to work one hour before the start of classes. Hours spent in the office preparing lessons, photocopying materials, marking assignments, and other work related to the Institute shall not exceed 10 hours per week.

No regular schedule of work hours can be guaranteed to EMPLOYEE. Payment made for assigned teaching periods is inclusive of payment for preparation and administrative duties connected with assigned classes.

EMPLOYEE agrees to attend meetings and training workshops scheduled by EMPLOYER. The purpose of meetings and workshops is to inform employees of matters relating to employee duties and the Institute’s operation, or to assist in EMPLOYEE’s professional development. No payment in excess of or in addition to EMPLOYEE’s monthly salary will be made for attending meetings or workshops scheduled by EMPLOYER.

 The minimum teaching requirement is an average of six (6) teaching hours per day, such average being calculated over each month. Monday through Friday are teaching days, except for scheduled national Korean holidays and vacation days.

EMPLOYER will have the authority to require EMPLOYEE to perform teaching duties in excess of the minimum teaching requirement, such excess being no more than an average of two teaching periods per day. Total teaching periods in excess of the minimum requirement are considered overtime and calculated on a monthly basis.

At all times during the terms 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 Institute.


Compensation and Other Treatment of the Employee

Transportation: EMPLOYER will charge an economy class one-way ticket from the point-of-departure for passage on a regularly scheduled airline to Korea. Another one-way ticket will be given to EMPLOYEE after EMPLOYEE’s completion of the contracted agreement. The point-of-departure is defined as the international airport nearest to the EMPLOYEE’s residence in his or her native country (or a mutually agreed to point-of-departure).

Orientation and Training: Shortly after arriving in Korea, EMPLOYEE will be required to undertake orientation and training before commencing teaching. The period of training and orientation will usually be one week, but EMPLOYER reserves the right to reduce that period in cases where the EMPLOYEE arrives in Korea less than one week before the commencement of a scheduled teaching session. All training days will be paid at the rate of 40,000 Korean won per day.

Salary: EMPLOYER will pay EMPLOYEE a guaranteed gross salary of 2,300,000 Korean won which will be paid on the 10th of each month (i.e. a month’s salary from January 7th (if the employee starts work on the 7th) through the 31st will be paid to the employee on February 10th, and February’s salary (from the 1st to the 28th) will be paid on March 10th). The last month’s salary will be paid on the last day of the contract period, according to this contract.

In accordance with the laws of Korea, a 5% income tax will be deducted from the monthly salary. This 5% deduction also applies to EMPLOYEE’s final severance pay at the end of this contract. Monthly salary payments will be made on or before the 10th day of the month following the month during which the employment services were provided. EMPLOYEE will be paid at the rate of 20,000 Korean won per teaching period in excess of the minimum monthly teaching requirement.

Housing: EMPLOYER will select and provide a single, furnished living accommodation for EMPLOYEE. Furnishings provided by EMPLOYER for common use in EMPLOYEE’s accommodation include: a kitchen table and chairs, a two-burner gas hotplate, a refrigerator, a television, a washing machine, a bed, a wardrobe, and a fan.

The cost of monthly services, utilities, and charges for accommodation provided by EMPLOYER will be paid by EMPLOYEE. In the event of a shared occupancy, these costs will be shared by all employees residing in the residence.

In the event that EMPLOYEE vacates the employer-provided accommodation during the contract term and the lease for the accommodation must be cancelled, EMPLOYEE will pay any cancellation charges and other associated expenses, if any, incurred by EMPLOYER due to the cancellation of the lease of the accommodation provided for EMPLOYEE.

Severance Payment: Dependent upon completion of at least one full year of employment with the EMPLOYER, EMPLOYEE will be given approximately one month’s salary payment, according to Korean Labor Law. This payment will be made at the time of termination of employment, including any periods subsequent to that covered under this agreement.

Holidays and Vacation: EMPLOYEE may use 10 days as paid vacation per year (days on which EMPLOYEE does not regularly work (i.e. Saturdays, Sundays, and Korean National Holidays) are not to be considered part of the vacation period); only after the initial 3 months of employment, with no vacation exceeding 5 days per segment, unless agreed to by EMPLOYER. EMPLOYEE will be paid for all Korean National Holidays and is not expected to work on these days. Due to annual summer and winter breaks in Korea, EMPLOYEE is expected to use up to 5 days of set vacation when the Institute has a scheduled vacation. All vacations will be administered through EMPLOYER.

Sick Leave: EMPLOYEE is allowed a maximum of three (3) days of sick leave per contract period. EMPLOYEE must notify EMPLOYER at least 24 hours before sick leave is used. A doctor’s note is also required within 24 hours after the EMPLOYEE returns to work from sick leave. The value of unused sick leave remaining at the completion of the contract period will be paid to EMPLOYEE at that time.

Medical Insurance: EMPLOYEE will receive medical coverage 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. The monthly premium is approximately 3% of EMPLOYEE’s monthly salary. All costs associated with medical coverage usage (i.e. hospital visits, treatment, and pharmaceutical medicine and supplies) are the sole responsibility of EMPLOYEE.

Dual Employment Prohibition

EMPLOYEE, after signing this agreement and receiving a work visa, can only legally work for the Institute as designated by EMPLOYER. If EMPLOYEE works for any other institutes, companies, or individuals without the consent of both EMPLOYER and the Korean Immigration Office, EMPLOYEE shall pay one month’s salary, the total cost of hiring and replacing EMPLOYEE, and any other losses or fines ensued as a result of his/her conduct, including losses incurred by the Institute if the license to operate the school is revoked.

Renewal

EMPLOYEE must give EMPLOYER a written 60-day notice before renewal or non-renewal of EMPLOYEE’s current contract.

Both EMPLOYER and EMPLOYEE reserve the right to renew the contract.


Termination of Contract

Both parties agree to give at least a written 60-day notice prior to the termination date of this contract.

EMPLOYER reserves 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.

In the event that EMPLOYEE is dismissed, or in the event that EMPLOYEE voluntarily resigns prior to the termination of the terms of this agreement, EMPLOYER will pay salary due up to date of termination. EMPLOYER will not pay the cost of return transportation to point-of-departure for EMPLOYEE, nor will EMPLOYER pay any severance pay. Further, EMPLOYER will be entitled to withhold an amount less than or equivalent to, but not exceeding, the cost of airfare provided for EMPLOYEE to travel to Korea.


Covenants

EMPLOYEE hereby agrees, covenants, and undertakes that he or she will not undertake any teaching duties of employment with any persons or organizations other than EMPLOYER. To undertake such employment is a breach of Korean Immigration Law and can have serious consequences.

EMPLOYEE understands and accepts that the rights to use, sale, distribution, or publication of all original material produced for use by the Institute during the course of EMPLOYEE’s employment, and for which the EMPLOYEE is compensated as either regular pay, overtime, or as a mutually agreed upon lump sum, remain the sole property of EMPLOYER.


Jurisdiction

This agreement will be interpreted according to the internal (domestic) laws of the Republic of Korea. A competent court in the Republic of Korea will have jurisdiction in regard to any dispute or claim arising out of, or in connection with, this agreement.

EMPLOYER and EMPLOYEE have executed this agreement on the date indicated below. Intending to be legally bound to, and in witness of, EMPLOYER and EMPLOYEE have appended their signatures.



___________________ __         
EMPLOYER
 ___________________ _____
 EMPLOYEE

___________________ ____________            ___________________ ____________
Date                            Date






Re: Another Contract to Look Over
« Reply #1 on: August 18, 2019, 02:52:15 pm »
Quote
EMPLOYEE will be required to go to work one hour before the start of classes. Hours spent in the office preparing lessons, photocopying materials, marking assignments, and other work related to the Institute shall not exceed 10 hours per week.

No regular schedule of work hours can be guaranteed to EMPLOYEE. Payment made for assigned teaching periods is inclusive of payment for preparation and administrative duties connected with assigned classes.

 The minimum teaching requirement is an average of six (6) teaching hours per day, such average being calculated over each month. Monday through Friday are teaching days, except for scheduled national Korean holidays and vacation days.

I'd be wary of a contract that doesn't have a start time and finish time.  What is a 'teaching hour'? I don't really like how this part is written either.  Will you be doing split-shifts?  You're expected to be at school preparing and whatever for two hours every day, which seems fine.  But there is also a lot of 'calculated over each month' which is written a few times through the contract and that's what I don't like, as it says in the middle bit there is 'no regular schedule'.  How does that work?  If you teach four classes one day they can then get you to teach eight the next to make up the average for the month?  Why can't they give you a regular schedule?

Quote
EMPLOYER will have the authority to require EMPLOYEE to perform teaching duties in excess of the minimum teaching requirement, such excess being no more than an average of two teaching periods per day. Total teaching periods in excess of the minimum requirement are considered overtime and calculated on a monthly basis.

Which is what this says.  If you really think you can come to Korea and teach eight hours a day (which is tons) then go for it, but you won't have much of a social life.  This has burnout written all over it, also considering that you may have split-shifts which would make it even worse for having no free time.

Return flight  :smiley:

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In accordance with the laws of Korea, a 5% income tax will be deducted from the monthly salary.

Tax is deducted according to Korean Tax Law, it's a sliding scale and it's not fixed, so no idea where they get 5% from.

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Furnishings provided by EMPLOYER for common use in EMPLOYEE’s accommodation include: a kitchen table and chairs, a two-burner gas hotplate, a refrigerator, a television, a washing machine, a bed, a wardrobe, and a fan

Air-conditioner is a must too.

Quote
In the event of a shared occupancy, these costs will be shared by all employees residing in the residence.

Shared?  Not on your life.

Quote
In the event that EMPLOYEE vacates the employer-provided accommodation during the contract term and the lease for the accommodation must be cancelled, EMPLOYEE will pay any cancellation charges and other associated expenses, if any, incurred by EMPLOYER due to the cancellation of the lease of the accommodation provided for EMPLOYEE.

Erm, no.  The housing lease is with the school, not you.  If you break the school contract and leave, they still have the lease for the next teacher, so no idea why they would make you pay for it.  I moved apartments years back during my contract because of one disgusting foreign teacher in my building, so I paid up the rest of the housing contract and then moved as my school wouldn't, but that's a different thing.  If you leave your school, you're not liable for the housing like this. Legally dodgy this.  Just do a runner.  Easier.

Quote
Sick Leave: EMPLOYEE is allowed a maximum of three (3) days of sick leave per contract period.

The fact they have sick days is good, considering many hagwons offer unpaid or none at all.

Quote
Medical Insurance: EMPLOYEE will receive medical coverage 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. The monthly premium is approximately 3% of EMPLOYEE’s monthly salary. All costs associated with medical coverage usage (i.e. hospital visits, treatment, and pharmaceutical medicine and supplies) are the sole responsibility of EMPLOYEE.

Now, this is where it gets confusing.  Firstly, IF your school gives you medical insurance, they also have to give you pension, which I haven't seen in the contract.  Both paid half and half.  Both are linked.  Also, it is not a set 3%.  So you'd have to look into this as it doesn't sound right at all. 

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If EMPLOYEE works for any other institutes, companies, or individuals without the consent of both EMPLOYER and the Korean Immigration Office, EMPLOYEE shall pay one month’s salary, the total cost of hiring and replacing EMPLOYEE, and any other losses or fines ensued as a result of his/her conduct, including losses incurred by the Institute if the license to operate the school is revoked.

Illegal nonsense. 

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Both parties agree to give at least a written 60-day notice prior to the termination date of this contract.

Legally, you don't have to give any, only if you're nice.  Legally, they need to give you 30 days paid notice or let you work a month. 

There are bits I don't like.  It has airfare which is good.  But the illegal bits, and the non-existant work schedule, and other stuff like that, it may be okay for someone who doesn't want any free time.  It's a lot of work.  If you really must, then contact the current teachers and think about it some more, but be careful. 


Re: Another Contract to Look Over
« Reply #2 on: August 20, 2019, 05:25:23 pm »
Thank you! I've decided not to accept this offer. I can find something better.