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Please review this contract for me!
« on: September 30, 2019, 01:06:31 am »
Hello, I am just about to sign onto my first contract as an ESL teacher and just wanted to make sure everything checks out on this contract. I'm a bit nervous because I'm so eager to get the job and the recruiter being so pushy is kind of putting me off (I realize it's just their job though!)

Thanks in advance!


1. Contract period

2
Party B must inform party A of whether to renew the contract or not two months prior to the end of the contract, and the contract may be renewed at that time by mutual agreement.

2.  Salary

1
Party A will pay a monthly salary of (2,200,000) (Korean currency) to Party B.
On completion of 1 year contract, Party B will receive the amount of one month salary( 2,200,000 krw) as a severance pay as  stated by Korean law

2
About 6% will be paid to the Korean Government. (Income tax + Medical insurance) as required by Korean law.

3
Over time rate for each hour will be 20,000won. Overtime hours will be worked only when agreed upon by both parties

4
Party B's salary shall be paid on the 15th of the next month for the previous monthís salary.  Note: The last monthís salary and completion bonus will be paid in full at the end date of the contract date.  If Payday falls on a national holiday, Saturday or Sunday, the salary will be paid on the preceding business day.

3. Working Hours

1
Party B is required to teach a maximum of 30 teaching hours per week from Monday to Friday.  Working hours will be between 9:30am ~ 5:40pm and Normally 40 or 50 minute classes for kindergarten students and elementary students.. There will be no classes on Saturday and Sunday unless agreed upon by Party B.

2
Classes and teaching will be scheduled in accordance with the needs of Party A

4. Accommodations

1
Party A will provide a rent free studio apartment and will take responsibility for normal maintenance (property tax, repairs, etc.).  Party A will provide a bed, gas stove, refrigerator,  table and chairs, washing machine, (But the fee for installing the phone/internet/cable will be charged to Party B).
Party B can select Housing Allowance (400,000 KRW) instead of Accommodation

2
The tenant party B, will be responsible for paying utilities, such as for the gas, electricity, telephone bills, etc.
And Party B need to pay Party A 300,000KRW If Party B leave school before 6 monthsí contract period to find a new tenant ( because Party A must contract with landlord for Party Bís house for a year or 6 months)

3
Upon first arrival in Korea, it may be necessary for the teacher to stay in a motel temporarily before his/her permanent apartment is available. Party A will pay this expense

5.  Airfare

1
Party A agrees to reimburse Party B for a one-way air ticket from his/her home country to ------ South Korea. Party A will repay the full cost of the one-way air ticket within 2weeks of Party Bís arrival to -------, South Korea.  Party B needs to get approval before purchasing their flight.  Once approved Party B needs to provide an official receipt in order to be reimbursed. Party A will reimburse Party B within 2 weeks of their arrival to Korea and after Party Bís medical results are returned and Party B doesnít have a positive result for drug use.

2
At the end of the contract Party A agrees to buy a one-way air ticket for Party B from -----, South Korea to his/her country  or any other destination ONLY WHEN Party B actually leaves ------ to his/her country or any other destination.

3
If Party B has to leave before 6 months of their employment contract is completed, Party B is required pay Party A back the amount of the Air-Ticket that was originally reimbursed

6.  Holidays & Sick Leave

1
All national holidays will be paid days off.

2
Party B can take 10 days of paid holidays over the contract 5 days in the summer and 5 days in winter during the schoolís vacation schedule. Party B is required to obtain approval from Party A in order to take a paid vacation. Weekends are not counted as vacation days only work days Monday-Friday are.

3
Party B can take 3 sick days throughout the course of the contract only if Party B is legitimately sick, yet Party B should make every effort to contact Party A to allow for appropriate rescheduling. Party B should also obtain a note from a Korean hospital/clinic that explains his/her illness. Classes missed due to non medical reasons, unverifiable medical conditions or without advance warning to the Employer will result in a deduction from the Employeeís salary and a written warning, which can be used to terminate the contract.

If the teacher is sick over 3 days, salary will be deducted on a prorated basis.   
Example: Salary 2,000,000 per month/20 work days in month= 100,000 KRW deducted each additional day taken due to illness above the 3 paid.)

7.  Medical Insurance

1
Party A agrees to pay 50% of the medical insurance monthly premiums as per Korean law. Party Bís medical insurance premium of 50% will be deducted from his/her monthly salary.

2
Dental and pre-existing conditions (diseases) are not covered in this insurance.

8.  National Pension

1.
Party A shall contribute half of the national pension plan deduction (approximately 4.5% of salary) for Party B pursuant to the National Pension Corporation Act of Korea. Party B matches this contribution each month.   American or Canadian employees are eligible for a pension distribution refund if he/she submits the required documents to the Korean National Pension Corporation when he/she leaves Korea after the completion of his/her contract
Example: Salary 2.0 Million KRW  (Party A contributes 90,000KRW & Party B contributes 90,000KRW for a total of 180,000KRW per month to the pension fund)


9.  Party Aís Obligations

1
Party A will introduce to Party B, the Party Aís school policies and regulations concerning work conditions.

2
Party A will provide Party B necessary working and living conditions

3
Party A will provide all curricula, textbooks and other teaching materials

4
Party A will help Party B as best as possible with any problems, including personal difficulties in living in Korea.

10. Party Bís Obligations

1
Party B shall observe Party Aís school policies and regulations as stated in points 10.2 through 10.13 concerning teachers and shall accept Party Aís arrangement, direction, supervision and evaluation in regard to his/her work.

2
Party B is not allowed to work for any other organization including private tutoring without party Aís prior consent.

3
Korean law stipulates that no full-time instructor may work at two or more institutions at the same time.  Failure to observe this regulation will result in immediate dismissal.

4
Without Party Aís consent, Party B shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with Party A.

5
Party B is responsible for the implementation of the schoolís curriculum, grading and evaluation, and attending occasional teachersí meetings.

6
Party B must behave in a professional manner during class or when socializing with students after class.

7
Party B can be required to interview new students and evaluate their placement level.

8
Party B shall not be absent without Party Aís permission.

9
If Party B is more than 10 minutes late without prior notification, one hour of pay may be deducted. If Party B is more than one hour late without prior notification, one day of pay may be deducted.

10
Party B shall not sexually harass the students in his/her care

11
No form of physical punishment may be used by Party B.

12
Party B must make all efforts to follow Party Aís teaching methodology. 

13
Party B will teach conversational English during his/her classes

11. Resignation

1
In the case of Party Bís resignation, which must be notified at least two months in advance, the contract between Party A and Party B will become be terminated.  Accordingly, Party Bís salary will be paid up to the date of party Bís departure

2
In the case of party Bís resignation without notice before two months, Party A is not obligated to pay the salary for the month..

12.  Dismissal

1
The employer may dismiss the employee from employment under the following conditions:
a. Violation of the laws of the Republic of South Korea
 b. Teaching classes while under the influence of drugs or alcohol.
c. Being late for class on a continuous basis.
d. Repeated absences from classes without a valid reason.
e. Abuse or aggressive actions towards the school director or co-workers
f. If any of the information provided in Party B's application is neither true nor accurate.
g. If it is determined that Party B 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 Party A, Party B must be immediately available for a medical examination).  In the event that this contract is terminated pursuant to the foregoing Party A shall pay Party B a pro-rated salary based on the number of days actually worked by Party B. In such event, Party B shall be responsible for the return flight to his/her home country. Party B's visa will subsequently be canceled

2
Party A must first bring the problem with proof to the attention of Party B in writing in the form of a warning letter and make every attempt to resolve the situation. Party B will follow the direction of Party A and make every attempt to correct the problem.  Proof, but not warning letters, will be provided for sections 12.a ,12.b and 12 e  Upon receipt of three warning letters, the Party A shall be dismissed with 30 days notice of dismissal according to Article 26 of the Korean Labor Standards Act.

13.  Revision and Renewal of Contract

1
Both parties should abide by the contract and must refrain from revising, canceling, or terminating the contract without mutual consent.

2
This contract may be renewed upon agreement between Party A and Party B two months prior to its expiration; otherwise, Party B will just finish out the completion of the original contract.
The undersigned agrees to the terms stated above in this contract and for future reference, each party is to keep a copy of this contract.

14. Training/Orientation

1
Party B may be required to do a training period/orientation. Party B will not be entitled to any compensation if an orientation is required.  Orientation period will not be longer than 2 days.
2
If Party B fails to fully complete the orientation, this Contract shall be subsequently terminated and Party B must return to his/her home country. In that case, the return airfare shall be borne by Party B. Party B's visa shall be canceled.

15. Indemnity

1
Party B shall indemnify for and keep Employer harmless from any liability or damages arising from or in relation to any negligent, intentional or illegal activity of Party B during the Term of Employment under this Contract

16. Governing Law, Language and Venue

1
The terms of this Contract and the rights and obligations of the parties hereto shall be construed, interpreted and determined in accordance with the laws of the Republic of Korea.



  • thunderlips
  • Hero of Waygookistan

    • 1581

    • June 07, 2012, 10:01:55 am
    • South Korea
Re: Please review this contract for me!
« Reply #1 on: September 30, 2019, 07:41:12 am »
Overall not terrible, but all the threats of pay deductions is a big red flag. They can't hold you accountable for the 300 for the housing and if you get sick more than 3 days deduction is bs. Also being 10 minutes late they can't deduct one hour of pay. I'd keep looking unless you are desperate.


Re: Please review this contract for me!
« Reply #2 on: September 30, 2019, 07:44:29 am »
Quote
Party B's salary shall be paid on the 15th of the next month for the previous monthís salary.

15th is really late.  I say this as usually hagwons have the 10th as the payment date which is late.  But I can only see the 15th as a way to stop you from doing a runner.

Quote
Party A will provide a bed, gas stove, refrigerator,  table and chairs, washing machine,

No air-conditioner?  It gets uncomfortable in the summer.

Quote
And Party B need to pay Party A 300,000KRW If Party B leave school before 6 monthsí contract period to find a new tenant ( because Party A must contract with landlord for Party Bís house for a year or 6 months)

No.  You are not liable for anything between the landlord and your employer.  If you quit, then the new teacher will just move in when you've gone.  So it is up to the school to find a new teacher as quick as possible.  That is why it is nothing to do with you.  This kind of penalty is illegal. 

Quote
Party A agrees to reimburse Party B for a one-way air ticket from his/her home country to ------ South Korea. Party A will repay the full cost of the one-way air ticket within 2weeks of Party Bís arrival to -------, South Korea.  Party B needs to get approval before purchasing their flight.  Once approved Party B needs to provide an official receipt in order to be reimbursed. Party A will reimburse Party B within 2 weeks of their arrival to Korea and after Party Bís medical results are returned and Party B doesnít have a positive result for drug use.

This is always really dodgy.  If you arrive and they don't like the look of you they can just fire you in those two weeks and not pay your airfare.  'Drug use' is a really specific condition to get the money back.  I get the feeling that a previous teacher had some positive test.

But on the plus side, it has a return ticket, which is fairly rare these days, but with a condition that you leave...

Quote
ONLY WHEN Party B actually leaves ------ to his/her country or any other destination.

Quote
pre-existing conditions (diseases) are not covered in this insurance.

They are.  NHIC covers you for pre-existing conditions.

Quote
If Party B is more than 10 minutes late without prior notification, one hour of pay may be deducted. If Party B is more than one hour late without prior notification, one day of pay may be deducted.

These kind of clauses are illegal.  They can't deduct a full hour for being ten minutes late.  Crime and punishment don't match.

Quote
Party B will teach conversational English during his/her classes

First time I've seen such a clause.  Must be all that broohaha with E2's only legally teaching conversation.   :undecided:

Quote
In the case of Party Bís resignation, which must be notified at least two months in advance, the contract between Party A and Party B will become be terminated.  Accordingly, Party Bís salary will be paid up to the date of party Bís departure

Legally, you don't have to give any notice, just if you're being nice.  Two months is too long anyway.  You could just leave Korea and nothing can be done. 

I've mentioned a lot of things, but it's seem fairly 'normal' this contract.  It has return fare, pension and health care.  You should contact current/past teachers to get more of an idea about it.  And proceed carefully. 


Re: Please review this contract for me!
« Reply #3 on: September 30, 2019, 07:53:23 am »
All of the illegal penalty clauses in this contract make me think that this school probably has a lot of issues and therefore a lot of problems keeping teachers.

I'd pass.


Re: Please review this contract for me!
« Reply #4 on: September 30, 2019, 08:10:13 am »
Thank you so much for all of the responses. There were a lot of things in there  that I hadn't really thought about!

I guess I am going to keep searching.
« Last Edit: September 30, 2019, 08:14:52 am by rainbowreader »


Re: Please review this contract for me!
« Reply #5 on: September 30, 2019, 12:15:48 pm »
Also 2.2 is really low in 2019 if you do decide to take the offer counter with 2.5 and dont settle for less than 2.4. I Made 2.4 fresh off the boat in 2007 or 08 and prices have nearly doubled since then for almost everything.

Good luck

T.C.


Re: Please review this contract for me!
« Reply #6 on: September 30, 2019, 01:34:33 pm »
Also 2.2 is really low in 2019 if you do decide to take the offer counter with 2.5 and dont settle for less than 2.4. I Made 2.4 fresh off the boat in 2007 or 08 and prices have nearly doubled since then for almost everything.

Good luck

T.C.


  • oglop
  • The Legend

    • 2329

    • August 25, 2011, 07:24:54 pm
    • Seoul
Re: Please review this contract for me!
« Reply #7 on: September 30, 2019, 04:10:25 pm »
I Made 2.4 fresh off the boat in 2007 or 08

why did you come to korea on a boat?


  • NorthStar
  • Expert Waygook

    • 607

    • July 05, 2017, 10:54:06 am
    • Seoul
Re: Please review this contract for me!
« Reply #8 on: September 30, 2019, 06:52:58 pm »
Unless you are working 2:30-6:30 p.m. with full benefits making 2.1....2.4 is the lowest one should accept...across the board.


  • Cohort 2019
  • Adventurer

    • 53

    • August 17, 2019, 08:09:23 pm
    • 90įS.- 0'E
    more
Re: Please review this contract for me!
« Reply #9 on: October 01, 2019, 01:04:01 am »
How did Texas C. get on the boat in the first place?

incumbo studiis


Re: Please review this contract for me!
« Reply #10 on: October 01, 2019, 06:53:34 am »