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Let's Look At This Contract
« on: October 26, 2019, 07:00:51 pm »
 I copied this contract, and pasted it below. I tried to remove all names and addresses. Have a look at the contract and see if there are any illegalities. My instincts tell me that it's kind of weird to be told that I might have to work on a Saturday because of the inconvenience of Chuseok!   As I understand it, I am legally entitled to 5 working days of vacation in the summer and 5 in the winder, and I won't need to work on the weekend after those. I am also legally entitled to Korean public holidays. But this contract seems to question this. There is something about confining the holidays to holding periods. Whatever that means. Also there are a lot of contradictions in the contract.  Clearly I am going to have to renegotiate parts of it with the employer, because contradictions don't make sense and will cause me trouble.
Have a look at the contract yourselves, and tell me if you see any other illegalities, or serious red flags. Like I say, I'm going to try to iron out the contradictions with the employer, and they do seem keen to hire me.
Here's the contract\;


I.   TERM OF CONTRACT
   1.   This contract will be valid for a period of 12 months beginning   .   , 2019 
      and ending   .    ,  2020 
II.   EMPLOYEE REQUIREMENTS

   1   The Employee will act in a professional manner and be responsible for conducting professional English Language classes.

   2.   The Employee will be required to work on a regularly set schedule. ) The instructor's working hours will be 9 am -6:00 pm. Working hours may be slightly extended or changed depending on location or session, but the general working hours is from 2pm to 10pm for elementary campus and 3pm to 11pm for middle campus. The Employees will do 30 hours of teaching per week and 120 hours of teaching per month. In a special case like lunar new year or Chu Seok holiday, one of the Saturdays or a national holiday in the month which includes a Korean traditional holiday can be exchanged with a weekday off to secure the convenience of the students and their parents. And the Employee may be asked to work on a weekend or on a national holiday. If this occurs, the Employee shall be granted overtime pay(III. 1.3). It is not applicable to events mentioned in section II.4.
The set schedule is not applicable to certain cases such as the summer and winter intensive course periods.
151012; 받는다(III. 1.3). 단, II.4 사항은
   3.   The Employee will work on a different time schedule during the summer and winter intensive semester. The working hours during the summer and winter intensive semester vary slightly depending on the location and the campus. The Employee is required to conduct classes during the summer and winter intensive semester. If the Employee works over 30 hours of teaching a week, the Employee will be compensated as stated in the contract ( III. 1.3) 

   4.   The Employee is required to attend events held by the Employer such as workshops, a year- end party, retreats, academic seminars, etc.

   5.   The Employee must submit the required documents for a visa by the due date, which both sides have agreed on. If the Employee fails to submit the required documents by the due date, the Employer is able to change the Employee’s position or is able to cancel the contract.

   6.   The Employee must follow Korean immigration laws and take responsibility for any immigration duties including any immigration fees such as Medical health check, Alien Registration, re-entry permit and visa extension, etc.

III.   SERVICES PROVIDED BY THE EMPLOYER

   1.   PAYMENT

      1.1   The Employer will pay a monthly salary of   2.3 KRW for regularly scheduled hours.

      1.2   If the Employee fails to work on the set hours due to tardiness, absence, etc.; the monthly payment will be calculated and paid using a daily rate and/or an hourly rate.

The method for calculating the daily rate: Monthly salary divided by 30.

      1.3   The Employee may be asked to do over 30hours of teaching a week or 120 hours a month. In this case, the Employee will be compensated 20,000KRW per hour for the overtime.


      1.4   The Employer will pay the Employee a monthly salary or the total sum of amount for one full month of work on the 10th of the each month. In the event that the Employee doesn’t start working on the very first day of the month, their working days for that month will be counted from the day when they start working on a regular schedule.

      1.5   Olympiad has the authority to move the employee from one department to another with sufficient notice of two (2) weeks or ten (10) business days. In case of emergency, such as absence or vacancy, Olympiad can ask the employee to move departments, when necessary, either ad interim or permanent capacity.
      1.6   Return tickets to point of origin, severance and pension, if eligible, will be sustained once contract is completed.
   2.   HOUSING

      2.1   The Employer will provide the Employee a single apartment in a safe environment with certain furniture items (bed, washing machine, gas range, refrigerator, TV, a table and chairs suitable for taking meals, fan or air
conditioner, some utensils and cookware, a wardrobe, ) and the apartment
will be provided at no cost to the Employee with the exception of utilities and
phone, cable, satellite and internet bills.
It is also recommended that the Employee bring some money during the first month of employment.
 
      2.2   The Employee has the duty to preserve the condition of the housing and furnishings until the end of this contract. If they are damaged or destroyed, the Employee must restore them to their original state or pay the replacement of the same standard of quality.

      2.3   200,000KRW will be deducted from each of the Employee’s first three paychecks for a total of 600,000 KRW to be used as a security deposit.
This deposit will cover any unpaid services, bills, damage and airfare in the event that the Employee fails to pay or fails to fulfill 6 month of the Employee’s contract. The Employer will hold the full amount of the security deposit until all bills paid. The remaining amount will be returned to the Employee after all bills have been paid at the end of contract. However, the Employee who renews the contract and has already paid the security deposit will not be required to pay the security deposit again.
피고용인의 처음 급여 3달간 매월 996;.
   3.   AIRFARE REIMBURSEMENT
항공 요금
      3.1   The Employee has to arrange and purchase their entry air ticket by themselves. Once the Employee passes the medical test and obtains an Alien Registration Card in Korea, the airfare amount up to (1,200,000) KRW will be reimbursed back to the Employee. For the reimbursement procedure, the Employee must submit an accredited receipt and flight itinerary to the Employer.
All flight schedules must be set with the Employer or Employer’s agent before purchasing the flight ticket.
The reimbursement is subject only to the Employee who will be fulfilling a 12-month of employment period and has been hired outside of Korea. This is not applicable if hired within Korea.
&0864;, 피고용인은 처음 고용인이 지불했던 항공권 금액을 반환해야 한다. 혹은 고용인이 피고용인의 마지막 월급에서 항공권에 해당하는 금액을 차감할 수 있다.
   4.   LODGING
임시숙소
      4.1   The Employer will provide lodging, if necessary, for the Employee’s stay during the orientation and training period at a facility provided by the Employer.
&84; 제공한다.
   5.   HEALTH PLAN
건강 보험
      5.1   The Employer will pay 50% of the premium for the Employee’s health plan, which is provided by the Employer and is administered through the Employer. Participation in a health plan is mandatory under Korean Law. The Employee will be responsible for remaining 50 percent of the costs.
&
   6.   SEVERANCE PAY

      6.1   The Employer will pay severance to the Employee upon completion of the contract.  The amount of the severance pay will be equal to one month of salary (   2.3 KRW), and if necessary, applicable government deductions will be subtracted.

      7.2   Employees may only take vacation during designated middle school holding periods. Holding periods occur four times a year and are reflective of a middle school testing period where students do not attend classes at Olympiad. Holding periods may change due to the amount of students that have testing.
      7.3   When the Employee finishes the contract, the unused vacation will be compensated as daily wage as remained. In case of the Employee terminates their contract in the middle of the contract period, the Employee will get one day vacation per month after their first three month. The unused vacation will be compensated or the over used vacation will be deducted.
&#5458
병가
      8.1   The Employee may use up to 5 paid sick days per year provided they bring a doctor’s note from a hospital. Any additional sick days beyond the 5 days provided will be counted as absences, and the pay will be calculated according to the daily rate/hourly rate.
피고용인은 의사의 진단서를 첨부한 &#4
      8.2   No more than two consecutive sick days may be taken at once. The employee has a duty to report the sickness to the campus director or supervisor before starting work. The Employee must give the director or supervisor a doctor’s note explaining the legitimate reason for missing work the next day.

   pension   9.1   The Employee and the Employer will make regular contributions to the Employee’s pension fund, as stipulated by the rules and regulations of Korean National Pension Corporation. If eligible, the Employee will receive a reimbursement of all contributions made by him/herself and the Employee upon departure from Korea.
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IV.   RENEWAL & TERMINATION OF CONTRACT
재계약과 계약 파기
   1.   RENEWAL
재계약
      1.1   The Employee must give the Employer a written 60-day notice before renewal or non-renewal of the Employee’s current contract.

      1.2   Both the Employer and the Employee reserve the option to renew the contract.

   2.   TERMINATION OF CONTRACT
계약 파기
      2.1   Both parties will give at least a written 45-day notice prior to the termination date of the contract. If the Employee terminates their employment without providing 45 days notice, unless agreed upon by the Employer, the Employee will be responsible to pay the daily wage for each day under 45 days, as well as all bills associated with housing, rent, utilities, and management fees for the apartment provided for them by the Employer.
7308;, 공과금, 관리비 등의 납부 의무를 진다. 
      2.2   The Employer retains the right to terminate the contract immediately if:
&#4권리가 있다.
         a.   The Employee is unable to meet the responsibilities or conditions required for employment such as being late for class on a continuous basis; continuous failure to keep regularly scheduled class times and repeated absences from classes without a valid reason.

         b.   The Employee teaches off the Employer’s property.
고용인이 정한 근무처가 아닌 기타의 곳에서 수업을 진행 한 경우.
         c.   The Employee uses illegal drugs or is intoxicated during work hours.
#44540;무를 할 경우.
         d.   The Employee participates in any type of criminal activity or corruption of public morals that violates the laws of the Republic of South Korea.
&
         e.   The Employee receives written warnings from the Employer on 3 occasions.
피고용인이 고용인으로부터 3회 이상의 서면 경고를 받았을 경우.
         f.   The Employee tells others about their own employment contract details.
피고용이 자신의 고용계약 내용을 다른 사람에게 말하는 경우
         g.   As per Korean Government Visa Regulations, the Teacher will be tested for drugs/illnesses (including HIV and TBPE), after arriving in Korea. If the Teacher tests positive, the institute will terminate his/her contract and the Teacher will be deported according to the new visa regulations. The Teacher has to reimburse all of the costs for coming (including the airfare) and all of the cost of hiring.
      2.3   If, for any reason, the contract is terminated before the full completion of the contract period:
만일 어떠한 이유로든 본 계약이 계약기간 완료 전에 파기될 경우에는:
         a.   The Employee will not qualify for benefits such as severance pay and airfare.
피고용인은 퇴직금과 항공편에 대한 혜택 등을 받지 못한다.
         b.   The Employee will be wholly responsible for any utilities/maintenance remaining for the duration of their housing lease.
피고용인은 고용주가 제공한 숙소에서 거주한 기간 동안에 발생한 제반 잔여 비용에 전적으로 책임을 진다.
      2.4   Within 14-days the Employee is required to sign a notice of termination and accompany the Employer to the Korean Immigration office to notify the Korean Immigration office of the termination.
피고용인은 계약이 파기된 날짜를 기준으로 14일 안에 고용주와 동반하여 법무부 출입국 관리 사무소에 계약파기에 관한 사실을 통고하여야 한다.
V.   VENUE FOR DISPUTES BETWEEN EMPLOYER AND EMPLOYEE
고용주와 피고용인간의 분쟁에 관한 입장
   1.   The appropriate laws of the Republic of Korea will govern this contract.  However, while both parties enter into this contract with total honesty and integrity, disputes may sometimes occur.  In such cases, both parties will be bound by all terms and conditions of this contract and will try to resolve the difference in a civil manner that is fair to both parties.  In the event that no solution can be found for a problem and either party decides to terminate this contract, they must do so in accordance with Section IV, 2 above.  Upon such termination, both parties will agree to remain civil and to speak honestly and fairly about their experiences and not in a disrespectful manner.
&#4
VI.
FULL KNOWLEDGE
숙지
   1.   GOOD FAITH
상호 신뢰
      The Employer and the Employee will act in good faith toward each other. The Employer will not dismiss the Employee without what reasonably is considered good cause and the Employee will do their utmost to satisfactorily fulfill all the responsibilities and meet all the conditions as described in the above agreement.
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   2.   CHANGES TO CONTRACT
계약서의 변경
      The Employer and the Employee agree that they have read the Employment Contract in its entirety and no other verbal agreement, statement or promise made on or before the effective date of this contract will be binding on the parties.  Any changes made must be in writing and signed by both parties to be included in this contract. Any changes made to this contract without the knowledge and written consent of both parties are to be considered invalid.
&#44무효이다.
   3.   TRANSFERAL OF CONTRACT
계약서의 이전
      Under no circumstances can the Employer exchange, give, sell, or transfer this contract or the services of the Employee to another party or Institute without the written consent of the Employee.
그 어떠한 경우에도 고용주는 피고용인의 문서화된 동의 없이 본 계약서를 다른 고용주에게 양도, 또는 매매 할 수 없다.
   4.   LANGUAGE OF CONTRACT
계약서의 언어
      The language of this contract is written in English and Korean. In the event of a dispute, the English version of this contract will prevail.
&#4
VII.   ADDITIONS TO CONTRACT
계약서에 첨부할 사항



Re: Let's Look At This Contract
« Reply #1 on: October 28, 2019, 07:45:18 am »
This is Avalon, right?

https://www.waygook.org/index.php?topic=98067.0
https://www.waygook.org/index.php?topic=109642.0

Quote
As I understand it, I am legally entitled to 5 working days of vacation in the summer and 5 in the winter

Labour Law covers the Philippine builders, CEOs, English teachers in Korea, everyone basically.  It's like a basic human right law.  We are not legally entitled to 'vacation' like we have in the west. 

Quote
Article 55 (Holidays)
An employer shall allow workers at least one paid holiday per week on average.

This hagwon is ...

Quote
The method for calculating the daily rate: Monthly salary divided by 30.

Open every day, which is stupid, but that's how it is.  We know students who go to their hagwons on Sundays.  It's an everyday thing.  If you work from Monday to Friday or Monday to Saturday, then you get Saturday/Sunday off, 'paid'.  That clears up that whole legality with this Labour Law article. 


Quote
Article 60 (Annual Paid Leave)
(1)   Every employer shall grant any worker who has worked not less than 80 percent of one year a paid leave of 15 days. <Amended by Act No. 11270, Feb. 1, 2012>
(2)   Every employer shall grant any worker who has continuously worked for less than one year or who has worked less than 80 percentage of one year one paid-leave day for each month during which he or she has continuously worked. <Amended by Act No. 11270, Feb. 1, 2012>
(3)   Where an employer grants any worker a paid leave for the latter's first year of work, the former shall grant the latter a paid leave of 15 days, including the paid-leave referred to in paragraph (2), and, if the latter has already taken the paid-leave provided for in paragraph (2), deduct the number of days of such paid-leave from the said 15 days.

'Paid leave' in (1) is a paid day off, if you worked not less than 80 percent of the year, you get 15 'paid leave days'.  For your hagwon, as it's open every day, this is satisfied by them giving you Saturdays off, if you work from Mon-Fri.  If there is any dispute, they can show their working hours and that shows you're getting this 'paid leave'.  Crap as it is. 

Part (2) is the same kind of thing.  You already get Sunday off as 'paid leave', so if they give you a Saturday each month, then that's legal, even if you work the other three/four Saturdays.

Part (3) sums that up.

Quote
In a special case like lunar new year or Chu Seok holiday, one of the Saturdays or a national holiday in the month which includes a Korean traditional holiday can be exchanged with a weekday off to secure the convenience of the students and their parents. And the Employee may be asked to work on a weekend or on a national holiday.

See, this is a bit tight as they'll swap a 'paid day' off with a day off in the week.  As you're salaried to work every day, it's all legal.  Cutting close to the wire, but still okay.  This is why I say that you have to remember that the Labour Law covers everyone in Korea.  I have a Korean friend who works for an insurance company and in his first few years, he only had '3 paid vacation days' in his contract, where you've got '10 paid vacation days'.  He worked at least 2 Saturdays a month, but he was allowed national holidays off and Sundays.  From next year, it'll be more interesting as the majority of those holidays will become mandatory days off.  But like I said, if they then give my friend all Saturdays off other non-mandatory national holidays, then they're still basically in line with Korean Labour Law. 


  • NorthStar
  • Expert Waygook

    • 736

    • July 05, 2017, 10:54:06 am
    • Mouseville
Re: Let's Look At This Contract
« Reply #2 on: October 28, 2019, 08:42:23 am »
ANOTHER reason why so many prefer Japan over garlic land.


  • oglop
  • The Legend

    • 2489

    • August 25, 2011, 07:24:54 pm
    • Seoul
Re: Let's Look At This Contract
« Reply #3 on: October 28, 2019, 09:08:35 am »
ANOTHER reason why so many prefer Japan over garlic land.
man, the subway was busy today, and i had to stand behind this guy who absolutely REEKED of garlic. i mean, how much garlic do you have to eat for garlic stench to literally ooze out of your skin?


  • m.corless
  • Super Waygook

    • 260

    • August 30, 2011, 02:55:14 pm
    • Toronto, ON, Canada
Re: Let's Look At This Contract
« Reply #4 on: October 29, 2019, 02:41:36 am »
The instructor's working hours will be 9 am -6:00 pm. Working hours may be slightly extended or changed depending on location or session, but the general working hours is from 2pm to 10pm for elementary campus and 3pm to 11pm for middle campus.

The Employee is required to attend events held by the Employer such as workshops, a year- end party, retreats, academic seminars, etc.

The Employer will pay 50% of the premium for the Employee’s health plan, which is provided by the Employer and is administered through the Employer. Participation in a health plan is mandatory under Korean Law. The Employee will be responsible for remaining 50 percent of the costs.

The explanation of the hours is contradictory. Maybe nothing, but still it should be more clear.

Are those special events paid? Are they on weekends? How many will there be? Year-end party, okay, but "seminars", "retreats", and "workshops" could get time-consuming.

100% you don't want medical insurance 'provided by the Employer and administered through the Employer'. You want enrollment in the National Health Insurance Service.