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Contract Review (total newbie)
« on: January 10, 2020, 02:38:30 am »
Hello ,

This would be my first job in Seoul . I could not get into EPIK so I opted for a Hagwon in Seoul.

Can anyone give me some insight for this contract ? Any insight will be appreciated !


1.   Employment.  The Company shall employ the Employee as a Teacher and the Employee shall serve in that capacity, on the terms and conditions in this Agreement.

2.   Term.  The Employee’s employment under this Agreement shall be for a fixed term of twelve (12) months commencing on ____________and terminating automatically on __________ or such earlier date if terminated in accordance with the provisions hereof.

3.   Description of Duties:  The Employee shall perform the duties associated with the position of teacher for the Company. The Employee’s general duties shall include, but shall not be limited to the following and such other duties as may be assigned to the employee from time to time by the Company:
i.   Perform the standard 28 hours of in-class teaching, and a minimum of 12 hours of teaching related work per week, five days per week including Saturdays, with hours and work site to be determined by the Director at his/her sole discretion. For the purposes of this agreement, teaching hours do not include any break time between classes. Meal breaks are not considered working hours.
ii.   Perform level testing during designated times every month. (part of the 12 hours of teaching related work). Level testing hours may fall outside of normal working hours. In this case, no extra compensation will be paid and level testing hours will still be considered as part of normal teaching related work.
iii.   If the teaching schedule consists of less than 28 hours per week, the teacher will still be paid the full monthly amount.
iv.   Teaching hours exceeding the 28 hours per week will be paid an over time rate of 25,000 won per hour. 
v.   Be aware of and follow Company guidelines for the implementation and execution of English language instruction in a school and classroom environment, including, without limitation:
i)   Lesson preparation and record keeping;
ii)   Preparation of student progress reports and evaluations;
iii)   Correcting and grading student work;
iv)   Attendance at staff meetings;
v)   Participation in teacher training workshops;
vi)   Teaching material preparation and maintenance
vii)   Other professional duties as may be assigned by the Director or supervisor.
vi.   Be aware of and follow all Company administrative practices and procedures as are from time to time made known to the Employee.

4.   Standards of Performance:  The Employee shall conduct himself at all times in a professional, competent and respectful manner while in class, on campus and while living in Korea. This standard shall include, but shall not be limited to the following:

i.   The execution of all duties in a complete and comprehensive manner in accordance with standard educational institution methods and practices.
ii.   At all times adopt proper and culturally acceptable attire in front of students, at school. A copy of the school’s dress code will be provided to all incoming teachers, and must be followed at all times. Teachers who wear inappropriate clothing to work will be sent home to change.
iii.   Refrain from using abusive or profane language, or from referring to any subject considered culturally sensitive, or in front of, students or parents and in public.
iv.   Treat all members of Company staff with respect.
v.   Strictly observe and comply with all local laws, ordinances, customs, traditions and culturally accepted practices.
vi.   Comply with all Company policies, procedures and directions. The Employee shall be evaluated monthly by either the Director or the Academic Supervisor who shall provide a written or oral evaluation to the Employee during the term of the Agreement. The class observations shall be formal or informal upon situation. 

5.   Performance Review:  The employee’s overall performance will be reviewed by the Company on a regular basis and incentive payment may be provided if the employee’s performance meets the criteria set by the Company.

6.   Compensation and Benefits.  During the term of this Agreement, the Employee shall receive the following compensation and benefits:

i.   Base Salary:  The Employee shall receive a base salary of _____________ won per month. Payment shall be made on a monthly basis, from which any taxes and other fees required to be withheld under Korean laws and regulations will be deducted by the Company.
ii.   Severance Payment:  Upon successful completion of the Agreement, a bonus pay, which is the equivalent of one month’s salary per year worked, less taxes, shall be paid out on the day the Agreement ends. If the Employee’s employment is terminated prior to ____________ for any reason, whether voluntarily or involuntarily, or if the employee resigns prior to ________________ for any reason or otherwise fails to complete the assignment hereunder, the Employee shall receive no Agreement Completion Severance payment whatsoever.
iii.   Re-sign Bonus: The Employee shall be paid a bonus of 1,000,000 won (500,000 during the first month and 500,000 during the sixth month) in any subsequent Agreement if the Employer chooses to extend the Agreement for an additional year.
iv.   Compensation under this Agreement shall commence upon the Employee’s beginning to provide services to the Employer in Korea under this Agreement irrespective of any other date or time referred to in this Agreement.
v.   Orientation and Training: Employees will be required to undertake training and orientation upon their arrival in Seoul. The duration of this instruction will usually be between 3 to 7 days. Employees will receive a payment of 50,000 won for each full day of training/orientation.
vi.   Airfare:  The company shall provide a one-way, economy class air ticket from the Employee’s closest Canadian city to Seoul, South Korea for the employee contingent upon receipt of all necessary documents, signing of the Agreement, and successful acquisition of the E-2 visa. The company shall provide a one-way, economy class air ticket for the Employee’s return to his/her closest Canadian city, upon completion of the term of the Agreement. In the event that the Employee continues employment under a subsequent Employment Agreement with the Employer, the return air ticket will be provided at the time of completion of the subsequent Agreement period(s). The company is under no obligation to provide any further air tickets, regardless of the duration or quantity of subsequent Agreements. Alternatively, the Employee may be paid a cash amount of 800,000 won, in lieu of an air ticket, less applicable deductions and withholdings required by law.
vii.   Vacation:  The Company agrees to provide the Employee paid vacation of 5-days in summer and 5-days in winter. The actual vacation dates will be depending on the Company’s operation schedule.
viii.   Housing:  The Employee shall be provided with a partly furnished studio-type apartment to be used by the Employee alone. The Company will withhold 200,000 won as a security deposit during each of the first two months of the Agreement, and return it upon completion of the Agreement, after deducting the fees for any damage to the apartment or furniture or unpaid utilities. The company will provide housing accommodation and the Employee shall be responsible for maintenance fees, utilities and any other expenses incurring while he/she occupies the housing. The employee will be entitled to company providing housing limited to the period of his/her presence in workplace for duties described in section 3 of this agreement.
ix.   Sick Leaves:  The Employee will be provided with a maximum of 3 paid sick days during the term of this Agreement. To qualify for the paid sick-days, the Employee must submit satisfactory documentation from a qualified physician to the Director confirming that the Employee was ill and unable to perform his/her duties under this Agreement on the day or days in question. 
x.   Attendance Bonus: Under the terms of this agreement, the employer will pay the employee an attendance bonus according to the following schedule:
i.   300,000 won bonus for perfect attendance
ii.   200,000 won bonus for missing 1 day of work (medical or non-medical reasons)
iii.   100,000 won bonus for missing 2 days of work (medical or non-medical reasons)
iv.   No bonus will be awarded if the employee misses 3 or more days of work
xi.   Working Visa:  The Company shall provide the Employee with an E-2 visa, which is required for residency and employment in Korea during the term of this Agreement. The Company shall reimburse the Employee the cost of express courier fee incurred to send E-2 visa application documents to the Company, upon the Employee’s submission of the evidential receipts to the Company that complies with the Company’s accounting regulation. The use of express courier should be agreed by the Company beforehand.

7.   Rights Upon Termination
i.   The Company may terminate the Employee’s employment under this Agreement summarily, at any time, for just cause at law. In the event that the Employee’s employment is terminated for just cause, the Employee shall be entitled to no further compensation, benefits, expenses and costs, or severance pay of any kind under this Agreement, any statute or at common law. For the purpose of this Agreement, “for just cause” includes, but is not limited to, the failure of the Employee to fulfill Employee’s duties to the Company satisfaction, Employee’s failure to comply with local laws and ordinances, Employee’s failure to follow the Company’s policies and procedures and/or directions from administration, or if Employee’s conduct or behavior adversely affects the image of the Company or places the Company in danger of incurring of any financial losses, the Company has the right to terminate the Agreement immediately with no benefits owing to the Employee.
ii.   The Employee will be given a written admonishment by the Company for unsatisfactory work or performance or unprofessional conduct. If any economic losses result from his/her unfair conduct (for example, absence without notice) the Employee shall be charged the amount of such losses from his/her salary.
iii.   If the Employee fails to make necessary corrections or changes within 7 days of the admonishment, or if her/his conduct or performance of the duties described in this Agreement are repeatedly unsatisfactory, then he/she will be given a notice of dismissal. The salary for the month in which the final notice was given will be calculated retroactively based on the hours worked for the said month.
iv.   In accepting this as a term of employment, the Employee acknowledges that this Agreement and his/her employment is for a fixed term and that he/she has been given notice of its expiry, effective as of the date of this Agreement.
v.   If the Employee elects to terminate this Agreement at any time, in all circumstances he/she shall provide two (2) months notice in writing of such intention to the Company. This is so that Company can find a proper replacement for the Employee as to not cancel any classes. Should the Employee fail to provide the Company with at least two (2) months notice, the Employee will be held liable for any monetary damage caused as a result of his/her departure.
vi.   Upon the expiration of this Agreement, the Employee shall not be entitled to the payments set out in paragraph (vi) herein, or to any payment on account of severance, whether statutory or otherwise.
vii.   Should the Employee terminate employment with the Company in less than 6 months, the Employee will reimburse the Company the whole cost of flight tickets provided by the Company. Should the Employee terminate employment with the Company at a certain time after 6 months but before 12 months, and has had round trip airfare provided, the Employee will reimburse the Company for the half of the round trip airfare.
viii.   Should the Employee terminate the Agreement with the Company before the end date, he/she will reimburse the Company the cost incurred in obtaining the working visa.

8.   Falsification of Documentation:  Any falsification, misrepresentation or concealment of documents, records or facts considered being relevant to Employee’s selection or subsequent employment will be just cause and grounds for immediate dismissal.

9.   Confidentiality:
i.   As used in the Agreement, “Confidential Information” shall mean all information, and all documents and other tangible things which record it, relating to or used in the business of the Company, whether or not a “trade secret” within the meaning of applicable law, which at the time or times concerned is not generally known to competitors and which has been or is disclosed to or developed by the Employee as a result of employment with the Company.
ii.   Confidential Information includes, but is not limited to, the following types of information about the Company: (i) product development and marketing programs and strategies; (ii) manufacturing processes and technology; (iii) unpublished drawing, manuals, know-how and research in progress; (iv) finances, commission systems and pricing programs; (v) the identity, needs, purchase and payment patterns of, and special credit terms, pricing and special relations with, customers; (vi) the identity, net prices and credit terms of, and special relations with, suppliers; (vii) proprietary software and business records; (viii) any other information or documents which the Employee is told or reasonably ought to have known that the Company regards as confidential and (ix) any information contained in this Agreement to a third party.

10.   Return of Documents.  At termination of employment, or earlier if requested, the Employee (or if deceased, his personal representative) shall promptly surrender to the Company, without retaining copies, all tangible things which are or contain Confidential Information and/or belonging to the Company.

11.   Entire Agreement.  This Agreement is the entire agreement between the parties on its subject matters, and supersedes all prior and contemporaneous discussions and understandings. No waiver, modification or termination of this Agreement shall be effective unless in writing and signed by all parties.

12.   Applicable Law and Attornment.  This agreement shall be governed by and construed in accordance with the laws of Korea. Each party hereto irrevocably consents and agrees that any legal action, suit or proceeding against it with respect to its obligations, liabilities or any other matter arising out of or in connection with this Agreement may be brought to the Seoul District Court.

13.   Understanding.  The Employee has had ample opportunity to review this agreement with legal counsel. If the Employee did not do so, it is because he/she understood this agreement, and did not feel that he/she needed legal advice. The Employee acknowledges that the restrictions in this agreement are fair and reasonable under the circumstances and the Employee is executing this agreement freely, voluntarily and without duress.


Thank you very much :)
« Last Edit: January 12, 2020, 03:38:49 am by Montreal24 »


Re: Contract Review
« Reply #1 on: January 10, 2020, 11:33:19 am »
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i.   Perform the standard 28 hours of in-class teaching, and a minimum of 12 hours of teaching related work per week, five days per week including Saturdays, with hours and work site to be determined by the Director at his/her sole discretion. For the purposes of this agreement, teaching hours do not include any break time between classes. Meal breaks are not considered working hours.

28 FULL hours a week.  To compare with an elementary public school teacher who will teach a maximum of 22 hours but that will be 40-minute classes which is 880 minutes teaching in total.  This contract will have you teaching 28 hours which will be 60-minute classes which works out at 1680 minutes of teaching a week.  Slightly less than double.    6 days a week?  Keep in mind that by Labour Law, your one paid day off will be Sunday so your salary is calculated on every day of the month.

Also, be careful when it mentions the worksite being determined by the director.  You don't want to be getting in trouble with immigration for working at a site that isn't covered by your visa.

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The Employee shall be evaluated monthly by either the Director or the Academic Supervisor

If you're a good teacher, it's fine.  If you're not, then these will be troublesome.

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Performance Review:  The employee’s overall performance will be reviewed by the Company on a regular basis and incentive payment may be provided if the employee’s performance meets the criteria set by the Company

First time I've seen such a clause.  If you work a lot they may give you extra money.  Could be good.  At least it doesn't mention a pay cut for working badly.

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ii.   Severance Payment:  Upon successful completion of the Agreement, a bonus pay, which is the equivalent of one month’s salary per year worked, less taxes, shall be paid out on the day the Agreement ends. If the Employee’s employment is terminated prior to ____________ for any reason, whether voluntarily or involuntarily, or if the employee resigns prior to ________________ for any reason or otherwise fails to complete the assignment hereunder, the Employee shall receive no Agreement Completion Severance payment whatsoever.

For reference purposes, this is only in your first year.  If you finish a one-year contract and then renew, but quit into your new contract then you will be paid severance for however many months you work into the new contract.

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Re-sign Bonus: The Employee shall be paid a bonus of 1,000,000 won (500,000 during the first month and 500,000 during the sixth month) in any subsequent Agreement if the Employer chooses to extend the Agreement for an additional year.

Crikey, a decent incentive.

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v.   Orientation and Training: Employees will be required to undertake training and orientation upon their arrival in Seoul. The duration of this instruction will usually be between 3 to 7 days. Employees will receive a payment of 50,000 won for each full day of training/orientation.

Some places are unpaid for training.  Like I said your daily salary on a 2.1 million over a 30 day month would be about 70 000 won a day, so them giving you 50 000 won, isn't so bad.

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vi.   Airfare:  The company shall provide a one-way, economy class air ticket from the Employee’s closest Canadian city to Seoul, South Korea for the employee contingent upon receipt of all necessary documents, signing of the Agreement, and successful acquisition of the E-2 visa. The company shall provide a one-way, economy class air ticket for the Employee’s return to his/her closest Canadian city, upon completion of the term of the Agreement. In the event that the Employee continues employment under a subsequent Employment Agreement with the Employer, the return air ticket will be provided at the time of completion of the subsequent Agreement period(s). The company is under no obligation to provide any further air tickets, regardless of the duration or quantity of subsequent Agreements. Alternatively, the Employee may be paid a cash amount of 800,000 won, in lieu of an air ticket, less applicable deductions and withholdings required by law.

Crikey, a return flight. 

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viii.   Housing:  The Employee shall be provided with a partly furnished studio-type apartment to be used by the Employee alone. The Company will withhold 200,000 won as a security deposit during each of the first two months of the Agreement, and return it upon completion of the Agreement, after deducting the fees for any damage to the apartment or furniture or unpaid utilities. The company will provide housing accommodation and the Employee shall be responsible for maintenance fees, utilities and any other expenses incurring while he/she occupies the housing. The employee will be entitled to company providing housing limited to the period of his/her presence in workplace for duties described in section 3 of this agreement.

A list of stuff would be nice.  Also, hagwon security deposits are not so good, they are designed more to stop you from doing a runner.  But this one is only 400 000 won as opposed to the usual 600 000 won.

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ix.   Sick Leaves:  The Employee will be provided with a maximum of 3 paid sick days during the term of this Agreement. To qualify for the paid sick-days, the Employee must submit satisfactory documentation from a qualified physician to the Director confirming that the Employee was ill and unable to perform his/her duties under this Agreement on the day or days in question.

Crikey, three paid sick days.  Rare for a hagwon.

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x.   Attendance Bonus: Under the terms of this agreement, the employer will pay the employee an attendance bonus according to the following schedule:
i.   300,000 won bonus for perfect attendance
ii.   200,000 won bonus for missing 1 day of work (medical or non-medical reasons)
iii.   100,000 won bonus for missing 2 days of work (medical or non-medical reasons)
iv.   No bonus will be awarded if the employee misses 3 or more days of work

Crikey, another incentive.

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ii.   The Employee will be given a written admonishment by the Company for unsatisfactory work or performance or unprofessional conduct. If any economic losses result from his/her unfair conduct (for example, absence without notice) the Employee shall be charged the amount of such losses from his/her salary.

As long as the punishment fits the crime then this clause is okay.  If not, then illegal.

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v.   If the Employee elects to terminate this Agreement at any time, in all circumstances he/she shall provide two (2) months notice in writing of such intention to the Company. This is so that Company can find a proper replacement for the Employee as to not cancel any classes. Should the Employee fail to provide the Company with at least two (2) months notice, the Employee will be held liable for any monetary damage caused as a result of his/her departure.

By Labour Law you don't need to give them any notice, just if you're being nice.  You are not liable for monetary damage.  It's best just to do a runner.

I was reading this and was thinking 'this isn't so bad', it seems to have a lot of incentives, the workload is a bit much though and then I realised there is no health insurance, no pension or no mention of tax, so I'd give it a pass.  Why don't they have any of those things?  The language of the contract is fairly good and tight, so not your usual crappy hagwon language.  But missing health, pension and tax is big no-no. 

This is my kind of gripe with those on here who say about 2.1 being a crap salary for starters.  I would disagree with that, if the starting salary is 2.1, but it also includes health insurance, pension, holidays etc then I'd see that as okay as a starter.  But accepting 2.1 million but minus those benefits is not worth it.  You have to be careful to avoid these easily seen pitfalls before flying halfway around the world.