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  • beorujin
  • Newgookin

    • 1

    • December 15, 2020, 02:26:32 pm
    • Seoul
Contract Review Help
« on: December 15, 2020, 02:59:05 pm »
Was offered a position at a school in Yongin, I'm new to teaching in Korea and could use some help since I don't have any points of comparison, besides other contracts where I've noticed more obvious issues. This one seems good but I'm not completely sure, only iffy thing I noticed right away is the vacation days. Any help or advice appreciated.

Article 1.        Job Description

The duties of the "employee" will be as follows:
a. Planning and implementing of lesson plans and classroom activities
b. Development of educational programs and materials
c. Grading and evaluating of students
d. Attendance at teacher's meetings and workshops
e. Other activities directly related to teaching including picnics, field trips and role play

Article 2.        Place of Employment

The "employee" will not be expected to work outside the place of employment except with a) written approval from a Korean Immigration Official and b) the approval of the "employer" of company.

Article 4.        Regular Hours of Employment
Regular working hour will be from 10:00 am to 6:30 pm.  The "employee" will work from Monday to Friday (excluding Saturdays and Sundays) for a total of 120 net teaching hours per four weeks (20 working days).

Article 5.        Overtime Hours of Employment

In addition to the aforesaid thirty hours of teaching hours each week, the Academic Supervisor/Director will have the authority to require Employee to perform any teaching in excess of thirty hours per week (hereinafter called "overtime").  Only teaching hours in excess of thirty hours per week and only those approved by the Academic Supervisor / Director are considered as overtime. Overtime Classes will be paid at a rate of 20,000 won per hour.

Article 6.        Salary

A monthly base salary of   2.1million Korean Won will be paid for 120 net teaching hours. The salary will be paid to the "employee" every month without delay.
In the event the "employer" is unable to provide the "employee" with the regular 120 teaching hours per month, the "employee" will still be paid a base salary 2.1 million Korean Won  per month.

Article 7.        Income Tax

Income tax will be deducted from the base salary in accordance with Korean Tax laws.

Article 8.        National Pension and Health Insurance

The "employer" will provide adequate Health Insurance and National Pension for the "employee" during the duration of this contract. The "employer" and "employee" will cover 100% of the cost of Health insurance and National Pension.


Article 9.        Housing

The "employer" will provide furnished living accommodations for the "employee." The accommodations may be two-room studio. Furnishings provided by the "employer” are as follows: a bed, kitchen utensils, (a burner gas hotplate), hot water for bathing, a washing machine, a refrigerator, and A/C. The "employee" should pay cost of monthly utilities. Employer will ensure that the studio is clean. In return for a furnished apartment, the "employee" agrees to respect and care for the apartment, with the exception of normal repairs. Any outstanding bill belonging to the "employee" will be the sole responsibility of the "employee."

Article 10.       Round Trip Airfare

The “employee” who has signed the contract will be provided airfare for entry into Korea.
And, the employee will get a return airfare ticket after full completion of the contract.

Article 11.       Holidays

The "employee" will be paid for all Korean national holidays and not be expected to work during these days.

Article 12.       Vacation Pay

The "employee" will receive 9 days paid vacation days per year. Days in which the "employee" does not regularly work (i.e. Saturday and Sunday) are not to be considered as part of the vacation period. Vacations must be scheduled with and approved by the Academic Supervisor/Director at least one month in advance. The vacation days will manifest according to the schedule of company.

Article 13.       Rights and Responsibilities

Both the "employer" and the "employee" are to be considered professionals and as such will treat each other with mutual respect and dignity. However, since the "employee" is working under contract for the "employer,” the "employee" will make every reasonable effort to follow the direction, training and supervision of the "employer." The "employee" will also carry out the teaching assignments given by the "employer" in a professional manner. The "employer" is responsible for establishing standards of performance relative to the "employee,” and is empowered to take all reasonable steps necessary to assure that those standards are met.

Article 14.       Dismissal

A. The "employer" will have the right at its sole discretion to dismiss immediately 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. Continuous failure to keep regularly scheduled class hours.
e. Repeated absences from classes without a valid reason.
f. Clear and frequent neglect of duties under this Contract.
g. Criminal and other conduct inside or outside the place of employment that would, in the opinion of the "employer", seriously jeopardize any student or staff person, or the reputation of Employer.
h. Undertaking any teaching duties or employment with any persons or organizations other than company without prior written approval from the "employer".

B. The "employee" shall be received a verbal or written notice from the "employer" under the following conditions.  Beginning from the day of warning, the "employee" will be given twenty working days in which the "employee" must make every effort to rectify problems. Failure to correct problems within the given days will be the cause for immediate dismissal.

a. Unprofessional behaviors and demeanor
b. Using improper language during class
c. Using corporal punishment including pinching, hitting, and severe yelling
d. Frequent unprepared and unsatisfactory lesson plans
e. Frequent misplacing and losing materials

Article 15.       Termination of Contract

With the exception of Article 14 of this Contract and under the following circumstances, both the "employer" and the "employee" have the right to make the contract null and void by giving a minimum of two-month advance notice in writing. In the event that the "employee" seeks release from this Contract, the "employer" must issue a letter of release to the "employee" upon request, without delay or being charged to the "employee" or potential employers.  Under no circumstances shall the "employer" refuse the "employee" a letter of release or hinder the "employee" from securing future employment in the Republic of Korea.

Article 16.       Transfer of Contract

Under no circumstances can the "employer" exchange, give, sell, or transfer this contract of the services of the "employee" to another party or Institute without the written consent of the "employee".

Article 17.       Changes to Contract

There will be no changes or additions to this contract without the written consent and approval of both 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, whether verbal or other, without the knowledge and written consent of both parties are to be considered invalid, and as such are not part of this contract.

Article 18.       Release from Contract

With the exception of Article 15 (Termination of Contract), both the "employer" and the "employee" are released from this contract in the case of:
a. Death, war, accident, or unforeseen events
b. Failure to obtain an E2 visa from Korean Immigration
c. Failure to meet any or all of the terms and conditions of this contract

Article 19.       Indemnification

a. The "employer" is not responsible for any damages caused by the "employee" through the misconduct or negligence of her/his duties. For any damages the "employee" will indemnify them.
b. The "employer" is not responsible for any deficits or problems derived from the refusal by the government of Korea to permit entry to the country.

Article 20.       Governing Law and Jurisdiction

This Contract will interpret according to the 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, the Contract.

Both the "employer" and the "employee" have read and understood all the terms and conditions of this Contract and do hereby enter into this contract which will be binding upon all by all parties concerned and do so by mutual agreement.



Re: Contract Review Help
« Reply #1 on: December 23, 2020, 11:22:06 am »
There are a few issues with your contract.
There is the sub on Reddit
https://reddit.com/r/Korean_Law/

It has a TON of Korean Labor Law articles and information and this link is all about how to review a contract

https://www.reddit.com/r/Korean_Law/comments/fguie1/korean_employment_contract_reviews/

Good luck