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Hagwon Contact advice! Newbie!
« on: January 08, 2021, 04:08:07 pm »

Hello, I'm still learning what to look for in a contract and what to avoid, and I would love some feedback!


1. Employment, Visa, Documents
a. The Institute hereby agrees to employ the Teacher as described herein below. The
Institute hereby agrees to provide the necessary documents to the Teacher to obtain
an appropriate employment visa in Korea and the Teacher hereby declares that s/he
possesses the documents required to obtain said visa and agrees to make these
documents available to the Institute upon request at any time during the contract period.
The Institute will not hold any of these documents for more than the time required to
satisfy applicable Korean laws.
b. The Institute is responsible for the costs associated with applying for the visa in Korea
as noted for the Teacher.
2. Contract Term
The term of this contract starts on March 2nd, 2021 and will terminate on February 28, 2022.
The contract may be renewed or extended with the agreement of both parties. The Teacher will
indicate his/her interest in renewing or extending the contract, in writing, at least two calendar
months before its termination. The Institute will indicate acceptance or rejection of the Teacherís
interest in renewal or extension within five business days. Both parties may then extend or renegotiate this contract as they see fit.
3. The Teacherís Teaching and Related Duties
a. The Teacher will behave professionally and will strive to uphold the good reputation of
the Institute while conducting classes, interacting with students and parents, and while
interacting with the community in general.
b. The Teacher will be required to work five days per week, Monday to Friday. Irregular
training, special events, and/or orientation sessions may require teachersí attendance
on weekends.
c. During the 3-day training period the Teacher will be paid 30,000 Korean won per day.
The basic salary will be paid from the actual teaching starting date.
d. The teacherís working hour is from 9:30 am to 6:30 pm from Monday Ė Friday. The
Teacher will teach up to 124 hours per month within the specified working hours The
daily schedule will be set by the school director.
The Teacherís Initials: _____
e. The Teacher is required to adequately prepare for all classes and devote the time
required to complete the preparatory and administrative tasks that are normally
associated with teaching the children.
These include:
i. Conducting classes as scheduled
ii. Preparing materials for classes.
iii. Planning and attending team meetings as required by ___.
iv. Student assessment and reporting.
v. Communicating with cooperating Korean teachers and/or administration as
necessary for the maximum possible benefit of students.
vi. Attendance at meetings, workshops, and special events as reasonably required
by the institute.
f. The Teacher is expected to dress appropriately when present at the Institute or when
engaged in any Institute-related activities. In addition, Teachers should be cleanshaven, or keep their beards neatly trimmed, and keep their hair neatly styled. Visible
tattoos and piercings (other than single ear piercings) may not be acceptable. The
Institute reserves the right to inform Teachers of unacceptable attire/appearance. The
Teacher hereby agrees to follow the Instituteís directives in this regard.
4. Salary
The Institute will pay the Teacher a monthly salary of 2,200,000 Korean won per month for 124
hours of teaching per session of 20 working days. (In the case where there are less than 20
working days due to extra public holidays etc., the extra days must be made up on the day
designated by the institute. This wage is provided as compensation for all services rendered,
including all class preparations, related class work, and reports. If the Teacherís scheduled
teaching hours fall below that outlined in Section 3d, the Institute may ask the Teacher to make
up the difference through administrative or curriculum development work, which may or may not
be related to the classes the Teacher is teaching. Monthly salary will be paid on the 10th of the
following month. Korean income taxes and Korean National Pension tax deductions will be
withheld.
When the Korean laws allow for online teaching by E-2 visa holders due to unique situations
like COVID-19, the Teacher is required to either teach online and/or make online videos as long
as it does not exceed the 124 hours of teaching per month.
5. Overtime
The Teacher may be required to teach up to three hours of overtime per week. Overtime will be
paid at 20,000 won per hour and paid at the time of the monthly salary. Duties outlined in Section
3e will not count towards the calculation of overtime. While holidays are paid in full, time not
actually spent teaching (including holidays) will not count towards the calculation of overtime.
6. Severance Pay
a. Upon completion of the full contract term, the Institute will pay the Teacher one full
monthís salary as severance pay, as per the Korean Labor Standard Law.
b. If the Teacher leaves the Institute before the end of the contract term, no severance will
be paid.
7. Air Transportation
a. Upon completion of full contract term, the Institute will issue the teacher a one-way
economy ticket to where the Teacher departed from.
The Teacherís Initials: _____
8. Housing
a. The Institute will provide the Teacher with single accommodation. The Institute is
responsible for paying the rent. The Teacher is responsible for paying his/her utility bills,
including electricity, water, gas, cable, Internet and telephone. If the building charges a
security or maintenance fee, this is also the Teacherís responsibility.
b. The Institute reserves the right to withhold up to 600,000 won from the Teacherís first
three monthsí pay (200,000KRW per month) to cover utility bills that have not been
received, or remain unpaid, at the end of the contract period. In this event, the balance
remaining after all bills have been paid will be transferred to a bank account designated
by the Teacher within 45 days of the end of the contract period. Receipts for bills paid
by the Institute can be provided upon request.
9. Holidays and Vacation
a. In addition to the usual national holidays (some national holidays may be used for makeup classes as it explained in section 4), the Teacher will be given summer and winter
vacations. The summer vacation will be from July 24th, 2021 to July 31st, 2021. The
winter vacation will be from December 25th, 2021 to January 1st, 2022.
10. Emergency Leave, Sick Days, Other Absences
a. In case of using sick days, the Teacher must provide proof of a visit to a doctor in order
to be counted as a sick day. Absences due to illness in excess of three days per year
may result in deduction of pay, including those requested by the Teacher and approved
by the Institute.
b. The Teacher needs to be punctual to work. Three late arrivals or two early leaves will
count as one absence. After receiving a warning letter for being late, the amount
equivalent to 20,000 won times the actual missing working hours for the day will be
deducted from the Teacherís pay.
11. Medical Insurance, National Pension Conditions
a. The Institute will enrol the Teacher in the Korean Health Insurance Plan. Medical
Insurance & National Pension are split 50:50 by the employee and employer. The cost
of premiums will be shared by the Teacher and the Institute at the rates stipulated by
the Government of Korea. This premium will be deducted from the Teacherís salary.
Pre-existing medical conditions and dental are not covered.
b. The Teacher understands that extended periods of illness and/or serious injury that
results in an extended inability to perform the duties of employment may seriously harm
the Instituteís business and may result in termination of the Teacherís employment. In
such cases, all outstanding salary will be paid to the last day worked. The Institute
further agrees to provide reasonable assistance in dealing with local hospitals, doctors,
and the Teacherís family in such cases.
12. Termination of this Contract
a. Both parties agree to provide a minimum of 60 daysí written notice of their intention to
terminate this contract.
b. In the event that an unusual number of students or parents complain about the
Teacherís classes, or if there is a noticeable decline in enrollment that can be
reasonably attributed to the Teacherís teaching, the teacher will be formally notified of
such. Teacher will be afforded a 30-day period in which to remedy the situation. During
The Teacherís Initials: _____
this period, the Institute may require the Teacher to observe other Teachersí classes
and/or alter Teacherís teaching methods. If, at the end of this 30-day period, the
situation has not improved, the Institute may terminate the Teacherís employment. The
Institute will be the sole judge of such improvement or lack thereof.
c. The Institute reserves the right to terminate the Teacherís employment immediately, for
the Teacherís behavior as follows:
i. Repeated absences of two consecutive days without the doctorís note,
tardiness, or insufficient preparation without valid reasons.
ii. Unauthorized paid teaching or other employment for any entity or individual(s)
other than the Institute unless approved by the Institute director.
iii. Use of alcohol, or any other intoxicant on the premise.
iv. Anything that has negative impact upon the execution of the Teacherís duties,
or which has a substantially negative impact upon the reputation of the Institute.
v. Violation of any laws of Korea.
vi. Any behavior that threatens the physical safety or security of students or
Institute staff.
vii. Receive two warning letters from the institute. Any violation of section 12c and
causing negative impact on the working environment such as, not following
instructions set forth by the directors or the supervisors may result in getting
warning letters.
d. If the Teacher is dismissed for serious cause, as outlined in section 12c of this contract,
the Teacher agrees to reimburse the amount received for the plane ticket if it was
provided upon arrival and no severance will be paid.
13. Intellectual Property Rights
a. Ownership of Deliverables. Subject rights to Pre‐Existing Intellectual Property, all
Deliverables, whether complete or in progress, and all Intellectual Property Rights
related thereto shall belong to Institute, and Teacher hereby assigns such rights to
Institute. Teacher agrees that Institute will own all patents, inventorís certificates, utility
models or other rights, copyrights or trade secrets covering the Deliverables and will
have full rights to use the Deliverables without claim on the part of Teacher for additional
compensation and without challenge, opposition or interference by Teacher and
Teacherís will, and will cause each of its Personnel to, waive their respective moral
rights therein. Teacher will sign any necessary documents and will otherwise assist the
Institute in securing, maintaining and defending copyrights or other rights to protect the
Deliverables in any country.
b. No Rights to Institute Intellectual Property. Except for the limited license to use materials
provided by the Institute as may be necessary in order for the Teacher to perform
Services under this Contract, the Teacher is granted no right, title, or interest in any
Institute Intellectual Property.
14. Confidentiality
a. Confidential Information. For purposes of this Contract, "Confidential Information" shall
mean information or material proprietary to Institute or designated as confidential by
Institute, as well as information about which Teacher obtains knowledge or access,
through or as a result of this Contract (including information conceived, originated,
discovered or developed in whole or in part by Teacher hereunder). Confidential
Information does not include: a) information that is or becomes publicly known without
The Teacherís Initials: _____
restriction and without breach of this Contract or that is generally employed by the trade
at or after the time Teacher first learns of such information; b) generic information or
knowledge which Teacher would have learned in the course of similar employment or
work elsewhere in the trade; c) information Teacher lawfully receives from a third party
without restriction on disclosure and without breach of a nondisclosure obligation; or d)
information the Teacher rightfully knew prior to receiving such information from the
Institute to the extent such knowledge was not subject to restrictions on further
disclosure
b. Client Confidential Information. The following constitute Confidential Information of
Client and should not be disclosed to third parties: the Deliverables, discoveries, ideas,
concepts, software in various states of development, designs, drawings, specifications,
techniques, models, data, source code, source files and documentation, object code,
documentation, diagrams, flow charts, research, development, processes, procedures,
"know-how", marketing techniques and materials, marketing and development plans,
Client names and other information related to Clients, price lists, pricing policies and
financial information, this Contract and the existence of this Contract, and any work
assignments authorized or issued under this Contract. Teacher will not use Clientís
name, likeness, or logo (Clientís ďIdentityĒ), without Clientís prior written consent, to
include use or reference to Clientís Identity, directly or indirectly, in conjunction with any
other clients or potential clients, any client lists, advertisements, news releases or
releases to any professional or trade publications.
c. Non-Disclosure. Teacher hereby agree that during the term hereof and at all times
thereafter, and except as specifically permitted herein or in a separate writing signed
by Institute, Teacher shall not use, commercialize or disclose Confidential Information
to any person or entity. Upon termination, or at any time upon the request of the Institute,
the Teacher shall return to the Institute all Confidential Information, including all notes,
data, reference materials, sketches, drawings, memorandums, documentations and
records which in any way incorporate Confidential Information.
d. CCTV Usage. The Teacher hereby agree that the classes will be monitored with CCTV
that is installed in the classroom. The recording is for security purposes and for the
safety of the students.
15. Venue for Disputes
The applicable laws of Korea will govern this agreement. While both parties enter into this
agreement with honesty and integrity, disputes may sometimes occur. In such cases, both
parties will be bound by all the terms and conditions of this contract and will try to resolve their
differences in a manner that is fair to both parties and results in the least inconvenience to both.
In the event that no solution can be found and either party decides to terminate this contract,
each must do so in accordance with Section 12. Upon such termination of employment or
dissolution of this contract, both the Teacher and the Institute agree to behave in a respectful,
civil manner and refrain from activities that may damage the reputation of either party.
16. Good Faith
The Institute and the Teacher enter into this agreement with good faith. Each will consider the
welfare of the other in execution of his/her respective duties. The Institute will not dismiss the
Teacher without what reasonably is considered good cause, and the Teacher will do his/her
best to fulfill all the responsibilities and meet all the conditions as described in this agreement.
17. Changes to this Contract
The Teacherís Initials: _____
The Institute and the Teacher have read and understood the entirety of this Employment
Contract. No other verbal agreement, statement or promise made on or before the effective date
of this contract will be binding on either party. 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 will not be considered part of this contract. For the avoidance of doubt, this
agreement shall prevail over any other agreement the Teacher has made with the Institute or
any third party at the location where the Teacher will provide the services mentioned herein.
18. Transfer of this Contract
Under no circumstances will the Institute exchange, give, sell, or transfer this contract, or the
services of the Teacher, to another party or Institute without the written consent of the Teacher.
In the case of a change in ownership, the Institute may transfer; sell this contract with prior
written notification to the Teacher.
19. Precedence of the Laws of Korea
Should any portion of this contract be found to be incompatible with The Korean Labor
Standards Law, or any other Korean law, such portion will become invalid and the stipulations
of the appropriate law will prevail. This will in no way invalidate other, unrelated, stipulations of
the contract.
We hereby confirm that we have read and understood the terms and conditions of this contract
and agree to be bound by them.


Re: Hagwon Contact advice! Newbie!
« Reply #1 on: January 10, 2021, 07:43:42 am »
I stopped reading after 4. Salary. They expect you to make up days off including red days!?!  Tell them to fí off. Iím sure thereís more illegal bs in that contract but Iím not wasting my time to find it.