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  • level99
  • Newgookin

    • 2

    • December 28, 2021, 07:06:27 pm
    • England
    more
Help with contract review
« on: December 28, 2021, 07:30:47 pm »
Hi, I'm a first time teacher and needed some help with reviewing a contract please. It seems fairly straight forward to me and I've had some concerns addressed, but a second pair of eyes would be very much appreciated!

I. TERM OF CONTRACT
This contract will be valid for a period of 1 year, beginning ___ and ending ___

II. EMPLOYEE REQUIREMENTS
1. The Employee will act in an appropriately professional manner and be responsible for conducting professional English Language classes.

2. The Employee will be required to work for regularly scheduled hours from 1:00PM to 10:00PM,Monday to Friday.
The Employee will be required to go through an orientation and training program before beginning teaching. The Employee will also be required attend staff meetings and workshops, which may not be held during working hours, but will not be considered as working overtime.

3. During the contracted term the employee shall be required to cooperate well and closely with the Academic Supervisor. According to the Institute class schedule, the Employee’s teaching hours will be adjusted within the 1PM-10PM working hours.

4. The teacher's work shall consist primarily of the following:
4.1 To prepare teaching materials and develop English teaching methods.
4.2 In order to maintain the quality of lessons, preparation time is required from the Employee.
4.3 Employee will make a term plan (before the start of each term), and will submit to the plan to the campus management team one week before the new term starts or by the designated due date. This plan does not need to be prepared before the employee arrives in Korea.
4.4 The Employee will prepare tests, and mark/grade them for the student’s transcript. The Employee will also submit the results to the campus management team.
4.5 The Employee will prepare teaching materials for each class beforehand and will be honest and diligent in teaching students in all classes. The Employer agrees to provide all curricula, textbooks, and other teaching materials.
4.6 The Employee will behave in a professional manner during class, and when socializing with students outside of class. The Employee will be aware of the cultural background of the Korean students, and the students’ expectations of teachers.

5. The Employer and/or campus management is entitled to attend the teacher’s class during the term for observation. Student surveys shall be done before and after each term to ensure the quality of the teaching and meet the teaching standards. Written evaluation with counselling will be given to Employee by the Employer after the observation and student survey.

6. One of the campus staff members may take photographs of the class during a lesson without notice. The photographs will be the Employer’s property.

7. If it is determined that the quality of instruction is below the standard required for the efficient delivery of student learning, the Employer reserves the right to issue an official Warning Letter to the Employee. Upon receipt of the official Letter, should the Employee fail to rectify and improve
the quality of instruction, the Employer reserves the right to terminate the contract without further cause.

8. If an employee does not fulfil his/her teaching quota of thirty (30) hours per week, the Employer may ask the Employee to teach classes in other subject areas, outside of English language instruction, for the remaining teaching hours.
I will not be required to each other subject areas, they only ask we are creative when teaching.

9. The Employee may ask to be involved in other educational duties relevant to English education as requested by Employer.

10. The copyright of all the contents taught in the school is in <school name> and cannot be used outside of the school for any reasons.

III. SERVICES PROVIDED BY THE EMPLOYER

1. PAYMENT
1.1 The Employer will pay a monthly salary of 2.1 million won for regularly scheduled hours per month.
1.2 If the Employee has not worked the regularly scheduled hours due to tardiness, or absence, the monthly salary will be calculated using a daily rate or an hourly rate. Daily rate calculation: Monthly salary divided by workable days of the month multiplied by the actual worked days. Hourly rate calculation: Daily rate divided by 8.
1.3 The Employer may ask the Employee to teach over-time, but the Employee has the option to refuse and will not be forced to teach overtime. If the Employee chooses to teach overtime, the Employer will pay for the overtime at the rate of 50,000 won a day. The rate works out to 8 hours a day.
1.4 The Employer will pay a monthly salary on the 10th of next month. The first salary shall be paid according to the workdays the Employee worked.
1.5 If the Employee should be absent from work without a prior approval, his or her salary for that month shall be deducted by the amount calculated on a pro rata daily basis for the number of unauthorized absent days. If the Employee is sick, their salary will not be deducted. A doctor’s note proving the sickness of the Employee will be required.

2. ACCOMMODATION
2.1 The Employer will provide the Employee a single apartment in a safe environment, with a washing machine, Air Conditioner, and bed. The Employee needs to pay his/her utilities/maintenance and phone bills. If the last utility bill is not paid by the Employee before they leave Korea, the cost of the bill will be deducted from the Employee’s last salary. The rent fee is provided by the Employer.
2.2 The Employee will be responsible for managing the upkeep of the apartment and the appliances / furniture provided by Employer. If the house is damaged compared to the state of the house when it was provided, the Employee will compensate the damages.
2.2 If the Employee wants to get money not employer’s apartment, Employer gives the Employee 500,000 won every month without rent deposit.

3. AIRFARE (standard economy ticket)
3.1 A one-way ticket (standard economy ticket) from the Employee’s home city to Korea will be reimbursed upon the Employee’s arrival in Korea. If the Employee wishes to renew his/her contract, the Employer will not provide airfare in between contracts. Only one-way airfare to the Employee’s home upon completion of the 2nd year.
3.2 If the Employee has to visit Japan to renew his/her visa after entry to Korea, round-trip airfare and accommodation will be paid by the Employer. The Employer has the right to deduct the expenses from the Employee’s last salary if the Employee terminates the contract before the full completion of the contract period.

4. HEALTH PLAN
As mandated by Korean Law, the Employer will pay 50% of the premium for the Employee’s health plan, which is provided by the Employer and are administered through the Employer. The Employee will be responsible for the other 50%.

5. SEVERANCE PAY
The Employer will pay severance to the Employee after the completion the contract.

6. VACATION
6.1 Two days of summer vacation and No Class Days will be given to the Employee according to a yearly schedule provided by the Employer.
10 no class days, these have been scheduled by the employer and I have been given the dates. Question - should public holidays be included in the contract?

7. TAXES
As per Korean Law, income tax (~3.3%), resident tax, Pension (~4.5%), Health and Employment Insurance (~1.5%) will be deducted at the Korean National rate from the Employee’s salary. All percentages are determined by the Korean government.

IV. RENEWAL & TERMINATION OF CONTRACT
1. RENEWAL
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. Employees who would like to work a second year can renegotiate their contract to reflect their experience and to benefit the school.

3. TERMINATION OF CONTRACT
2.1 Both parties will give at least a written 30-day notice prior to the termination date of the contract.

2.2 The Employer retains the right to terminate the contract immediately if:
a. The Employee is unable to discharge the responsibilities or meet the conditions such as being late for class on a continuous basis, continuous failure to keep be on time (3 or more times in one month) or class hours and repeated absences from classes without a valid reason (2 or more absences a month).
b. The Employee teaches English anywhere else besides the school.
c. The Employee uses illegal drugs or is intoxicated during work hours.
d. The Employee participates in any type of criminal activity of corruption of public
morals which violates the laws of the Republic of South Korea.
e. The contract is terminated within the period of the probation, which is the first month of the contract, without any reason by the Employee.

2.3 If, for any reason, the contract is terminated before the full completion of the contract period:
a. The Employee will not qualify for benefits such as severance pay and reimbursement of airfare.
b. The Employee will be wholly responsible for any utilities/maintenance and phone bills remaining for the duration of their housing lease.
c. The airfare fee will be charged to the Employee if the contract is terminated within the probation period.
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.

V. VENUE FOR DISPUTES BETWEEN EMPLOYER AND EMPLOYEE
1. The appropriate laws of the Republic of Korea will govern this contract. However, while both parties enter into this agreement 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.

VI. FULL KNOWLEDGE
1. GOOD FAITH
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 fulfil all the responsibilities and meet all the conditions as described in the above agreement.

2. CHANGES TO CONTRACT
The Employer and the Employee agree that they have read the entirety of this Employment Contract 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, 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.

3. TRANSFERAL OF CONTRACT
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.

4. LANGUAGE OF CONTRACT
The language of this contract is written in English. For convenience of the employer this contract may be translated into Korean upon request and prior to the signing of this document. In event of a dispute, the English version of this contract will prevail.


  • 745sticky
  • The Legend

    • 2031

    • March 26, 2020, 01:52:57 pm
    • Korea
Re: Help with contract review
« Reply #1 on: January 11, 2022, 07:51:30 am »
at a glance

The Employee will also be required attend staff meetings and workshops, which may not be held during working hours, but will not be considered as working overtime.

i'd pass based on this alone tbh


8. If an employee does not fulfil his/her teaching quota of thirty (30) hours per week, the Employer may ask the Employee to teach classes in other subject areas, outside of English language instruction, for the remaining teaching hours.
I will not be required to each other subject areas, they only ask we are creative when teaching.

oh, is that what they told you? have them put that in the contract them.


1. PAYMENT
1.1 The Employer will pay a monthly salary of 2.1 million won for regularly scheduled hours per month.

2.1? hell no, demand more.



6.1 Two days of summer vacation and No Class Days will be given to the Employee according to a yearly schedule provided by the Employer.
10 no class days, these have been scheduled by the employer and I have been given the dates. Question - should public holidays be included in the contract?

yes, they should be.

there's probably more there, that's the stuff that really stood out to me though. this contract sucks and i'd hard pass on it
« Last Edit: January 11, 2022, 11:45:16 am by 745sticky »


  • Kayos
  • The Legend

    • 2365

    • March 31, 2016, 07:13:57 pm
    • NZ
Re: Help with contract review
« Reply #2 on: January 11, 2022, 08:28:37 am »
On top of that, it sounds like your renewal will be based on how much students like you.
If they don't like studying English, and you try to make them study, they can just say they don't like you, and there goes odds of renewal.
overtime of 50k won per day is low, but depends on how much extra you are doing. If you only do 1 hour of overtime, it'll be worth it, but if you are expected to do 3+ hours, then it's already below was is a standard rate.

Only washing machine, AC, and bed. How do they expect you to cook meals - you should try get a bigger list, typically a table, chair, tv, some kind of cooking thing are listed in contracts too.
1 way ticket should be 1.3mil KRW
2 days vacation is insanely low, even by the exceptionally terrible hagwon standards.