Contract Review, please

Hi all!  Below is a contract I was offered.  Would love to get some feedback. Note, this will be my *first* teaching position in Korea and I only have about 6 months volunteer teaching experience.  Plus, I'm not the typical target demographic (I'm an "old" guy).
- I know the starting pay is low, seeing if I can get it bumped up
- I know the vacation days should be 11, but it seems so many just offer the 10 now.

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EMPLOYMENT CONTRACT
This contract is made and entered on ______ of __________, 2023 by and between XXXX, Korea (hereinafter called the “Employer") and XXXX as an English Teacher (hereinafter called the "Employee".  Both parties agree as follows.

1. Employment of Employee
The Employer would like to hire the Employee as an English teacher. The employee agrees to work for the Employer as an English teacher in XXXX, Korea.

2. Period of Employment
The period of this contract is one year beginning from the date of the employee's first working day at the institute, in Korea. The employee’s official starting day will begin on July, 1st, 2023 and the last day will be June, 30th, 2024. (One full calendar year)

3. Conditions of Employment
The employee's job description shall consist primarily of the followings.
A. EFL instructor in any and all phrases of the Employer's program in classes that range from the preschool age to junior high school level.
B. Curriculum design and implementation
C. Development of educational program and materials
D. Field activities for and or with students
E. Grading and evaluation of students
F. Student counseling or evaluation
G. Attendance at teachers meetings and workshops
H. Other related activities
I. Proofreading school documents
 The Employer owns the rights to all teaching materials produced by the Employee.
Either the Employer or the Supervisor appointed by the Employer, has the right to observe all teaching and teaching material used by the Employee.

4. Work Schedule
The number of teaching hours will be 30 hours per week.  Time spent outside of class is not considered part of the 30 teaching hours.  (This includes time used to prepare for classes, break time in between classes, and work given outside of teaching time.)

5. Salary, over time, Severance Payment, and Tax
A. Salary will be (2,300,000 ) won per month. This salary will be paid on the 10th day of the following month, depending on when the teacher arrives.
B. Overtime rate is 20,000 won per an hour, for each hour that exceeds teaching hours per week.
Attendance at scheduled staff meeting, workshops, field trips, picnics, a talent show, an entrance ceremony, the graduation ceremony and any events for Kindergarten (which is mandatory-no pay) cannot be considered as overtime.
C. Employee will be given an additional equivalent of one month’s salary (basic Salary), upon completion of his/her contract period, as a severance payment (housing fee is not included)
D. The Employee and the Institute will make regular contributions evenly 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 Institute upon departure from Korea.
E. The income tax rate will be 5% in accordance with the Korean Tax Code. 
The income tax (Salary, Overtime, and Bonus) shall be deducted from the salary of the Employee each month.

6. DUTIES OF TEACHERS
The following policies have been established to assist instructors in the expected performance of their duties. The Employer will have the right to dismiss the employee for clear and frequent neglect of duties under this agreement.
A.   The Employer shall request the resignation of the Employee, if the Employee is found to be guilty of gross misconduct in the execution of his teaching duties. If this gross misconduct brings a negative effect to the classes, the Employer may break the annual contract, dismiss the Employee and shall be free from any legal responsibility. However, prior written notice is required to ensure that the Employee is given adequate opportunity to correct his/her misconduct.
B.   Professional dress and grooming in the work place are essential to maintaining the desired reputation of the institute. The Employer shall establish guidelines for professional dress.
C.   All instructors must behave in a professional manner during class and when socializing with students outside of class. Instructors should be aware of the cultural background of Korean students and their expectation of teachers.
D.   Instructors are required to attend all staff meetings or any staff meetings as requested by the Director. If an instructor must be absent, he/she must inform the Director or Assistant prior to the meeting.
E.   Instructors are required to interview new students as required and evaluate their placement level.
F.   The Employee shall not be absent unless they give the director in at least 12hours before to find someone who can teach the classes. They must also have a medical document, called “Chindanseo” in Korean that the director can accept. When the Employee is absent with enough time for the director to find a replacement teacher and the reasonable documents, the Employer may deduct 20,000 won per teaching hour for being absent up to 12 teaching hours or 2 working days off within a year. This also applies if the Employee is more than 10 minutes late for a class session without prior notification. However, if the Employee is absent for a personal reason without any official documents that the director can accept and is absent without prior notification, the Employer may deduct 40,000 won for every teaching hour for being absent or late. In addition, if the employee takes more than either 10 days off or 60 classes off within one year total, the contract between the employer and the employee will be automatically terminated. In this case of contract’s termination, the employer shall be free from any legal responsibility and the employer is not responsible for providing a return ticket to the employee and will not pay severance payment.
G.   The Employee will be sanctioned by the Director if they make sexual advances towards students or if a questionable inter-personal relationship with individual students develops upon which they would be terminated from employments.
H.   The Employee shall prepare teaching materials for each class beforehand and will be honest and diligent in teaching students in all classes. The Employer agrees to furnish all curricula, textbooks, and other materials.
I.   If many of the Employee's students complain about the classes, or if the students’ enrollment falls below the accepted average for the third consecutive month, the Employee will be required to attend teacher training or other teacher classes as requested by the director.

7. Housing
The Employer will provide rent-free housing for the Employee. The Employer shall provide furnished living accommodations, single studio apartment.  Meals are not provided. Employee pays his building maintenance fee every month that includes water, public electric, up-down drain, and refuse. Cable TV and ADSL will be optionally paid if he or she applies for them. Employee pays telephone charges, gas charges and electric charges every month according to each bill. When the employee finishes or quits his / her contract, the employee will be charged for outstanding bills that are based on his / her average charge.

8. Transportation
The Employer agrees to reimburse the Employee for an economy-class (chosen by the employer) one-way ticket to South Korea. (Will reimburse in the first paycheck) After completing the one-year contract, the teacher will be provided a return ticket to home but if Employee is not directly return to home, the Employer will pay 600,000 won in cash instead of providing return ticket. In the event that the teacher willfully leaves the school before his/her contract is over, the school will not be responsible for the return ticket.

9. Paid Holidays
The Employee may use 10days as paid vacation per year. The days of Institute-scheduled vacation are counted in these 10 days. None of these 10days may be taken during the first three months of employment. The period of paid vacation cannot be more than 5 days at once. National Holidays can be considered a part of the vacation period if the vacation has holidays during the time. The teacher will be allowed holidays during national holidays, while vacation days are allowed only during the days allowed/stated in the School calendar.
Summer Vacation: 5 days / Winter Vacation: 5 days [Total: 10 Paid Holiday]

10. Medical Insurance
The Employer will pay 50% of the premium for the Employee’s health plan, which is provided by the Employer and administered through the Employer (the enrollment in a health plan is optional). The employee will be responsible for the rest of the cost.

11. Dismissal
The Employer will have the right to dismiss the teacher for failure to attend to his or her assigned duties, outlined in number 6. This will also include frequent absences from the place of employment without the approval of the Academic Supervisor (Director). Prior to any dismissal, the teacher will be warned of dissatisfaction twice, by a written letter. In order to remedy the situation the teacher must improve the situation to satisfactory standards and write a formal letter of apology to the employer. In any case of dismissal, the employer is not responsible for providing a return ticket and will not pay severance payment. In addition, the teacher who is dismissed before six months must pay back the initial airfare and airport pick up costs, otherwise the school has the right to deduct these costs from the employee’s last payment.

14. Immediate Dismissal
The following misconducts are grounds for immediate dismissal, without prior notification:
A.   A criminal offense under Korean law that has been clearly substantiated inside or outside the place of Employment, and that would be deemed inappropriate by the Academic Institution.
B.   Any action inflicting injury upon any student or another staff member.
C.   If they were to give the school a bad reputation from their inappropriate behavior at work or otherwise.
D.   Any action that degrades the school and promotes a negative atmosphere for other employees and the school (saying rumors, inappropriate things about the school, causing fights among workers, etc.).
E.   If they gave the school’s secret information (i.e. School curriculum, Lesson plans, School management state or any School policy) including school documents to those not employed by the school.
F.   If they conduct illegal teaching of non-students for a fee such as private tutoring out of the school or teaching students at other schools, without the Employer’s approval. In this case the Employee will not receive the paid plane ticket home or the severance payment at the end of the month, and will be required to pay the Employer one month’s salary. In addition to that, the Employee who is dismissed before six months must pay back the initial airfare. They will also be subject to punishments for illegal working practices by the Korean Law.

15. Voluntary Resignation
If the Employee seeks release from his/her contract due to cultural differences, homesickness or personal problems, he/she must inform the Employer within 2 months of the date when they wish to quit. The teacher must also receive a written agreement on that situation from the Employer. 
The Employee will be required to work until a new Employee will arrive, for a maximum term of 3 months. In this case, the Employee will be required to pay the initial costs (ex-air fare, recruiting fee, etc.) that were paid for them by the school when they arrived. In addition, the employer will not provide a return ticket and will not pay the severance payment in term of voluntary resignation.
In the case that the Employee finds a replacement teacher, he/she may negotiate all responsibilities relating to voluntary resignation but the Employer has the right to make the decision. However, the Employer wish to terminate the contract for personal reasons, then the Employer will be required to provide airfare for the Employee. Alternatively, the Employer should give the Employee sufficient time to find another job at another institute.

16. Leaving the country or breaking the contract without Notification
If he/she breaks the contract and returns home or elsewhere during the contract period, the Employee can take the case to an international lawyer who will demand the repayment of the initial fees. The Employer has already a candidate. These fees include the agent fee, initial airfare, airport pick-up fee, and international lawyer payment.

17. Governing Law and Jurisdiction
Any dispute arising in connection with this contract shall be resolved in a Korean court of law according to Korean Regulations and Codes. The parties agree to comply with all applicable laws in their performance of this Agreement.
   
IN WITNESS HERE OF the parties have agreed upon the stipulations above as of the date this contract.

This little tidbit from section 5.B: "Attendance at scheduled staff meeting, workshops, field trips, picnics, a talent show, an entrance ceremony, the graduation ceremony and any events for Kindergarten (which is mandatory-no pay) cannot be considered as overtime."

That's more than enough to pass on this job. It's illegal to demand people to work for free, but even if it wasn't, it's highly unethical.

Illegal amount of vacation, which you're aware of but seem willing to compromise on.

Illegal penalty clauses.

There are other red flags in this contract, but the above stated is enough. Low pay for what they're asking for, too, and better believe they'll try to squeeze as much out of you as they can.

Hard pass.

Thank you very much for taking the time to review this for me!

This little tidbit from section 5.B: "Attendance at scheduled staff meeting, workshops, field trips, picnics, a talent show, an entrance ceremony, the graduation ceremony and any events for Kindergarten (which is mandatory-no pay) cannot be considered as overtime."

That's more than enough to pass on this job. It's illegal to demand people to work for free, but even if it wasn't, it's highly unethical.

agreed. the rest of it doesn't look good, but i'd pass on this alone

16. Leaving the country or breaking the contract without Notification
If he/she breaks the contract and returns home or elsewhere during the contract period, the Employee can take the case to an international lawyer who will demand the repayment of the initial fees. The Employer has already a candidate. These fees include the agent fee, initial airfare, airport pick-up fee, and international lawyer payment.

lol

16. Leaving the country or breaking the contract without Notification
If he/she breaks the contract and returns home or elsewhere during the contract period, the Employee can take the case to an international lawyer who will demand the repayment of the initial fees. The Employer has already a candidate. These fees include the agent fee, initial airfare, airport pick-up fee, and international lawyer payment.

lol

  You're in trouble when international lawyers get involved. They leave no stone unturned, tracking down hagwon teachers who did a midnight run.

So basically this contract is saying that you cannot quit on any terms except for theirs, and they will charge the maximum amount of fees possible (several of them of questionable legality) regardless of why you are leaving.

I would *definitely* not sign this contract. Even not considering the punitive actions detailed in the contract, the fact that they have devoted so many clauses to the repercussions of quitting is a pretty good indicator that they have had a lot of teachers leave for various reasons. Seems like a pretty big red flag.

Incidentally, by posting this contract for review, the hagwon would probably claim that you have violated article 14E, which according to the contract is grounds for immediate dismissal. 

The international lawyer part was good for a laugh.  A bigger laugh is that the brain trust behind that clause was serious and thought it would scare people. 

For the other reasons stated turn this one down.  They obviously have had a lot of people quit, what with the international lawyer on retainer.  Sad to see some hagwans are still trying to pull the same sh*t. 

Check the Facebook ESL Korea groups.  Higher pay can be had.  If you taught esl before and did so in Korea, you can certainly push for more.  An older guy first time maybe not as much.  But if you have a decent looking pic or some proof you're good with kids, it can help you.  If you don't start at 2.5 or even 2.6 walk away.  Plenty of jobs listed online and some of them seem to be the best paces for pay.  There is beginning to be a shortage of teachers and so you will be able to ask for more.  Some will turn you down, but let them go without a teacher for a while.  I would imagine by next year with one year's teaching, you could push for 2.8 or even 3, if these trends continue.  2.3 is too low, but do what you want to do. 


A lot of kindies are being advertised as 2.8 to 3 million, some may be down to 2.6 with no experience.  So, keep searching.