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  • Ty-Bone
  • Newgookin

    • 1

    • March 30, 2014, 10:39:59 pm
    • UK
Hi all, need some advice / opinion on the contract listed below. I will be a first timer in Korea, this is all new to me. if anyone can help it would be much appreciated.


 (Hereafter to be referred to as the Employer)
 (Hereafter to be referred to as the Employee)


 The Parties agree as follows:

 I. TERM OF CONTRACT

 1. This contract will be valid for a period of 12 months beginning 10th June 2014 and ending 9th June 2015


 II. EMPLOYEE REQUIREMENTS

 1 The Employee will act in a professional manner and be responsible for conducting professional English Language classes.

 2. The Employee will be required to work on a regularly set schedule (staying for 8-working hours daily). Working hours may be slightly extended or changed depending on location or session. The Employees will do 30 hours of teaching per week or 120 hours of teaching per month. In special cases, the Employee may be asked to work on a weekend or on a national holiday. If this occurs, the Employee shall be granted overtime pay (III. 1.3). It is not applicable to events mentioned in section II.4.
 However the only exception is the 15th of August which is Korean national holiday. Any Employee working on this day will be compensated for a one day vacation.
 The set schedule is not applicable to certain cases such as the summer and winter intensive course periods.

 3. The Employee will work on a different time schedule during the summer and winter intensive semester. The working hours during the summer and winter intensive semesters vary slightly depending on location and may be extended or changed. The Employee is required to conduct classes during the summer and winter intensive semester. If the Employee works over 30 hours of teaching a week, the Employee will be compensated as stated in the contract ( III. 1.3)

 4. The Employee is required to attend events held by the Employer such as workshops, a year- end party, retreats, academic seminars, promotional events, etc.

 5. The Employee must submit the required documents for a visa by the due date, which both sides have agreed on. If the Employee fails to submit the required documents by the due date, the Employer is able to change the Employee’s position or is able to cancel the contract.

 6. The Employee must follow Korean immigration laws and take responsibility for any immigration duties including any immigration fees such as Medical health check, Alien Registration, re-entry permit and visa extension, etc.

 III. SERVICES PROVIDED BY THE EMPLOYER

 1. PAYMENT

 1.1 The Employer will pay a monthly salary of 2.4M for regularly scheduled hours.


 1.2 If the Employee fails to work on the set hours due to tardiness, absence, etc.; the monthly payment will be calculated and paid using a daily rate and/or an hourly rate.

 The method for calculating the daily rate: Monthly salary divided by 30.

 The method for calculating the hourly rate: Daily rate divided by 6.

 1.3 The Employee may be asked to do over 30hours of teaching a week or 120 hours a month. In this case, the Employee will be compensated 20,000KRW per hour for the overtime.

 1.4 The Employer will pay the Employee a monthly salary or the total amount owed for work performed in a month on the 10th of each month. In the event that the Employee doesn’t start working on the very first day of the month, their working days for that month will be counted from the day when they start working on a regular schedule.

 2. HOUSING

 2.1 The Employee will be provided with a single furnished apartment. The apartment will be provided at no cost to the Employee with the exception of utilities and housing management fees associated with the apartment.
 The Employee housing will be furnished with basic necessities such as a bed, TV, TV stand, desk and a chair. All accommodations will also come with an AC unit, a washer and a closet. It is recommended that the Employee bring some money during the first month of employment.

 2.2 The Employee has the duty to preserve the condition of the housing and furnishings until the end of this contract. If they are damaged or destroyed, the Employee must restore them to their original state or pay the replacement of the same standard of quality.

 2.3 200,000KRW will be deducted from each of the Employee’s first three paychecks for a total of 600,000 KRW to be used as a security deposit.
 This deposit will cover any unpaid services, bills, damage and airfare in the event that the Employee fails to pay or fails to fulfill 6 month of the Employee’s contract. The Employer will hold the full amount of the security deposit until all bills paid. The remaining amount will be returned to the Employee after all bills have been paid at the end of contract. However, the Employee who renews the contract and has already paid the security deposit will not be required to pay the security deposit again.

 2.4 The Employee is eligible to receive 300,000 KRW a month as a housing allowance if the Employee does not require housing provided by the Employer. The Employee must submit the Housing Allowance Request form to the Employer to receive this housing allowance at the signing of this contract.

 3. AIRFARE REIMBURSEMENT

 3.1 The Employee has to arrange and purchase their entry air ticket by themselves. Once the Employee passes the medical test and obtains an Alien Registration Card in Korea, the airfare amount up to (1,200,000) KRW will be reimbursed back to the Employee. For the reimbursement procedure, the Employee must submit an accredited receipt and flight itinerary to the Employer.
 When the Employee completes their contract, the Employee also has to arrange and purchase their return air ticket by themselves. The Employee must submit an accredited receipt and flight itinerary to the Employer one month prior from the date the Employee leaves the company.

 The Employee who is hired within Korea will be provided with the amount of the expenditures (flight, hotel, etc.) for the visa run up to (600,000) KRW after submitting the itinerary and the receipt to the Employer.
 All flight schedules must be set with the Employer or Employer’s agent before purchasing the flight ticket.



 3.2 After the Employee completes their contract, the Employee is able to receive 700,000KRW airfare allowance instead of an air ticket reimbursement.
 3.3 Any Employee who does not fulfill a 6 month period must reimburse the amount of the entry air ticket to the Employer.
 Any Employee who is hired within Korea and does not fulfill a 6 month period must reimburse the total amount of the visa run.

 4. LODGING

 4.1 The Employer will provide lodging, if necessary, for the Employee’s stay during the orientation and training period at a facility provided by the Employer.

 5. HEALTH PLAN

 5.1 The Employer will pay 50% of the premium for the Employee’s health plan, which is provided by the Employer and is administered through the Employer. Participation in a health plan is mandatory under Korean Law. The Employee will be responsible for remaining 50 percent of the costs.

 6. SEVERANCE PAY

 6.1 The Employer will pay severance to the Employee upon completion of the contract. The amount of the severance pay will be equal to one month of salary (2.4M KRW), and if necessary, applicable government deductions will be subtracted.

 7. PAID VACATION

 7.1 The Employee may have 10 working days as paid vacation per year. Up to 5 consecutive days may be taken at once. 3 days of Institute-scheduled vacation are counted in these 10 days. 2 of the remaining 7 days are also set to be used to extend the official break period of the Institute during Korean holidays. No vacation days other than those scheduled by the Employer may be taken during the first 3 months of employment. (The Employee who renews the contract is able to take vacation days during the first 3 months.) The use of vacation must be approved by the Employer at least one month in advance. Days in which the Employee does not regularly work i.e., Saturdays, Sundays and National Holidays are not to be considered as part of the vacation period.
 The Employee will not be allowed to take their vacation during the Summer, and Winter intensive terms.


 7.2 If the Employee does not or cannot use vacation partially or in full, the payment for the remaining days will be calculated and paid using a daily rate. The method of calculating daily rate: Monthly salary divided by 30.

 8. SICK DAY
병가
8.1 The Employee may use up to 5 paid sick days per year with the doctor’s note from a company-designated hospital, and after the 5 sick days have been used, it will be counted as absent and the pay will be calculated according to the Daily Rate/Hourly Rate.

 8.2 No more than two consecutive sick days may be taken at once. The employee has a duty to report the sickness to the campus director or supervisor before starting work. The Employee must give the director or supervisor a doctor’s note explaining the legitimate reason for missing work the next day.

 9. PENSION
 9.1 The Employee and the Employer will make regular contributions 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 Employee upon departure from Korea.

 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.

 2. TERMINATION OF CONTRACT

 2.1 Both parties will give at least a written 45-day notice prior to the termination date of the contract. If the Employee terminates their employment without providing 45 days notice, unless agreed upon by the Employer, the Employee will be responsible to pay the daily wage for each day under 45 days, as well as all bills associated with housing, rent, utilities, and management fees for the apartment provided for them by the Employer.

 2.2 The Employer retains the right to terminate the contract immediately if:

 a. The Employee is unable to meet the responsibilities or conditions required for employment such as being late for class on a continuous basis; continuous failure to keep regularly scheduled class times and repeated absences from classes without a valid reason.

 b. The Employee teaches off the Employer’s property.

 c. The Employee uses illegal drugs or is intoxicated during work hours.

 d. The Employee participates in any type of criminal activity or corruption of public morals that violates the laws of the Republic of South Korea.

 e. The Employee receives written warnings from the Employer on 3 occasions.

 f. The Employee tells others about their own employment contract details.

 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 airfare.

 b. The Employee will be wholly responsible for any utilities/maintenance remaining for the duration of their housing lease.

 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 contract 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 fulfill 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 Employment Contract in its entirety 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 without the knowledge and written consent of both parties are to be considered invalid.

 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 and Korean. In the event of a dispute, the English version of this contract will prevail.


 VII. ADDITIONS TO CONTRACT

 All other matters not stated above will be based on Korean relevant laws and regulations including The Labor Standards Act, Regulations about employment and company regulations


 When the Employee is temporarily required to work in the head office by the Employer, for reasons such as curriculum development, the working hours are 10am~7pm and there will be a one hour lunch break.


  • jblissie
  • Veteran

    • 203

    • December 08, 2011, 10:48:22 am
    • Seoul
Re: Advice / opinion on Contract needed **should i stay or should i go**
« Reply #1 on: March 31, 2014, 08:24:22 am »
On reading the contract, I believe the employer will honour it (which is really the biggest concern). It is more detailed than other contracts I have read, indicating to me that this employer has been in a few disputes before and is trying to cover every situation. Also by saying the English version will take precedence is also helpful.

I am assuming this for an academy. It is neither the best conditions or the worst. You will only really get 5 days vacation (the other days will be fixed by the school). You will have to work a lot and expect to have things landed on you last minute (an academy event after work or a training event). If this would bother you then perhaps you would be better walking away.

I have a few rules when looking at a job in Korea.

1) In the phone interview, if the person speaking does not have a good standard of English, walk away.

2) Find out where the school is and look at it on google earth or naver maps. You need a sense for where you will be staying.

3) Sufficient detail in the contract (this one does by the way).

4) Number of foreigners there. Less is always worse. You might never be friends with them but they will be a sounding board and can help you with the first few months. More than three is usually ok. If you are alone then you should walk away unless you are well versed in Korean culture.

5) How old is the institute? Many new institutes can close down quite quickly. If it is older than 5 years or is an establish name it should be ok.

6) When are they trying to employ you. Before March or September are the usual times as school starts in March and the new semester starts in September. Around now usually indicates their previous employee didn't show up, quit or was fired. As they are starting in June it means that they are prepared and have organised everything in good time (a very good sign). Usually institues do things last minute.

The pay level is reasonable. I would talk the housing on offer as the housing allowance is a little low. All in all it is fairly standard with more detail than normal. Expect to be held to every word. I wish you luck with your decision.


  • nschenk512
  • Super Waygook

    • 294

    • March 04, 2013, 08:52:49 am
    • Busan, South Korea
Re: Advice / opinion on Contract needed **should i stay or should i go**
« Reply #2 on: March 31, 2014, 08:49:03 am »
Compared to some of the other contracts I've read on this site, this one seems pretty solid. Looks pretty good. Almost, but not quite, as good as a public EPIK contract.


Re: Advice / opinion on Contract needed **should i stay or should i go**
« Reply #3 on: March 31, 2014, 11:56:53 am »
My small tidbit is to add that for housing the school should also make sure to provide you with a microwave and refrigerator.  Seems silly but those are expensive and if it's not in the contract your school isn't obligated to provide it.


Re: Advice / opinion on Contract needed **should i stay or should i go**
« Reply #4 on: April 29, 2014, 06:57:24 pm »
2.4 is not bad fot re-sign.
Go for it


Re: Advice / opinion on Contract needed **should i stay or should i go**
« Reply #5 on: April 29, 2014, 08:49:52 pm »
this is actually one of the better hagwon contracts i've seen. unless this is an SLP or Wonderland, I'd say it's worth a shot.


  • donuts81
  • Hero of Waygookistan

    • 1364

    • October 20, 2010, 10:23:37 am
    • Korea
Re: Advice / opinion on Contract needed **should i stay or should i go**
« Reply #6 on: April 30, 2014, 01:50:45 pm »
this is actually one of the better hagwon contracts i've seen. unless this is an SLP or Wonderland, I'd say it's worth a shot.

Me too. Most contracts I've seen have been horrible.

This part was especially nice. A mistake?
Quote
1.2 If the Employee fails to work on the set hours due to tardiness, absence, etc.; the monthly payment will be calculated and paid using a daily rate and/or an hourly rate.

 The method for calculating the daily rate: Monthly salary divided by 30.

 The method for calculating the hourly rate: Daily rate divided by 6.

"You can't hurt me now, Mr Lee. I've lost all feeling"


  • yfb
  • Expert Waygook

    • 863

    • July 05, 2010, 11:50:12 am
Re: Advice / opinion on Contract needed **should i stay or should i go**
« Reply #7 on: April 30, 2014, 01:56:43 pm »
this is actually one of the better hagwon contracts i've seen. unless this is an SLP or Wonderland, I'd say it's worth a shot.

Me too. Most contracts I've seen have been horrible.

This part was especially nice. A mistake?
Quote
1.2 If the Employee fails to work on the set hours due to tardiness, absence, etc.; the monthly payment will be calculated and paid using a daily rate and/or an hourly rate.

 The method for calculating the daily rate: Monthly salary divided by 30.

 The method for calculating the hourly rate: Daily rate divided by 6.

Deliberate. It's an old hagwon trick to save money: though at first glance it appears logical since there are 30 days in a month, YOU don't work 30 days a month so you get ripped off on salary. If the hagwon divided it by the number of actual working days it would be fair.


  • Hot6^
  • Hero of Waygookistan

    • 1759

    • March 14, 2014, 02:46:01 pm
    • Bucheon
Re: Advice / opinion on Contract needed **should i stay or should i go**
« Reply #8 on: April 30, 2014, 03:35:02 pm »
a couple things I see here...

FIRST: Just because it says in the contract that the ENGLISH will prevail. That right there is BS. Korean Law states that ONLY the KOREAN part of a contract is binding. So unless it says that in Korean...

The vacation arrangement sounds very strange to me.

It says right there that 5 of your 10 vacation days are already used. 3 for when the institutes wants, and another 2 just to make 3 days weekends into 4 days. 

You could essentially end up with just being able to take a 3+weekend vacation. If you aren't able to, the contract says you will just work anyway for overtime pay. WTH

Housing: GET EVERYTHING YOU WANT MENTIONED IN WRITING! the phrase "basic necessities such as," seems in good faith, but they might only give you the things listed there. Like another poster has mentioned. You don't want to have to buy a fridge, washing machine etc...

Health Care: Make sure it's stated in your contract NATIONAL healthcare. It's also just a way to make sure you are GETTING pension. It is illegal to have one and not the other, visa versa. If you are't getting one, it means they are probably "saying" but screwing you out of the other...

What you put into Korea, is what you will get out of Korea; it will not spoon feed you.


  • weirdgirlinkorea
  • Moderator - LVL 2

    • 2045

    • September 09, 2010, 06:00:18 pm
    • Seoul
    more
Re: Advice / opinion on Contract needed **should i stay or should i go**
« Reply #9 on: April 30, 2014, 03:37:49 pm »
I don't know if this applies to all schools, because I signed with a hagwon and my entire contract was in English, no Korean. It was a Canadian school.

a couple things I see here...

FIRST: Just because it says in the contract that the ENGLISH will prevail. That right there is BS. Korean Law states that ONLY the KOREAN part of a contract is binding. So unless it says that in Korean...

The vacation arrangement sounds very strange to me.

It says right there that 5 of your 10 vacation days are already used. 3 for when the institutes wants, and another 2 just to make 3 days weekends into 4 days. 

You could essentially end up with just being able to take a 3+weekend vacation. If you aren't able to, the contract says you will just work anyway for overtime pay. WTH

Housing: GET EVERYTHING YOU WANT MENTIONED IN WRITING! the phrase "basic necessities such as," seems in good faith, but they might only give you the things listed there. Like another poster has mentioned. You don't want to have to buy a fridge, washing machine etc...

Health Care: Make sure it's stated in your contract NATIONAL healthcare. It's also just a way to make sure you are GETTING pension. It is illegal to have one and not the other, visa versa. If you are't getting one, it means they are probably "saying" but screwing you out of the other...
Ignoranţa este adesea o boală fatal şi cretin nu poate fi vindecata.


Re: Advice / opinion on Contract needed **should i stay or should i go**
« Reply #10 on: April 30, 2014, 08:15:14 pm »

Deliberate. It's an old hagwon trick to save money: though at first glance it appears logical since there are 30 days in a month, YOU don't work 30 days a month so you get ripped off on salary. If the hagwon divided it by the number of actual working days it would be fair.

Sneaky mother


  • Hot6^
  • Hero of Waygookistan

    • 1759

    • March 14, 2014, 02:46:01 pm
    • Bucheon
Re: Advice / opinion on Contract needed **should i stay or should i go**
« Reply #11 on: May 02, 2014, 07:33:13 am »
I don't know if this applies to all schools, because I signed with a hagwon and my entire contract was in English, no Korean. It was a Canadian school.

a couple things I see here...

FIRST: Just because it says in the contract that the ENGLISH will prevail. That right there is BS. Korean Law states that ONLY the KOREAN part of a contract is binding. So unless it says that in Korean...

The vacation arrangement sounds very strange to me.

It says right there that 5 of your 10 vacation days are already used. 3 for when the institutes wants, and another 2 just to make 3 days weekends into 4 days. 

You could essentially end up with just being able to take a 3+weekend vacation. If you aren't able to, the contract says you will just work anyway for overtime pay. WTH

Housing: GET EVERYTHING YOU WANT MENTIONED IN WRITING! the phrase "basic necessities such as," seems in good faith, but they might only give you the things listed there. Like another poster has mentioned. You don't want to have to buy a fridge, washing machine etc...

Health Care: Make sure it's stated in your contract NATIONAL healthcare. It's also just a way to make sure you are GETTING pension. It is illegal to have one and not the other, visa versa. If you are't getting one, it means they are probably "saying" but screwing you out of the other...

It's contract law in Korea, so I believe it wouldn't matter if your were working at a school or any other place of employment.
What you put into Korea, is what you will get out of Korea; it will not spoon feed you.


  • weirdgirlinkorea
  • Moderator - LVL 2

    • 2045

    • September 09, 2010, 06:00:18 pm
    • Seoul
    more
Re: Advice / opinion on Contract needed **should i stay or should i go**
« Reply #12 on: May 02, 2014, 02:05:34 pm »
But if there's no Korean, how would the Korean preempt the English in court?
Just curious.

I don't know if this applies to all schools, because I signed with a hagwon and my entire contract was in English, no Korean. It was a Canadian school.

a couple things I see here...

FIRST: Just because it says in the contract that the ENGLISH will prevail. That right there is BS. Korean Law states that ONLY the KOREAN part of a contract is binding. So unless it says that in Korean...

The vacation arrangement sounds very strange to me.

It says right there that 5 of your 10 vacation days are already used. 3 for when the institutes wants, and another 2 just to make 3 days weekends into 4 days. 

You could essentially end up with just being able to take a 3+weekend vacation. If you aren't able to, the contract says you will just work anyway for overtime pay. WTH

Housing: GET EVERYTHING YOU WANT MENTIONED IN WRITING! the phrase "basic necessities such as," seems in good faith, but they might only give you the things listed there. Like another poster has mentioned. You don't want to have to buy a fridge, washing machine etc...

Health Care: Make sure it's stated in your contract NATIONAL healthcare. It's also just a way to make sure you are GETTING pension. It is illegal to have one and not the other, visa versa. If you are't getting one, it means they are probably "saying" but screwing you out of the other...

It's contract law in Korea, so I believe it wouldn't matter if your were working at a school or any other place of employment.
Ignoranţa este adesea o boală fatal şi cretin nu poate fi vindecata.