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Check out the contract - advice please
« on: April 28, 2014, 06:25:31 am »
I. Purpose
The specific purpose of this agreement is to employ a foreign individual as an English language instructor, and such the individual employed hereunder shall be subject to XXXX employment rules or other internal rules and regulations.

II. Term of Employment
This EMPLOYMENT AGREEMENT is from   XXXX      to XXXX                .

III. Working hours & days
1. During the term of this agreement, employee will work 8 hours per day for 5 days within a 7 day work week schedule. Days off are not guaranteed to be consecutive.
2. The working hours are 09:00~18:00 or 12:00~21:00 with 1 hour meal break. All employees are required to work up to 1 months of 12:00~21:00 shift.
3. Teaching requirement is 35 forty-five minute actual teaching classes per week.
4. All employees will be required to prepare for lessons and be ready to teach in the classroom 5 minutes before the start of the class.
5. The employee is required to prepare and carry out all administrative duties assigned by the employer such as:
  1) lesson preparations and planning
2) student evaluations
3) teachers’ meetings
4) workshops
5) greeting students
6) students’ orientation and students’ graduation   
7) other administrative duties
6. Missing assigned duties: If employee is not present for assigned duties, pay will be prorated.

IV. Salary
 1. Salary: The monthly salary will be    XXXXXX        won.
V. Overtime
Overtime payment is paid at the rate of 18,000 won per 45-minute class. Overtime will be paid for additional work done outside of regular working hours. Employee can be required to teach up to four days of mandatory overtime for special occasions.

VI. Holiday Bonus
A 50,000 won holiday bonus will be given to an employee who works 5 days during the week of a national holiday. However, if the national holiday is on the weekend, no holiday bonus will be given despite working 5 days that week.

VII. Dress Code
Employees should wear casual clothing that is comfortable and practical for work, but not distracting or offensive to others. Any clothing that has words, terms or pictures that may be offensive to other employees is unacceptable. Tank tops, shorts, flip-flops, hats and any clothing that is too revealing is also unacceptable.

VIII. Reimbursements
1. Employee will be reimbursed up to 450,000 Won for a flight to Korea.
2. Employer will reimburse the employee 50,000 won for the visa fee.
3. Employee must turn in all the receipts or there will be no reimbursements.

IX. Housing
1. Employer will provide the employee single or double furnished dormitory housing with kitchen/bathroom, within the English Village compound. Utilities such as electricity, heating and water will be covered by the employer.
2. Employee is responsible for damages to XXX property. Employee is responsible for keeping his or her housing clean and tidy to a reasonable standard.

X. Meals
 Employer shall provide 3 meals per day for employees at the English Village cafeteria within the designated breakfast, lunch and dinner hours. If there are no classes scheduled, the cafeteria will be closed and no meals will be provided.

XI. Dismissals
1. The employer may terminate this agreement and dismiss the employee by giving one month’s advance written notice if the employee:
1) neglects his/her duties stipulated in this agreement
2) is frequently late/absent from work
3) shows blatant misconduct either professionally or otherwise
4) more than two warnings from the supervisor
5) violates Korean Law
6) suffers from a health condition which makes it impossible for employee to continue work.
7) expiration or termination of XXXX contract with XX City. XXXX will assist the employee to search/change the workplace so that the employee could stay in Korea and maintain the visa.
2. The employee may terminate this agreement by giving one month’s advance written notice:
1) if the employer commits continuous disrespect, or negligence of his/her human right
2) if the employer fails to perform its obligations under this agreement, including on-time pay
3) upon death or severe illness of family member, or severe illness of the employee

XII. Voluntary Resignation
1. Employee must gives at least 1 months written notice prior to resigning from this position. 
2. In the event an employee chooses to break the contract before completing, the employee will be responsible for the reimbursement for the airfare and visa.

XIII. Covenants
1. Employee hereby agrees and understands that he/she will not undertake any teaching duties or employment with any persons or organizations other than the employer. To undertake such employment is a breach of Korean Immigration law and can have serious consequences.
2. The Employee understands and accepts that the rights to use, sell, distribute or publish all original material produced by the employee during the course of employee’s employment, and for which the employee is compensated as either regular pay, as overtime or in an agreed-upon lump sum, remain the sole property of the employer.

XIV. Jurisdiction
1. This agreement will be interpreted according to the internal (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, this agreement.
2. Employer and employee have executed this agreement on the date indicated below. Intending to be legally bound to, and in witness of, employer and employee have appended their signatures.


  • nschenk512
  • Super Waygook

    • 294

    • March 04, 2013, 08:52:49 am
    • Busan, South Korea
Re: Check out the contract - advice please
« Reply #1 on: April 28, 2014, 07:56:04 am »
No vacation, no guarantee of weekends off, no sick days, no talk of pension or health insurance, the flight reimbursement will not cover the entire cost of a flight here.

This contract is crap.


Re: Check out the contract - advice please
« Reply #2 on: April 28, 2014, 07:56:58 am »
Advice? Find another, better job. I'm not a fan of only get 450K for airfare reimbursement.  This sounds like a crappy hagwon contract and will likely be a crappy hagwon job.


  • iamrhart
  • Hero of Waygookistan

    • 1938

    • November 16, 2011, 01:20:16 pm
    • XXXXXXXXxx
Re: Check out the contract - advice please
« Reply #3 on: April 28, 2014, 08:02:51 am »
wait...what? this employer is offering you a room, 3 meals a day, etc.?

i cannot really give advice on this contract, as it seems to be an English Village contract.
i have worked at Public Schools and Hagwons before, but not an English Village.

sorry.

if this was a Hagwon, i would say 'screw them'.  Hagwons need to offer better than this contract.

if this was public school, i would say "are you kidding me?" it's no where near a Public School Government contract.
You only live today once. You wont get a second chance. You wont get to live it twice. So make the most of it.

A sane man in an insane world will appear insane.


  • Ley_Druid
  • The Legend

    • 2468

    • February 17, 2011, 08:36:33 am
    • Shinan-Gun, Jeollanam-Do, South Korea
Re: Check out the contract - advice please
« Reply #4 on: April 28, 2014, 08:08:59 am »
Drop that like a dirty turd. Don't even bother. That is one of the worst contracts I have ever seen. You can do better.


  • Hot6^
  • Hero of Waygookistan

    • 1759

    • March 14, 2014, 02:46:01 pm
    • Bucheon
Re: Check out the contract - advice please
« Reply #5 on: April 28, 2014, 08:25:11 am »
No vacation, no guarantee of weekends off, no sick days, no talk of pension or health insurance, the flight reimbursement will not cover the entire cost of a flight here.

This contract is crap.

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


Re: Check out the contract - advice please
« Reply #6 on: April 28, 2014, 08:54:48 am »
It's only for a short summer contract so I wouldn't have expected holidays to have been included in it.


I was concerned about sections XI, XII and XIII, particularly XIII part i) - is this just some empty threat?

Also

"2. The employee may terminate this agreement by giving one month’s advance written notice:
1) if the employer commits continuous disrespect, or negligence of his/her human right
2) if the employer fails to perform its obligations under this agreement, including on-time pay
3) upon death or severe illness of family member, or severe illness of the employee"

One month's notice seems to be reasonable under normal circumstances, but for the death of a family member?

Having never worked in Korea before, I don't know what is normal, so I do appreciate the feedback from you all!


  • Hot6^
  • Hero of Waygookistan

    • 1759

    • March 14, 2014, 02:46:01 pm
    • Bucheon
Re: Check out the contract - advice please
« Reply #7 on: April 28, 2014, 09:02:30 am »
It's only for a short summer contract so I wouldn't have expected holidays to have been included in it.


I was concerned about sections XI, XII and XIII, particularly XIII part i) - is this just some empty threat?

Also

"2. The employee may terminate this agreement by giving one month’s advance written notice:
1) if the employer commits continuous disrespect, or negligence of his/her human right
2) if the employer fails to perform its obligations under this agreement, including on-time pay
3) upon death or severe illness of family member, or severe illness of the employee"

One month's notice seems to be reasonable under normal circumstances, but for the death of a family member?

Having never worked in Korea before, I don't know what is normal, so I do appreciate the feedback from you all!

didn't realize it was just a summer gig.
Can you say what months? it would put it in perspective.
What you put into Korea, is what you will get out of Korea; it will not spoon feed you.


Re: Check out the contract - advice please
« Reply #8 on: April 28, 2014, 03:15:57 pm »
It's somewhat flexible - May-July or June-Aug.

I'm on a tight frame myself so longer contracts don't suit, unfortunately.


  • Hot6^
  • Hero of Waygookistan

    • 1759

    • March 14, 2014, 02:46:01 pm
    • Bucheon
Re: Check out the contract - advice please
« Reply #9 on: April 28, 2014, 03:24:20 pm »
It's somewhat flexible - May-July or June-Aug.

I'm on a tight frame myself so longer contracts don't suit, unfortunately.

oh, only a three month contract?

Okay, well no wonder there was no vacation and such.
Now it seems reasonable enough. Be nice to get at least 600 for the flight.

However, you might want to still make sure you are going to have medical insurance.

... and yes, all those 1month cancelling of contract stipulations are pretty standard, including the death of a family member.
What you put into Korea, is what you will get out of Korea; it will not spoon feed you.