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My husband and I are looking for a position together. I'm attaching my hubby's "contract" We had said that we would discuss an 18 mo contract, but we feel that is too long. We will see if they will change this portion.

One thing I noticed right away is only 8 vacation days for 18 mo term??

[CONTACT INFORMATION REMOVED]

EMPLOYMENT CONTRACT FOR AN INSTRUCTOR

This EMPLOYMENT AGREEMENT has been made on the 10th of May, 2013 by and between

[CONTACT INFORMATION REMOVED] existing under the laws of the Republic of Korea, with its principle place

of business located on at [CONTACT INFORMATION REMOVED] (Hereinafter called "Employer"), ________ (hereinafter

referred to as "Employee").

TERMS AND CONDITIONS

Article 1.        Job Description

The duties of the "employee" will be as follows:

a. Planning and implementing of lesson plans and classroom activities

b. Development of educational programs and materials

c. Grading and evaluating of students

d. Attendance at teacher's meetings and workshops

e. Other activities directly related to teaching including picnics, field trips and role play

Article 2.        Place of Employment

The "employee" will work for the "employer" at the following address:

[CONTACT INFORMATION REMOVED]

The "employee" will not be expected to work outside the place of employment except with a)

written approval from a Korean Immigration Official and b) the approval of the "employer" of

[CONTACT INFORMATION REMOVED]

Article 3.        Period of Employment

The period of Employment under this contract is from September 1st

the Republic of Korea.

Article 4.        Regular Hours of Employment

, 2014 to Feb 30th

, 2016 in

Regular working hour will be from 9:50 am to 6:40 pm. The "employee" will work from Monday

to Friday (excluding Saturdays and Sundays) for a total of 120 net teaching hours per four

weeks (20 working days).

Article 5.        Overtime Hours of Employment

In addition to the aforesaid thirty hours of teaching hours each week, the Academic Supervisor/

Director will have the authority to require Employee to perform any teaching in excess of thirty

hours per week (hereinafter called "overtime").  Only teaching hours in excess of thirty hours

per week and only those approved by the Academic Supervisor / Director are considered as

overtime. Overtime Classes will be paid at a rate of 20,000 won per hour.

Article 6.        Salary

A monthly base salary of 2.2 million Korean Won will be paid for 120 net teaching

hours. The salary will be paid to the "employee" every month without delay.

In the event the "employer" is unable to provide the "employee" with the regular 120 teaching

hours per month, the "employee" will still be paid a base salary 2.2 million Korean Won per

month.

Article 7.        Income Tax

Income tax will be deducted from the base salary in accordance with Korean Tax laws.

Article 8.        National Pension and Health Insurance

The "employer" will provide adequate Health Insurance and National Pension for

the "employee" during the duration of this contract. The "employer" and "employee" will cover

100% of the cost of Health insurance and National Pension.

Article 9.        Housing

The "employer" will provide furnished living accommodations for the "employee." The

accommodations may be one-room apartment. Furnishings provided by the "employer” are

as follows: a bed, kitchen utensils, (a burner gas hotplate), hot water for bathing, a washing

machine, a refrigerator, and A/C. The "employee" should pay cost of monthly utilities. Employer

will ensure that the apartment is clean. In return for a furnished apartment, the "employee"

agrees to respect and care for the apartment, with the exception of normal repairs. Any

outstanding bill belonging to the "employee" will be the sole responsibility of the "employee."

Article 10.       Airfare & Visa sponsorship

The “employee” who has signed the contract will be provided airfare.

And, the employee can get a return airfare ticket after completion of the contract.

Article 11.       Holidays

The "employee" will be paid for all Korean national holidays and not be expected to work during

these days.

Article 12.       Vacation Pay

The "employee" will receive 8 days paid vacation days per year. Days in which the "employee"

does not regularly work (i.e. Saturday and Sunday) are not to be considered as part of the

vacation period. Vacations must be scheduled with and approved by the Academic Supervisor/

Director at least one month in advance. The vacation days will manifest according to the

schedule of [CONTACT INFORMATION REMOVED].

Article 13.       Severance Pay

"The employee" will receive 3.3 million Korean Won of his/her severance pay upon successful

completion of contract. In accordance with Korean Labor Law, if there is someone who doesn’t

complete the contract, she/he can’t receive the Severance pay.

Article 14.       Rights and Responsibilities

Both the "employer" and the "employee" are to be considered professionals and as such will

treat each other with mutual respect and dignity. However, since the "employee" is working

under contract for the "employer,” the "employee" will make every reasonable effort to follow

the direction, training and supervision of the "employer." The "employee" will also carry out

the teaching assignments given by the "employer" in a professional manner. The "employer"

is responsible for establishing standards of performance relative to the "employee,” and is

empowered to take all reasonable steps necessary to assure that those standards are met.

Article 15.       Dismissal

A. The "employer" will have the right at its sole discretion to dismiss immediately the "employee"

from employment under the following conditions:

a. Violation of the laws of the Republic of South Korea

b. Teaching classes while under the influence of drugs or alcohol.

c. Being late for class on a continuous basis.

d. Continuous failure to keep regularly scheduled class hours.

e. Repeated absences from classes without a valid reason.

f. Clear and frequent neglect of duties under this Contract.

g. Criminal and other conduct inside or outside the place of employment that would, in the

opinion of the "employer", seriously jeopardize any student or staff person, or the reputation

of Employer.

h. Undertaking any teaching duties or employment with any persons or organizations other than

Kids On Campus without prior written approval from the "employer".

B. The "employee" shall be received a verbal or written notice from the "employer" under the

following conditions.  Beginning from the day of warning, the "employee" will be given twenty

working days in which the "employee" must make every effort to rectify problems. Failure to

correct problems within the given days will be the cause for immediate dismissal.

a. Unprofessional behaviors and demeanor

b. Using improper language during class

c. Using corporal punishment including pinching, hitting, and severe yelling

d. Frequent unprepared and unsatisfactory lesson plans

e. Repeating same lesson plans

f. Frequent misplacing and losing materials

Article 16.       Termination of Contract

With the exception of Article 15 of this Contract and under the following circumstances, both

the "employer" and the "employee" have the right to make the contract null and void by giving

a minimum of two-month advance notice in writing. In the event that the "employee" seeks

release from this Contract, the "employer" must issue a letter of release to the "employee"

upon request, without delay or being charged to the "employee" or potential employers.  Under

no circumstances shall the "employer" refuse the "employee" a letter of release or hinder

the "employee" from securing future employment in the Republic of Korea.

Article 17.       Resolving Disputes

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 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 Article 15(Dismissal). 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.

Article 18.       Transfer of Contract

Under no circumstances can the "employer" exchange, give, sell, or transfer this contract

of the services of the "employee" to another party or Institute without the written consent of

the "employee".

Article 19.       Changes to Contract

There will be no changes or additions to this contract without the written consent and approval

of both 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.

Article 20.       Release from Contract

With the exception of Article 16 (Termination of Contract), both the "employer" and

the "employee" are released from this contract in the case of:

a. Death, war, accident, or unforeseen events

b. Failure to obtain an E2 visa from Korean Immigration

c. Failure to meet any or all of the terms and conditions of this contract

Article 21.       Indemnification

a. The "employer" is not responsible for any damages caused by the "employee" through the

misconduct or negligence of her/his duties. For any damages the "employee" will indemnify

them.

b. The "employer" is not responsible for any deficits or problems derived from the refusal by the

government of Korea to permit entry to the country.

Article 22.       Waiver

The failure of either party hereto at any time to enforce the terms, provision, or conditions of this

contract will not be construed as a waiver of the same of the right of such party to enforce the

same.

Article 23.       Governing Law and Jurisdiction

This Contract will interpret according to the 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, the Contract.

Both the "employer" and the "employee" have read and understood all the terms and conditions

of this Contract and do hereby enter into this contract which will be binding upon all by all

parties concerned and do so by mutual agreement.

Employment Period: September 1st

       (Starting date may change pending visa approval. New employers will be given about one

week of orientation before teaching. During this time new employees will be paid half of their

original salaried contract for this week.)

, 2014 to February 28th

, 2016

___________________ ____________                 ___________________ _________________

Employee's Signature                             Employer's Signature
« Last Edit: May 12, 2014, 01:15:32 pm by taeyang »


I didn't notice anything too terrible. 8 days vacation is definitely low for 18 months. It's usually 10 per year. One thing I would ask about is how long a "teaching hour" is. 60 minutes? Or is it 50? If it is 60 then that is a lot of classes for only 2.2 mil. The guarantee of a letter of release is nice. Not sure if they would follow through with that part, but it certainly sounds good.


I didn't notice anything too terrible. 8 days vacation is definitely low for 18 months. It's usually 10 per year. One thing I would ask about is how long a "teaching hour" is. 60 minutes? Or is it 50? If it is 60 then that is a lot of classes for only 2.2 mil. The guarantee of a letter of release is nice. Not sure if they would follow through with that part, but it certainly sounds good.

I agree about the 8 days... I was hoping for 10 - for 12 months.

Someone on another forum said this : (so I am going to look at laws tonight)


It is full of illegal clauses.

 you might want to have a read through the labor standards act...
012.pdf" class="bbc_link" target="_blank">www.moel.go.kr/english/download_eng.jsp?type=&file=(31)LABORSTANDARDSACT_2 012.pdf

 and pay attention to things like penalty clauses in a contract (illegal)
 holidays (annual leave and national holidays).
 conditions and hours of work.
 payment of salary
 etc....


I am not sure what illegal clauses the other guy was referring to. I have read and signed my share of contracts and I don't see any red flags in this one other than the vacation and long hours. Certainly nothing illegal. You should ask him specifically what clause he is referring to. Maybe I missed it, but I didn't notice any penalty clauses.


I am not sure what illegal clauses the other guy was referring to. I have read and signed my share of contracts and I don't see any red flags in this one other than the vacation and long hours. Certainly nothing illegal. You should ask him specifically what clause he is referring to. Maybe I missed it, but I didn't notice any penalty clauses.

I noticed that at least this one specifies what's included in the apartment, etc which other contracts I have seen don't.

I do think 8 days is crazy for an 18 mo contract...

I think maybe he means this:??

Article 60 (Annual Paid Leave)
(1) An employer shall grant 15 days' paid leave to a worker
who has registered not less than 80 percent of attendance
during one year. <Amended by Act No. 11270, Feb. 1, 2012>
(2) An employer shall grant one day's paid leave per month
to a worker who has worked consecutively for less than one
year or registered less than 80 percent of attendance during one
year, if the worker has offered work without an absenc


I am not sure what illegal clauses the other guy was referring to. I have read and signed my share of contracts and I don't see any red flags in this one other than the vacation and long hours. Certainly nothing illegal. You should ask him specifically what clause he is referring to. Maybe I missed it, but I didn't notice any penalty clauses.

Article 15 anda mandatory overtime are illegal


  • Grimne_Lothos
  • Expert Waygook

    • 846

    • December 28, 2011, 12:56:27 pm
    • Buyeo, south korea
they employee pays 100% of pension and health insurance....that sounds pretty bad


they employee pays 100% of pension and health insurance....that sounds pretty bad

That's not what it says. It says

Article 8.        National Pension and Health Insurance

The "employer" will provide adequate Health Insurance and National Pension for

the "employee" during the duration of this contract. The "employer" and "employee" will cover

100% of the cost of Health insurance and National Pension.


I think that means 50/50 like it should be. It should be stated more clearly though, before anyone signs anything.


  • jblissie
  • Veteran

    • 203

    • December 08, 2011, 10:48:22 am
    • Seoul
You really should read the contract.

"The "employee" will receive 8 days paid vacation days per year". You should ask about the other six months though as they haven't specified anything about it. 18 months is a bit odd. I suppose they had someone leave after six months anf they want to hire at a certain time. I personally wouldn't take this position. The hours are too long and the holdays are too few. 3.3 severance looks nice though (is this a typo?).


  • donuts81
  • Hero of Waygookistan

    • 1364

    • October 20, 2010, 10:23:37 am
    • Korea

 3.3 severance looks nice though (is this a typo?).

The severance for 18 mths not 12 mths
"You can't hurt me now, Mr Lee. I've lost all feeling"


Yeah, the contract itself is illegal.  On an E-2 visa immigration will only recognize a 12 month contract.  They won't give you a visa for longer than that so there's a big warning sign right there.

The section about termination is pretty brutal as well.  I wouldn't sign this contract and wouldn't work for a school that tried to get me to sign that contract.

Keep looking.