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  • Jeter2
  • Veteran

    • 141

    • September 24, 2015, 01:30:35 pm
    • NYC, USA
Contract Help!
« on: December 13, 2015, 04:12:09 am »
Hello!

I need help reviewing this contract. I'm seriously considering this position, the school is located in Ilsan and the accommodation is a huge officetel apt. The person who interviewed me seemed really nice and spoke English well (native level) so I feel that there won't be any language barriers but who knows...Thanks in advance!

*Please ignore the start and end date.

****** English School, wishes to engage the services of_____________as an English Instructor. The two parties, in a spirit of friendly cooperation, agree to sign to this contract and pledge to fulfill conscientiously all the obligations stipulated in it.

1.CONTRACT PERIOD  The contract is valid for the period of one year and is effective fromNovember 2nd, 2014 until November 1st, 2015. In the case that the beginning date of the contract falls before the legal entry date (as recognized by the Office of Immigration of the Republic of Korea) the 12 months will begin on the day of your first workday. 

2. PLACE OF EMPLOYMENT  The Employer shall, at his or her discretion, designate the work place. The Employee shall not engage in other jobs, including part time work or private tutoring during their employment period without the Employer’s agreement. 

3. WORK HOURS AND OVER-TIME WORK 
a) The workdays of the Employee starts on Monday and ends on Friday, 120 hours per month.  Working hours are from option  (a)10:00am – 6:45pm Monday, Wednesday, and Friday.10:00am-4:30 Tuesday or Thursday.  10:00am-5:10 Tuesday or Thursday.   (b)10:00am – 6:00 pm Monday thru Friday. Daily teaching hours are 6 hours per day. However, working hours can change in accordance with the institution’s schedule. Any hours exceeding the foregoing hours shall be considered as overtime and calculated at an hourly rate of 20,000 won per hour. b) If the Employee does not want to work overtime, the Employer shall not force the Employee to do so. When the Employee and the Employer reach a mutual agreement about working overtime, and the Employee does so, the Employer must pay the Employee for working overtime, according to Article 6 Clause 3. 
c) The Employee shall be paid with the mentioned salary in this contract even if the Employee works less than 120 hours per month due to lack of classes.  d) The Employee must attend staff meetings and workshops, which are not held during working hours however this will not be considered as working overtime. 

4. EMPLOYEE’S DUTIES  a. The teacher shall work to the best of his/her abilities to teach his/her students English as efficiently as possible and within the general goals and guidelines set forth by the school. The teacher will familiarize him/herself with the school’s policies, programs and curricula and attempt to meet the general timetable outlined by school. b. The teacher is responsible for the general atmosphere and conduct, academic and social, in his/her classroom and behavior of students during his/her scheduled class hours, including break time. c. The teacher shall conduct and dress him/herself in a professional manner. d. The teacher shall report any specific student difficulties, academic or social, to the school’s management and, with their assistance, communicate with the student’s parents in order to effect an appropriate solution to the problem. e. The teacher shall attend teachers’ meetings. S/he is required to seek and share ideas that may benefit both him/herself as well as the other teachers in the school. f. The teacher shall prepare for each class, and correct homework. Student evaluation reports shall be prepared monthly. g. The Employee shall observe the Employer’s work system and regulations concerning administration of foreign experts and shall accept the Employer’s arrangement, direction, supervision and evaluation in regard to his/her work without the Employer’s consent.  h. The Employee must try to act with dignity as an English teacher. The Employee must act in this manner during the whole time that the Employee works for the Employer. The Employee shall comply with the laws, regulations and rules of Republic of Korea and shall not be involved in any illegal activities that might damage their visa status and the reputation of the Employer.  i. The Employee must observe her/his class schedules. Furthermore, the Employee shall attend an orientation, training program, and staff meetings and prepare for their classes as required.  j. The Employee shall use only teaching materials provided by or recommended by the Employer. The use of supplementary materials is encouraged, but only after the Employer gives prior approval. 

5. EMPLOYER’S DUTIES  1) The Employer shall provide the Employee with full support. The Employer shall respect the Employee's dignity and try to keep their relationship harmonious with the Employee.  2) The Employer shall pay the salary, as stated in this contract, and in case the Employee requests teaching materials, the Employer shall support these with utmost efforts.  4) The Employer shall not infringe on the Employee's privacy. In case the Employee brings disgrace on the Employer, the Employer shall have the right to ask the Employee to correct the situation.
 
6. STIPULATION FOR DISCRETION The teacher will not divulge any information about the school, which may lead to either a financial loss or a loss of reputation for the school. If the teacher divulges such information, (including information concerning the school’s finances, enrollment, teaching methodology, pedagogy, teaching materials, personnel, etc.), s/he shall be responsible for any financial loss or loss of reputation the school thereby suffers and the teacher may incur penalties.  Employee will not disclose any part of this contract pertaining to the salary or any other benefits to other employees.

7. COMPENSATION  a) The Employee shall be paid 2.__million won per month for the regular working hours on, or before, the 10th of each month. The first salary shall be paid according to the workdays the Employee worked.  b) If the Employee has not worked the regularly scheduled hours due to tardiness, absence and etc, the monthly salary will be calculated using a daily rate or hourly rate.  ø Daily rate: Monthly salary divided by workable days of the month multiplied by the actual worked days.  ø Hourly rate: Daily rate divided by 6.  c) Overtime shall be paid at the rate of 20,000 won per hour and paid with salary on the payment day. d) When the Employee completes the contract without any problems, the Employer must pay a severance payment equal to one month’s salary. If the Employee does not complete the contract then this payment would not be given.  e) The tax for severance payment and salary must be paid as it is stated in the Korean Tax laws. 

8. INCOME TAX  Income tax shall be withheld from the salary at a rate of 3.3%(this rate can change) in accordance with Korean Tax Law. The Employee shall be provided with the receipts at the end of the year. 

9. HOUSING  a) The Employee will be provided with a non-shared office tel that is furnished with basic appliances and be located within a 5 minute walking distance from the school.  b) The following furnishings are provided: table, chair, tv, refrigerator, laundry machine, queen size bed, and a fixed air conditioner.  Linen is not provided due to hygiene reasons.Any other furnishings are the employees responsibilities c) Monthly utilities for electricity, water, gas, oil and cable, and Internet are the Employee's responsibility. These bills must be paid on time regardless of when your pay date is. d) The Employee shall be responsible for the maintenance of the apartment, furniture and equipment. Any damage is the Employee’s responsibility.  e)If the Employee uses the housing provided by the Employer, the Employee shall leave the housing in the same condition as when it was first occupied and the Employee shall be liable for any damage to the building and appliances occurring during the period occupied by the Employee.

10. AIR FARE  a) The Employer has to pay the Employee the airfare from the Employee’s point of departure to the workplace.  b) When the Employee completes his/her contract, the Employer must give the employee an air ticket from Incheon Airport to the original destination. If the Employee does not complete the contract then the Employer will not pay for the airfare.  c) The air ticket shall be limited to Economy class only.  d) If you are travelling elsewhere and want compensation then the maximum given will be seven hundred thousand won.

11. PAID VACATION AND PAID SICK LEAVE  a) The paid vacation shall be 10 days in accordance to the Employer's annual schedule, only after the initial 3 months. National Holidays, Saturdays and Sundays shall not be included in the paid vacation. 
b) Due to the annual summer/winter break in Korea, employee will take the breaks during this time you will be given a month notice when these dates are.  You cannot choose these dates. c) The Employee will be paid for all national holidays and not be expected to work during these days. d) Paid sick leave shall be 3 days during the period of the contract. A doctor's medical certificate for such absences shall be submitted to the Employer. However, if the period of leave from illness exceeds 3 days, those days shall not be considered as paid sick leave.

12. TERMINATION OF CONTRACT  (re: Results of Instruction/Management Dissatisfaction): The teacher shall be responsible for the general results attained by his/her students. It is agreed that, should the results of the teacher’s instruction be evaluated as unsatisfactory and, should such results remain unsatisfactory following full and reasonable combined efforts to rectify the dissatisfaction, the teacher agrees that the school may dismiss him/her without compensation from anyremaining contractual obligations. a) Both parties will give at least a 90days notice in writing prior to the termination date of the contract and the Employer retains the right to terminate the contract immediately if:  - 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 regularly scheduled class hours and repeated absences from classes without a valid reason.  - The Employee teaches off the Employer’s property.- The Employee uses illegal drugs or is intoxicated during work hours.  - The Employee participates in any type of criminal activity that corrupts public morals which violates the laws of the Republic of South Korea.  In the event the employee cannot fulfill the contract the employee must pay all costs (recruiting fees, any bonuses paid, and airline fees.  In the event the employee wishes to change schools the new school will settle the amount with the school to obtain a release letter.

14. 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.

15. MISCELLANEOUS PROVISIONS  1) 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.  2) You will be required to attend two events per year.  Halloween and Christmas.  You will be paid 20,000 won per hour.  You will be notified of the event dates one month prior.  You must attend even if you don’t celebrate it. 3) Medical and Pension will be split 50/50 between the employer and employee.


  • waygo0k
  • The Legend

    • 4118

    • September 27, 2011, 11:51:01 am
    • Chungnam
Re: Contract Help!
« Reply #1 on: December 13, 2015, 07:56:59 am »
Overall a chilled contract. One of the better ones I've seen.

Potential issues:

*they might fine you for tardiness

*have "medical" changed to national health insurance

*you have to attend staff meetings and workshops outside contract hours (unpaid).

Overall not bad...although 6 teaching hours everyday is a bit in the high side.


Re: Contract Help!
« Reply #2 on: December 13, 2015, 10:09:27 am »
For salary: what is 2._? There's a big difference between 2.1 and 2.4.

You'll have to go in on Christmas day. Overtime paid but it's not optional.

What is this whole business about paying back the recruiter's fee if you're terminated at the employer's discretion? Smells like BS. Theoretically, the employer could pull an 11th month firing on you and then happily not pay you flight, severance etc. but also force you to pay back a 'recruiter's fee', your prior bonuses, and flight ticket? Sounds friggin' dangerous to me. But if you like playing with fire...

Only 3 sick days? Is that legal? I mean...okay, okay...it's basically an unwritten rule in Korean society that sick days are not meant to be used and are severely frowned upon when used...but all other contracts I've seen 5-10 days. Odd. Also, you'll need a doctor's note even if you only get sick ONCE if you want to get paid for that day. Damn, this hagwon really likes to pinch the pennies eh? (not saying others don't)

Otherwise looks like a standard hagwon contract....expect the 120 hours to be full hours..... I.e. rather than teach 6 classes a day, potentially 8 45-minute classes a day. That would burn me out personally. But it's apparently standard for hagwon instructors here?
« Last Edit: December 13, 2015, 10:21:38 am by AlivePoet »


  • tamjen
  • Hero of Waygookistan

    • 1180

    • June 19, 2013, 08:08:14 am
Re: Contract Help!
« Reply #3 on: December 13, 2015, 10:48:20 am »
I am, admittedly, extremely picky when it comes to contract language. That's what happens when you've been a contract negotiator for the Teamsters.

But 3c and 7b are incongruous. The key is the word etc. First, it is absurd in the freaking extreme to have an etc. in a contract, second having etc. in 7b completely negates 3c as it allows the hagwan to not pay you if there are not enough classes to fill your regular schedule.


3 c) The Employee shall be paid with the mentioned salary in this contract even if the Employee works less than 120 hours per month due to lack of classes.

 7 b) If the Employee has not worked the regularly scheduled hours due to tardiness, absence and etc, the monthly salary will be calculated using a daily rate or hourly rate.


Please, do yourself a favour and DO NOT sign this contract without getting this straightened out.
Hail Caesar


  • Jeter2
  • Veteran

    • 141

    • September 24, 2015, 01:30:35 pm
    • NYC, USA
Re: Contract Help!
« Reply #4 on: December 14, 2015, 01:14:41 am »
Thank you for the input! If you were a teacher with 2 years of experience, a TEFL but it'll be your first year in Korea, what salary would you except for this position?


  • tamjen
  • Hero of Waygookistan

    • 1180

    • June 19, 2013, 08:08:14 am
Re: Contract Help!
« Reply #5 on: December 14, 2015, 08:43:51 am »
Thank you for the input! If you were a teacher with 2 years of experience, a TEFL but it'll be your first year in Korea, what salary would you except for this position?

I would expect a starting salary of 2.2 million Won per month.
Hail Caesar


Re: Contract Help!
« Reply #6 on: December 20, 2015, 05:01:32 pm »
So, I’m not able to send a PM for some reason, but I recognise that this is from my previous school. They never paid for xmas. The start time is actually 9:40. They never paid overtime for overtime work, such as making or grading tests. Typically schools that have you making lots of materials give ample time to do so by only scheduling 4-6 hours in class per day. At this school, you will be working 9:40-6:00 pm with 1 hour break for lunch, and 1 hour for grading daily assignments. It is a go-go-go environment that causes burnout for every teacher there. Do not accept this position.


Re: Contract Help!
« Reply #7 on: December 20, 2015, 05:04:26 pm »
p.s. big fancy apartment= doesn’t matter. You will have very little time to enjoy it anyways. Besides, every teacher there complained how dirty it was always left and the employers never paid to clean them.

PM me your email address and I’d be happy to give you more info