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Contract Review help please.
« on: July 06, 2016, 04:51:41 pm »
HI have received a contract EOS Suwon. The pay is a little higher, but not sure about how this contract looks. Got an initial liking from interview but one never knows!

Thank you so much, kind experienced people in the help to navigate the tricky waters of these contracts!!


EOS Employment Contract for English Instructors

Both parties agree to carry out the terms of employment as set forth in consideration of the mutual promises and

covenants contained herein, both parties hereto agree as follow:

Article 1 [Parties]

Employer Name of Company (주)에오스 (EOS) Principal

Location Kyong-Gi Yong-In Su-Won Yeongtong-dong 1030-1 Building

Name Registration

Address

Number

Article 2 [Workplace & Task]

The workplace and task of Employee is as follow; however, it can fluctuate depending on Employer’s

I. Workplace: Employer’s location and designated place by Employer as stated in Article 1

II. Task: Employee will be hired pursuant to this contract

Article 3 [Term of A Contract]

A. Contract Period: 20 . . . ~ 20 . . .

B. This Contract will be terminated on time unless a new contract has been made between two parties.

Article 4 [Teaching Hours]

1. The regular teaching hours are based on the monthly calendar and will be an average of 30 hours

per week, Actual teaching time is 34 classes per week. (1 class is 45/50 minutes).

2. Actual teaching is counted on the first working day and ends on the last working day of each

month; if week starts or ends on the middle of week, your working hours of week are calculated to

the last month payment.

3. If employee works overtime, it will be paid by overtime charge (20,000 won per hour).

4. Classes will be held from Monday to Friday.

– There can be several hours of additional teaching per month required by EOS.

– Classes and teachings are scheduled in accordance with the needs of the EOS Institute's

time schedule.

5. If 34 classes are not completed, the remaining classes can be transferred to the next month, which

may be transferred to additional months.

Article 5 [Salary]

1. The Employer agrees to pay the Employee a monthly salary of 2.3million won.

2. The salary is counted by monthly basis. The salary will be paid on the 10 th of the month following

each pay period. If the 10 th of the month is on the weekend or the holidays, the salary will be paid on

the following next day. When the Employee has not worked a full month, salary for that month shall

be paid on a pro rate basis either from the first day or until the last day of work.

3. Korean income and resident taxes will be withheld and it rates around 3.3%.

Article 6 [Orientation & Training]

The Employee is required to undertake orientation and training for 5 days. The purpose is to provide

Employee with the requisite familiarity with EOS operation and policies and to ensure that

Employee possesses adequate knowledge and skills related to duties of Employee. During this

period, no payment is given to Employee.

Signature: Employer ___________________ ___________ Employee ___________________ __________

EOS Wingsly School

Article 7 [Severance Payment]

Dependent upon successful completion of the full contract one-year period, the Employee will be

given, exclusive of the monthly salary payments, an additional one-month's salary at the rate

specified above. This payment will be made at the time of completion of the contract period. This

amount is also subject to Korean income and resident taxes.

Article 8 [Welfare]

The Employer agrees to provide the welfare of the Employee during the contract term. These

welfares will not be included in calculation of Employee’s severance pay.

A. Health Insurance

B. National Pension

Employer agrees to provide Employee with the medical insurance through the National Health

Insurance Corporation (NHIC). Employer agrees to provide Employee with a National Health

Insurance. Employee and Employer will pay fifty percent (50%) each of premiums. Employer

also agrees to provide Employee with a medical insurance card issued to Employee from the

NHIC approximately within 30 days of the contract starting date

Employer agrees to provide Employee with a National Pension Scheme. Employee and

Employer will pay fifty percent (50%) each of premiums.

Article 9 [Airfare]

The Employer agrees to provide the Employee a one-way trip ticket to Korea. However, in the event

which the Employee fails to complete the full contract term, Employee agrees to reimburse

Employer the cost of the airfare.

Article 10 [Holidays / Annual leave/ Sick leave/ Tardiness and Notification procedures]

1. Holidays

– There are 13-15 Korean paid holidays per year. The Employee is not required to work on these

2. Unpaid leave

– Unpaid leave is permitted only under extreme and unusual circumstances such as death or

holidays.

serious illness of self or immediate family member. Upon presentation of proper notice and

proof to the Employer, Employee may be granted up to 7 days of unpaid leave on completion of

12 month- contract.

3. Annual leave

– Employee is permitted to 10 days of paid leave per your contract period. Paid annual leave must

be taken during the EOS Institute's session breaks and at the end of the contract. Paid annual

leave must be taken during the session breaks such as spring, summer, Chuseok or winter break

based on the EOS Institute’s programs and teaching schedules, and the remaining days will be

paid at the end of the contract. The 10 days annual leave is divided because of the lack of the

native instructors at the institute.

4. Sick leave

– Employee is permitted 5 days of unpaid sick leave per year. Unpaid sick leave must be

accompanied with the proof of illness from a physician. Any unpaid leave can be deducted from

the teacher's annual leave. If the employee misses a class, it will be deducted from pay.

5. Tardiness

– If the Employee is more than 10 minutes late without permission, one hour's pay will be

6. Absences

– Absences without any notification and principal's approval will lead to 1.5 times deduction of

Signature: Employer ___________________ ___________ Employee ___________________ __________

EOS Wingsly School

deducted. If the Employee is late more than 3 times per month, one day’s pay will be deducted.

pay for that regular day's work. Absence with notification will lead to 20,000won/hour

deduction.

Article 11 [Housing]

1. The Employer is responsible for the payment of the rent. The Employer also agrees to provide easy

accessibility for the Employee with adequate living accommodations and condition. These basic

amenities include a bed, dresser, refrigerator, range stove, washing machine, hot water, and a

western style toilet.

2. The cost of monthly utility services such as the building/apartment’s maintenance, security fee, gas,

internet, cable, telephone charges and electricity bill will be paid by the Employee.

3. One day before the terminating contract, the Employee is responsible to clean up and organize the

apartment in good condition as the day Employee moved in. If the Employee fails to fulfill this, the

Employee should pay 60,000 won for the cost of cleaning up.

4. All of above living accommodations in Employee’s house shall be returned in clean and good

condition except for reasonable wear and tear and the premises shall be free of all personal property

and trash not belong to the house. It is agreed that all dirt, holes, tears, burns, and stains of any size

or amount in the carpets, drapes, walls, fixtures, and/or any other part of the premises, do not

constitute reasonable wear and tear. If any of above items is out of condition, the Employee is

responsible to pay damages according to Article 20.

Article 12 [Duties]

1. The following terms describe the duties of the employee. These duties are not considered, as

teaching hours or a part of the time schedule if there is no other indication, therefore, it has no

accordance with pay and overtime. The employee must accept these duties without any hesitations.

Failure to comply will lead to dismissal from the contract. During the term of this contract, the

Employee, as an English instructor, must accept the Principal and the Manager’s directions.

A. During the term of this contract, the Employee, as an English instructor, must accept the

Principal and the Manager’s directions.

– These duties will include instruction in all phases of the institutional English Program,

administrative duties related to the Employee’s classroom duties, attendance at scheduled

staff meetings and any other duties assigned by the Principal and the Manager.

herself/himself in a proper manner as a native speaker of the institute.

preparation.

B. The Employee must wear proper attire to work. Men must wear ties. The Employee must carry

C. The Employee must come to the institute before the time to attend the office for teaching

D. The Employee must attend lunch time with students every day.

E. The Employee must guide students to their buses after classes for safety regulations.

F. The Employee must attend all academic events.

G. The Employee must attend Teachers’ Workshop, Day Camp, PTA or Parent’s Presentation on

H. The Employee will be provided with the appropriate teaching materials necessary for the

I. Any lessons/subjects of the Employee that are not in accordance with the assigned Institute’s

certain Saturday.

assigned classes. However, if there are insufficient teaching materials, the Employee must

prepare teaching materials by doing research work for the specified classes.

program and schedule must not be taught to students. The Employee will be required to submit

lesson plans for the next day classes and get confirmation from one of directors at least one day

before the class.

J. The Employee must submit daily reports on each class taught before leaving work

K. The Employee must take part in performance for students such as children’s day (May 5 th ),

2. As a Homeroom teacher for a class, Employee should follow below duties:

A. As the Homeroom Teacher, duties include lesson planning, preparing for test paper and writing

B. The Employee should have phone call counseling with parents regularly (at least once a month

Signature: Employer ___________________ ___________ Employee ___________________ __________

EOS Wingsly School

Christmas party, and Halloween party.

monthly progress reports to parents in addition to other duties of English Instructor.

C. The Employee should prepare a weekly or monthly class plan (schedules) and homework for

D. The Employee should bind all loose-leaf paper class and activity materials to send home every

E. The Employee should take pictures of class students and send to parents monthly or on the date

F. The Employee should report to parents and management department when a student or students

G. The Employee make an acceptable and comfortable environment for students

for each class).

each class

month.

– Check students’ work before binding and fix every error.

that the Employer announce.

get injuries.

– Maintain classroom clean

– Decorate with proper themes according to seasons or curriculum.

H. The Employee should set your own class rules and be strict on keeping them.

I. The Employee should evaluate class level and set a proper lesson plan for each class.

J. The Employee should set a good relationship with each student and parents.

K. The Employee should communicate with native and Korean teachers for each class every day.

3. The Employee shall ensure every effort and time to accomplish below conditions:

A. The Employee must be approved in advance if the Employee plans to be absent from work due

B. The Employee shall not leave the building during working hours. (The Employee must be

C. Any tardiness, early leave, and/or absence from the building will be treated as unpaid working

D. The Employee shall not take any act to inhibit the company's interests and any collective actions

E. The Employee shall not share about one’s own wage information. Also, the Employee shall not

to illness or other unavoidable circumstances. Otherwise, it will be treated as the unauthorized

absence.

approved by the Employer, if the Employee has to go out or leave early due to illness or other

unavoidable reasons.)

hour(s).

for the purpose of something else other than the duty except for the cases approved by such

laws/regulations or approval from the Employer.

attempt to know other worker’s wages. The Employee should take all the disadvantages

resulting violations.

Article 13 [Deposit]

1. The Employee should deposit 100,000 won per month to the Employer as the reimbursement for the

entrance airfare and the house maintenance fee.

2. The Employer agrees to reimburse the deposit money back to the Employee at the end of the

contract period.

Article 14 [Contract Renewal]

Employee will be given the following renewal benefits on the assumption that the Employee

continues to work without and discontinuity in employment.

Employee will be given a raise of 100,000 won per month in recognition of Employee’s re-

signing of the contract for an additional year.

Article 15 [Confidentiality Observance]

1. The Employee agrees that the Employee will not disclose to others or use, whether directly or

indirectly, any confidential information for the Employee’s own benefit or for any purpose [It also

applies even after resignation]

2. Failure to comply with any of these provisions and cause any damage to company may result in

Signature: Employer ___________________ ___________ Employee ___________________ __________

EOS Wingsly School

disciplinary action being taken against the Employee according to Article 20.

Article 16 [Libel]

1. The Employee agrees to take no action which is intended, or would reasonably be expected, to harm

the Company or its or their reputation or which would reasonably be expected to lead to unwanted or

unfavorable publicity to the Company either by orally or using technologies such as the Internet,

SNS, email, or phone.

2. Failure to comply with any of these provisions and cause any damage to company may result in

disciplinary action being taken against the Employee according to Article 20.

Article 17 [Concurrent Offices]

1. The Employee agrees to not have concurrent offices without the permission from the Employer.

2. Failure to comply with above amendment and cause any damage to company may result in

disciplinary action being taken against the Employee according to Article 20.

Article 18 [Staff Handover]

1. The Employee agrees to announce to the Employer in writing before 60 days, if the Employee

decides to resign the job due to personal reasons Moreover, the Employee is responsible to handover

to designated successor or temporary employee 7 days before resignation.

2. Failure to comply with above amendment may result the Employer to a cut in salary according to the

Labor Standard Act. If it causes any damage to the Company, the Employer has the right to put in a

claim for damage according to Article 20.

Article 19 [Termination of the Contract]

1. The Employer may terminate this Contract for any one of the following reasons:

A. If it is determined that the Employee is prevented from or incapable of performing his/her duties

set forth in Article 12 hereof for a medical reason, whether it is a physical or psychological

ailment (If requested by the Employer, the Employee must be immediately available for a

medical examination.)

sentence).

B. If the Employee receives a serious criminal offense like imprisonment (including suspended

C. If the Employee is declared incompetent or quasi-incompetent.

D. If the Employee’s dismissal is determined.

E. If the Employee profoundly libel or slander the Employer or the Employee purposefully

F. If any other equivalent occasion occurs.

Article 20 [Compensation for Damages]

The Employee agrees to immediately compensate any damages (monetarily or non-monetarily)

occurred due to reasons attributable to the Employer either during under Contract or after

retirement.

Article 21 [Legal action]

If there is a dispute between the parties involved in this contract, parties agree to abide the final

judgment of the Korean civil court, or the Korean civil law, whatever the final decision may be. If

at any time the Employee leaves the EOS Institute without giving prior notice and going through

appropriate procedures, Employer has the right to pursue legal action.

interrupt the conduct of business.

Signature: Employer ___________________ ___________ Employee ___________________ __________

EOS Wingsly School

Contract is signed voluntarily by both parties (Employee and Employer). To prove this, the parties

hereto sign Contract in duplicate on the date entered below with each party retaining one copy.

Dated: ___________________ _________

Employer’s Signature: ___________________ _________

Name: ___________________ ___________________ ______

Position: ___________________ ___________________ ____

Dated: ___________________ _________

Employee’s Signature: ___________________ _________

Name: ___________________ ___________________ ______

Passport Number: ___________________ _______________


Re: Contract Review help please.
« Reply #1 on: July 08, 2016, 12:05:09 pm »
Still looking for any tips on this contract...
Trying to make a decision between schools..
  Main worry with this one is the daunting list of paperwork duties :/

Any help appreciated!


Re: Contract Review help please.
« Reply #2 on: July 08, 2016, 12:36:27 pm »
I am teaching on my first contract which started in May, so I will tell you what I think. It seems kind of sketchy to me, a lot of the sentences stop in mid sentence which is weird. I don't know if that is a good or bad thing because it could go either way. It could be good because if the sentence is not finish, it is hard to interpret and you do not have to fulfill whatever is being said. On the other hand, it could be that your boss is like 'well we meant this, so you have to fulfill it.' Another thing is the extra duties that you have to fulfill without getting paid. You have to do stuff related to your class but not get paid for it, well that sucks.
Lastly, the contract sounds really big brotherish. It outlines what you can and cannot do like you cannot discuss your salary with other people. Also, you are right about there being a lot of paperwork but I think all hagwons have alot of paperwork.


Re: Contract Review help please.
« Reply #3 on: July 08, 2016, 01:27:15 pm »
The part about being late three days in a month and being deducted a full day's pay I'm pretty sure is illegal.
Also, it states you must take your vacation days during times which the institution takes breaks.  It lists Chuseok as one of those breaks.  The problem is Chuseok is one of those 13-15 holidays.  Seems to me they might try to make you take your "vacation" during a time you are already entitled to have off. 
I'm no expert but this seems kind of sketchy.


  • jaehak
  • Veteran

    • 138

    • June 09, 2011, 10:45:21 pm
    • Seoul
Re: Contract Review help please.
« Reply #4 on: July 08, 2016, 01:27:33 pm »


There can be several hours of additional teaching per month required by EOS.

-That's pretty awful wording.  34 classes a week is more than enough.



5. If 34 classes are not completed, the remaining classes can be transferred to the next month, which may be transferred to additional months.

- That sounds pretty absurd.  Does anything in life work like that?  If I don't watch Netflix for a week, do I get a week for free?


2. The salary is counted by monthly basis. The salary will be paid on the 10 th of the month following each pay period. If the 10 th of the month is on the weekend or the holidays, the salary will be paid on the following next day.

- It should be the previous work day, not the following. 

3. Korean income and resident taxes will be withheld and it rates around 3.3%.

- Warning!  Warning!  Independent contractor rate.


The Employee is required to undertake orientation and training for 5 days. The purpose is to provide

Employee with the requisite familiarity with EOS operation and policies and to ensure that

Employee possesses adequate knowledge and skills related to duties of Employee. During this

period, no payment is given to Employee.

- No way.  Your "training" will probably consist of watching a current teacher for a couple classes or a whole day if you're lucky, then teaching his/her class on your own for the rest of the week.  For free. 


Article 7 [Severance Payment]


Article 8 [Welfare]


A. Health Insurance

B. National Pension


Insurance Corporation (NHIC)

- Good.

Article 9 [Airfare]

The Employer agrees to provide the Employee a one-way trip ticket to Korea. However, in the event

which the Employee fails to complete the full contract term, Employee agrees to reimburse

Employer the cost of the airfare.

- I'm old school so I'm totally opposed to one-way, but we may have lost that battle.  However, you should be off the hook for airfare after 6 months, not one year. 


2. Unpaid leave

– Unpaid leave is permitted only under extreme and unusual circumstances such as death or

holidays.

serious illness of self or immediate family member. Upon presentation of proper notice and

proof to the Employer, Employee may be granted up to 7 days of unpaid leave on completion of

12 month- contract.

-What?  So you can get up to 7 UNPAID days if you or a family member gets sick or dies, but only after you complete the contract?  This makes no sense at all. 

3. Annual leave

– Employee is permitted to 10 days of paid leave per your contract period. Paid annual leave must

be taken during the EOS Institute's session breaks and at the end of the contract. Paid annual

leave must be taken during the session breaks such as spring, summer, Chuseok or winter break

based on the EOS Institute’s programs and teaching schedules, and the remaining days will be

paid at the end of the contract. The 10 days annual leave is divided because of the lack of the

native instructors at the institute.

- This sounds a little sketchy, like Chuseok holiday days may be considered a part of your 10 days.  They shouldn't be.  It also reads like you will only be able to take a day or two here and there and not for a proper week's vacation.

4. Sick leave

Employee is permitted 5 days of unpaid sick leave per year. Unpaid sick leave must be

accompanied with the proof of illness from a physician.

- So zero paid sick days?  I think even McDonald's gives a couple paid sick days. 


5. Tardiness

If the Employee is more than 10 minutes late without permission, one hour's pay will be deducted. If the Employee is late more than 3 times per month, one day’s pay will be deducted.

- What is this, high school?  Basically this is saying if you are running a few minutes late, you may as well take an hour off. 

6. Absences

Absences without any notification and principal's approval will lead to 1.5 times deduction of pay for that regular day's work. Absence with notification will lead to 20,000won/hour deduction.

- No way.  This contract has A LOT of punitive clauses.  They really don't trust their employees.

Article 11 [Housing]

1. The Employer is responsible for the payment of the rent. The Employer also agrees to provide easy

accessibility for the Employee with adequate living accommodations and condition. These basic

amenities include a bed, dresser, refrigerator, range stove, washing machine, hot water, and a

western style toilet.

3. One day before the terminating contract, the Employee is responsible to clean up and organize the apartment in good condition as the day Employee moved in. If the Employee fails to fulfill this, the Employee should pay 60,000 won for the cost of cleaning up.

- I feel like they are going to charge that 60,000 no matter what. 


Article 12 [Duties]



A. During the term of this contract, the Employee, as an English instructor, must accept the

Principal and the Manager’s directions.

- Kinda ominous sounding...

– These duties will include instruction in all phases of the institutional English Program,

administrative duties related to the Employee’s classroom duties, attendance at scheduled

staff meetings and any other duties assigned by the Principal and the Manager.

herself/himself in a proper manner as a native speaker of the institute.

preparation.

- They are planning to work you to the bone.

B. The Employee must wear proper attire to work. Men must wear ties.
- At a hagwon for children in Suwon?

 
D. The Employee must attend lunch time with students every day.

E. The Employee must guide students to their buses after classes for safety regulations free advertising.

F. The Employee must attend all academic events.

G. The Employee must attend Teachers’ Workshop, Day Camp, PTA or Parent’s Presentation on certain Saturday.

- Yay!  Working for free on Saturdays!


K. The Employee must take part in performance for students such as children’s day (May 5 th ),
- Children's Day is a national holiday.  You should have the day off. 



B. The Employee should have phone call counseling with parents regularly (at least once a month

-What?  I've had to call students for phone tests before, but never parents. 



B. The Employee shall not leave the building during working hours.

- So no leaving and lunch with the students.  According to Korean labor law, you should get an hour break which you can use to do anything you want. 


Article 13 [Deposit]

1. The Employee should deposit 100,000 won per month to the Employer as the reimbursement for the

entrance airfare and the house maintenance fee.

2. The Employer agrees to reimburse the deposit money back to the Employee at the end of the contract period.

- Absolutely not.  You'll never see this money.  Essentially, you are making 2.2



1. The Employee agrees to announce to the Employer in writing before 60 days, if the Employee

decides to resign the job due to personal reasons Moreover, the Employee is responsible to handover

to designated successor or temporary employee 7 days before resignation.

- No.  Recruiting is not your job. 



C. If the Employee is declared incompetent or quasi-incompetent.

- lol.


No. No. No. 


Re: Contract Review help please.
« Reply #5 on: July 27, 2020, 07:08:38 am »
I want post after having chosen this school in case anyone finds on their search.
Please DO NOT WORK FOR THIS SCHOOL..
They were very misleading about the work schedule. It is hard to explain how bad it was but we had two teachers ran away together in the middle of the night. They then almost punished those of us that didn't. They were threatening to sue me when a teacher I talked to made the choice to not come to the school. If you can message me please feel free if you have any questions.
If you see EOS WINGSLY SCHOOL please RUN AWAY


Re: Contract Review help please.
« Reply #6 on: July 28, 2020, 12:15:36 pm »
HI have received a contract EOS Suwon. The pay is a little higher, but not sure about how this contract looks. Got an initial liking from interview but one never knows!

Thank you so much, kind experienced people in the help to navigate the tricky waters of these contracts!!


EOS Employment Contract for English Instructors

Both parties agree to carry out the terms of employment as set forth in consideration of the mutual promises and

covenants contained herein, both parties hereto agree as follow:

Article 1 [Parties]

Employer Name of Company (주)에오스 (EOS) Principal

Location Kyong-Gi Yong-In Su-Won Yeongtong-dong 1030-1 Building

Name Registration

Address

Number

Article 2 [Workplace & Task]

The workplace and task of Employee is as follow; however, it can fluctuate depending on Employer’s

I. Workplace: Employer’s location and designated place by Employer as stated in Article 1

II. Task: Employee will be hired pursuant to this contract

Article 3 [Term of A Contract]

A. Contract Period: 20 . . . ~ 20 . . .

B. This Contract will be terminated on time unless a new contract has been made between two parties.

Article 4 [Teaching Hours]

1. The regular teaching hours are based on the monthly calendar and will be an average of 30 hours

per week, Actual teaching time is 34 classes per week. (1 class is 45/50 minutes).

2. Actual teaching is counted on the first working day and ends on the last working day of each

month; if week starts or ends on the middle of week, your working hours of week are calculated to

the last month payment.

3. If employee works overtime, it will be paid by overtime charge (20,000 won per hour).

4. Classes will be held from Monday to Friday.

– There can be several hours of additional teaching per month required by EOS.

– Classes and teachings are scheduled in accordance with the needs of the EOS Institute's

time schedule.

5. If 34 classes are not completed, the remaining classes can be transferred to the next month, which

may be transferred to additional months.

Article 5 [Salary]

1. The Employer agrees to pay the Employee a monthly salary of 2.3million won.

2. The salary is counted by monthly basis. The salary will be paid on the 10 th of the month following

each pay period. If the 10 th of the month is on the weekend or the holidays, the salary will be paid on

the following next day. When the Employee has not worked a full month, salary for that month shall

be paid on a pro rate basis either from the first day or until the last day of work.

3. Korean income and resident taxes will be withheld and it rates around 3.3%.

Article 6 [Orientation & Training]

The Employee is required to undertake orientation and training for 5 days. The purpose is to provide

Employee with the requisite familiarity with EOS operation and policies and to ensure that

Employee possesses adequate knowledge and skills related to duties of Employee. During this

period, no payment is given to Employee.

Signature: Employer ___________________ ___________ Employee ___________________ __________

EOS Wingsly School

Article 7 [Severance Payment]

Dependent upon successful completion of the full contract one-year period, the Employee will be

given, exclusive of the monthly salary payments, an additional one-month's salary at the rate

specified above. This payment will be made at the time of completion of the contract period. This

amount is also subject to Korean income and resident taxes.

Article 8 [Welfare]

The Employer agrees to provide the welfare of the Employee during the contract term. These

welfares will not be included in calculation of Employee’s severance pay.

A. Health Insurance

B. National Pension

Employer agrees to provide Employee with the medical insurance through the National Health

Insurance Corporation (NHIC). Employer agrees to provide Employee with a National Health

Insurance. Employee and Employer will pay fifty percent (50%) each of premiums. Employer

also agrees to provide Employee with a medical insurance card issued to Employee from the

NHIC approximately within 30 days of the contract starting date

Employer agrees to provide Employee with a National Pension Scheme. Employee and

Employer will pay fifty percent (50%) each of premiums.

Article 9 [Airfare]

The Employer agrees to provide the Employee a one-way trip ticket to Korea. However, in the event

which the Employee fails to complete the full contract term, Employee agrees to reimburse

Employer the cost of the airfare.

Article 10 [Holidays / Annual leave/ Sick leave/ Tardiness and Notification procedures]

1. Holidays

– There are 13-15 Korean paid holidays per year. The Employee is not required to work on these

2. Unpaid leave

– Unpaid leave is permitted only under extreme and unusual circumstances such as death or

holidays.

serious illness of self or immediate family member. Upon presentation of proper notice and

proof to the Employer, Employee may be granted up to 7 days of unpaid leave on completion of

12 month- contract.

3. Annual leave

– Employee is permitted to 10 days of paid leave per your contract period. Paid annual leave must

be taken during the EOS Institute's session breaks and at the end of the contract. Paid annual

leave must be taken during the session breaks such as spring, summer, Chuseok or winter break

based on the EOS Institute’s programs and teaching schedules, and the remaining days will be

paid at the end of the contract. The 10 days annual leave is divided because of the lack of the

native instructors at the institute.

4. Sick leave

– Employee is permitted 5 days of unpaid sick leave per year. Unpaid sick leave must be

accompanied with the proof of illness from a physician. Any unpaid leave can be deducted from

the teacher's annual leave. If the employee misses a class, it will be deducted from pay.

5. Tardiness

– If the Employee is more than 10 minutes late without permission, one hour's pay will be

6. Absences

– Absences without any notification and principal's approval will lead to 1.5 times deduction of

Signature: Employer ___________________ ___________ Employee ___________________ __________

EOS Wingsly School

deducted. If the Employee is late more than 3 times per month, one day’s pay will be deducted.

pay for that regular day's work. Absence with notification will lead to 20,000won/hour

deduction.

Article 11 [Housing]

1. The Employer is responsible for the payment of the rent. The Employer also agrees to provide easy

accessibility for the Employee with adequate living accommodations and condition. These basic

amenities include a bed, dresser, refrigerator, range stove, washing machine, hot water, and a

western style toilet.

2. The cost of monthly utility services such as the building/apartment’s maintenance, security fee, gas,

internet, cable, telephone charges and electricity bill will be paid by the Employee.

3. One day before the terminating contract, the Employee is responsible to clean up and organize the

apartment in good condition as the day Employee moved in. If the Employee fails to fulfill this, the

Employee should pay 60,000 won for the cost of cleaning up.

4. All of above living accommodations in Employee’s house shall be returned in clean and good

condition except for reasonable wear and tear and the premises shall be free of all personal property

and trash not belong to the house. It is agreed that all dirt, holes, tears, burns, and stains of any size

or amount in the carpets, drapes, walls, fixtures, and/or any other part of the premises, do not

constitute reasonable wear and tear. If any of above items is out of condition, the Employee is

responsible to pay damages according to Article 20.

Article 12 [Duties]

1. The following terms describe the duties of the employee. These duties are not considered, as

teaching hours or a part of the time schedule if there is no other indication, therefore, it has no

accordance with pay and overtime. The employee must accept these duties without any hesitations.

Failure to comply will lead to dismissal from the contract. During the term of this contract, the

Employee, as an English instructor, must accept the Principal and the Manager’s directions.

A. During the term of this contract, the Employee, as an English instructor, must accept the

Principal and the Manager’s directions.

– These duties will include instruction in all phases of the institutional English Program,

administrative duties related to the Employee’s classroom duties, attendance at scheduled

staff meetings and any other duties assigned by the Principal and the Manager.

herself/himself in a proper manner as a native speaker of the institute.

preparation.

B. The Employee must wear proper attire to work. Men must wear ties. The Employee must carry

C. The Employee must come to the institute before the time to attend the office for teaching

D. The Employee must attend lunch time with students every day.

E. The Employee must guide students to their buses after classes for safety regulations.

F. The Employee must attend all academic events.

G. The Employee must attend Teachers’ Workshop, Day Camp, PTA or Parent’s Presentation on

H. The Employee will be provided with the appropriate teaching materials necessary for the

I. Any lessons/subjects of the Employee that are not in accordance with the assigned Institute’s

certain Saturday.

assigned classes. However, if there are insufficient teaching materials, the Employee must

prepare teaching materials by doing research work for the specified classes.

program and schedule must not be taught to students. The Employee will be required to submit

lesson plans for the next day classes and get confirmation from one of directors at least one day

before the class.

J. The Employee must submit daily reports on each class taught before leaving work

K. The Employee must take part in performance for students such as children’s day (May 5 th ),

2. As a Homeroom teacher for a class, Employee should follow below duties:

A. As the Homeroom Teacher, duties include lesson planning, preparing for test paper and writing

B. The Employee should have phone call counseling with parents regularly (at least once a month

Signature: Employer ___________________ ___________ Employee ___________________ __________

EOS Wingsly School

Christmas party, and Halloween party.

monthly progress reports to parents in addition to other duties of English Instructor.

C. The Employee should prepare a weekly or monthly class plan (schedules) and homework for

D. The Employee should bind all loose-leaf paper class and activity materials to send home every

E. The Employee should take pictures of class students and send to parents monthly or on the date

F. The Employee should report to parents and management department when a student or students

G. The Employee make an acceptable and comfortable environment for students

for each class).

each class

month.

– Check students’ work before binding and fix every error.

that the Employer announce.

get injuries.

– Maintain classroom clean

– Decorate with proper themes according to seasons or curriculum.

H. The Employee should set your own class rules and be strict on keeping them.

I. The Employee should evaluate class level and set a proper lesson plan for each class.

J. The Employee should set a good relationship with each student and parents.

K. The Employee should communicate with native and Korean teachers for each class every day.

3. The Employee shall ensure every effort and time to accomplish below conditions:

A. The Employee must be approved in advance if the Employee plans to be absent from work due

B. The Employee shall not leave the building during working hours. (The Employee must be

C. Any tardiness, early leave, and/or absence from the building will be treated as unpaid working

D. The Employee shall not take any act to inhibit the company's interests and any collective actions

E. The Employee shall not share about one’s own wage information. Also, the Employee shall not

to illness or other unavoidable circumstances. Otherwise, it will be treated as the unauthorized

absence.

approved by the Employer, if the Employee has to go out or leave early due to illness or other

unavoidable reasons.)

hour(s).

for the purpose of something else other than the duty except for the cases approved by such

laws/regulations or approval from the Employer.

attempt to know other worker’s wages. The Employee should take all the disadvantages

resulting violations.

Article 13 [Deposit]

1. The Employee should deposit 100,000 won per month to the Employer as the reimbursement for the

entrance airfare and the house maintenance fee.

2. The Employer agrees to reimburse the deposit money back to the Employee at the end of the

contract period.

Article 14 [Contract Renewal]

Employee will be given the following renewal benefits on the assumption that the Employee

continues to work without and discontinuity in employment.

Employee will be given a raise of 100,000 won per month in recognition of Employee’s re-

signing of the contract for an additional year.

Article 15 [Confidentiality Observance]

1. The Employee agrees that the Employee will not disclose to others or use, whether directly or

indirectly, any confidential information for the Employee’s own benefit or for any purpose [It also

applies even after resignation]

2. Failure to comply with any of these provisions and cause any damage to company may result in

Signature: Employer ___________________ ___________ Employee ___________________ __________

EOS Wingsly School

disciplinary action being taken against the Employee according to Article 20.

Article 16 [Libel]

1. The Employee agrees to take no action which is intended, or would reasonably be expected, to harm

the Company or its or their reputation or which would reasonably be expected to lead to unwanted or

unfavorable publicity to the Company either by orally or using technologies such as the Internet,

SNS, email, or phone.

2. Failure to comply with any of these provisions and cause any damage to company may result in

disciplinary action being taken against the Employee according to Article 20.

Article 17 [Concurrent Offices]

1. The Employee agrees to not have concurrent offices without the permission from the Employer.

2. Failure to comply with above amendment and cause any damage to company may result in

disciplinary action being taken against the Employee according to Article 20.

Article 18 [Staff Handover]

1. The Employee agrees to announce to the Employer in writing before 60 days, if the Employee

decides to resign the job due to personal reasons Moreover, the Employee is responsible to handover

to designated successor or temporary employee 7 days before resignation.

2. Failure to comply with above amendment may result the Employer to a cut in salary according to the

Labor Standard Act. If it causes any damage to the Company, the Employer has the right to put in a

claim for damage according to Article 20.

Article 19 [Termination of the Contract]

1. The Employer may terminate this Contract for any one of the following reasons:

A. If it is determined that the Employee is prevented from or incapable of performing his/her duties

set forth in Article 12 hereof for a medical reason, whether it is a physical or psychological

ailment (If requested by the Employer, the Employee must be immediately available for a

medical examination.)

sentence).

B. If the Employee receives a serious criminal offense like imprisonment (including suspended

C. If the Employee is declared incompetent or quasi-incompetent.

D. If the Employee’s dismissal is determined.

E. If the Employee profoundly libel or slander the Employer or the Employee purposefully

F. If any other equivalent occasion occurs.

Article 20 [Compensation for Damages]

The Employee agrees to immediately compensate any damages (monetarily or non-monetarily)

occurred due to reasons attributable to the Employer either during under Contract or after

retirement.

Article 21 [Legal action]

If there is a dispute between the parties involved in this contract, parties agree to abide the final

judgment of the Korean civil court, or the Korean civil law, whatever the final decision may be. If

at any time the Employee leaves the EOS Institute without giving prior notice and going through

appropriate procedures, Employer has the right to pursue legal action.

interrupt the conduct of business.

Signature: Employer ___________________ ___________ Employee ___________________ __________

EOS Wingsly School

Contract is signed voluntarily by both parties (Employee and Employer). To prove this, the parties

hereto sign Contract in duplicate on the date entered below with each party retaining one copy.

Dated: ___________________ _________

Employer’s Signature: ___________________ _________

Name: ___________________ ___________________ ______

Position: ___________________ ___________________ ____

Dated: ___________________ _________

Employee’s Signature: ___________________ _________

Name: ___________________ ___________________ ______

Passport Number: ___________________ _______________

There is a good article on Reddit on contract reviews that is written by Korean Labor Attorney's.
https://www.reddit.com/r/Korean_Law/comments/fguie1/korean_employment_contract_reviews/

The key points are really the what Social Insurances are you being registered for in case there is another outbrek of COVID.
Also posting the name of the Employer, or the contract for that matter, may allow them to criminal charge you because:
1) Disparaging remarks are a crime against reputation which is part of the Criminal Code in Korea and there is a specific law in the Criminal Act on online posts
2) posting the contract online violates any non-disclosure requirements which may be an automatic violation of your contract terms


If you read the post you will find out that if the clause in the contract is not better than the Labor Standards Act the LSA will apply and not the clause in the contact and "orientation" is to be paid at the ordinary daily wage rates, any penalties in the contract are null and void (there is a Supreme Court ruling on that) so those are "empty words" and the most important item is the contractual work hours (teaching hours have no meaning) and you are working 2 hours of overtime per week give the the hours in the contract.

You should really read the article and the reddit sub has many detailed articles on many many many items of Korean Labor Law

Cheers


  • waygo0k
  • The Legend

    • 4181

    • September 27, 2011, 11:51:01 am
    • Chungnam
Re: Contract Review help please.
« Reply #7 on: July 28, 2020, 07:27:00 pm »
34 classes a week is 7 classes a day...well, 7 classes a day for 4 days and 6 classes on the 5th.

That alone is enough to make me nope my way out of there...unless they agree to a deduction of 10 classes per week, with none of that carry over rubbish.

And that's before addressing the blatantly illegal parts of the contract.