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Dear colleagues,
Next to the provincial governors and their assistants, teachers have the highest respect in Koreans' eyes. In Korea, Teacher's Day is celebrated in the Family Week. A teacher has a respect greater than a Korean's own parents. This is according to the Korean culture, and it is what Korean teachers naturally expect to see from their young and adult students, even till the students are old and gray. Bearing that in mind, you can imagine what kind of treatment and conditions you should expect to see at work, in Korea. Expect it, and it shall be given to you!
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Since I am no longer available for proofreading contracts, I have perfected this contract adding a lot of notes, so that you can proofread any contract by yourself.
This is a Normal job contract - the type offered by many decent schools in Korea. In fact the points here are driven from the contracts of the Korean English schools I worked for when I still was a fresh teacher in Korea. Today the decent schools' contracts are much better than this one here, while the bad schools offer less than this minimal contract.
Knowing that the conditions offered here are basic and not top conditions, you can easily figure who the good employers and who the abusive ones are, by seeing the conditions they offer in their contracts.
When you use wisdom, and don't rush - guess what happens?! You get a good job! :-)
Success is your faith, or you would not have come to seek this piece of information! For your own use, you can copy and paste this contract into a MS Word file; and for sending to the employers you can use the copy from the "Contract for Printing" page.
Points in Red show my advice to you. Points written in GREEN ARE ABSOLUTELY ESSENCIAL TO
HAVE IN YOUR CONTRACT. MISS THEM, AND YOU'LL GET CHEATED.
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT is made between
Mr./ Mrs. ...................... the owner of ............... School hereafter referred to as 'employer', and English instructor Mr./Ms. ........................hereafter referred to as 'employee'. The employer is not a recruiter and shall employ the employee to work at his/her school, only at this address: ........ ........... street, ............. city, Postal Code ........, S. Korea.
No recruiter should sign a contract with a teacher, as no employer should send a teacher working around at other schools - as it's a BIG SIGN of the coming abuse.
This EMPLOYMENT AGREEMENT has been made firm, this ...... day of ........./.........
The points of this contract cannot be renegotiated during its term.
Conditions of this Contract Are:
1. TREATMENT & RESPONSIBILITIES
We, the employer and the employee are individuals of equal human value and will treat each other as such. We sign this contract so to harmoniously and respectfully exchange our services as agreed upon here.
The service of the employee is to offer a work in the way that is agreed upon here. The employer will return the employee's work, with providing a peaceful and respectful work environment, and also with material and service -supports such as housing, salary, medical insurance, etc, as agreed upon in this contract. The school agrees that the teacher, in his / her free time, can engage in legal activities including teaching private classes (only to students who don't attend this school).
Here the point is to make a clear statement that the Korean employer can't deal with you, the same way s/he deals (in a Master-Servant manner) with their Korean employees. Some of the nasty employers will get offended by this paragraph (that says s/he and his employee are equal humans) and so s/he won't sign the contract; while a good employer will find this paragraph 'natural to agree with'.
*Dangerous: If the contract reads 'the employee will follow the instructions of the management in ...' . Signing such a contract is nothing short of selling your soul, because the contract does not say what the management will ask you to do- it is left open for them to decide! So always keep this in the contract: The service of the employee is to offer a work in the way that is agreed upon here.
* NEWS: Dec. 2005: Latest news from Korea: Recently the government declared teaching private classes by foreign teachers as LEGAL in Korea. So, the only thing that could kick you out of Korea if you ever got caught teaching private classes IS A BAD CONTRACT that conditions your private teachings to the employer's approval.
2- GUARANTEED WORKLOAD, HOURS, DAYS
The Guaranteed workload is 25 clock hours per week, or 100 clock hours (also equal to 120 classes of 50 minutes each) per 4 weeks 'Pay Period'. The term 'guaranteed hours' means that the employee's minimum salary remains the same no matter how few his / her teaching hours may become in a pay period. It also means that the unused teaching hours of one pay period cannot be moved for use in future pay period/s.
Teaching hours are organized by the school, in a block, a maximum of ... hours (40 or 50 minutes class, 10 minutes break) a day, from Monday through Friday from ...... hrs. to ...... hrs.
In one contract year, the employee will participate 'on his/her time', in a maximum of 3 school events, each no longer than 7 hours. A five-minutes preparation time for each class session, and a 30-minutes teachers' meeting per week is also 'on employee's time'.
** Unpaid class preparation is a maximum of 5 minutes, before each class. Longer preparation time will be considered as overtime.
**Overtime is not obligatory. Any activity for or with the school in excess of what is agreed upon here (in paragraph 2), will be regarded as overtime.
* Good schools will not keep you at school longer than 6 or 7 continuous hours a day. Split shifts and longer shifts do waste your morning and evening together. Evening is the best time for your private classes, that's why it is called 'golden hours' by the schools.
** If the total of 4 or 5 hours a day are organized in two blocks during the day, in a way that it gives you plenty of time to enjoy your days/nights, it may be a good choice to take the job PROVIDED the hours are written in the contract, so they cannot cheat and increase or spread them, later in the year.
*** Some schools will offer you a contract with good hours like form 3 PM to 9 PM, 5 days a week; and after a couple of months they try to give you a split-shift. THAT'S WHY THE HOURS OF PRESENCE AT THE SCHOOL MUST BE IN THIS NON-RENEGOTIABLE CONTRACT'.
**** ALL abusive schools have one or more tricks to make sure the teachers work more than 100 clock hours per 4 weeks period (25 a week). The final solution thus is to mention the 100 GUARANTEED hours (25 a week) limit, and the free work hours (prep, meeting, ...) in the contract.
3. PERIOD OF EMPLOYMENT
The total Term of this Contract Is ...... calendar months, from ...... / ...... / 2004, to ...... / ...... / ......
Some schools try to twist the wording so to get longer than a-year-long contract, or to avoid counting national holidays and your paid vacations as paid holidays (ECC schools are famous for that). Writing the dates makes it clear.
<<< Using numbers and names (anywhere possible) makes a perfect contract. >>>
4. SCOPE OF WORK
* Teaching Conversational English. Target students from .... to .... years old! * Class preparation work. * Attending teachers' meeting. * Participating in up to three school activity days.
*As said before, a cheat school will have a phrase that means: The teacher agrees to work in hours and the way directed by the school management. Signing a contract like that, is nothing short of selling your soul; because the phrase means if you are asked to do something that is abusive to you, you have no choice to refuse, except for quitting.
5. SALARY & OVERTIME PAYMENT
a. The period of '20 weekdays' (in a period of four continuous weeks) is one 'Pay Period'. There can be no unpaid gaps in one Pay Period, except for the 2 days of each weekend (if the teachers in not working on those days) and the Sick + Leave -days that are in excess of 6 days per year. Also, there can be no unpaid gaps between two Pay Periods, from the first day to the last day of this contract.
b. Regardless of how few the employee's work hours in a 'pay period' may be, his/her minimum pay is Q= ......... won per (20 weekdays in 4 continuous weeks). All vacations, national holidays and maximum 6 annual leave + sick -days are also paid days, at the same rate, without the employee being asked to work to make up, for these days. Monthly (30-31 days) salary is calculated by adding the pay for the 2 or 3 remaining weekdays of that month, to the '20 weekdays' pay.
The pay for one weekday = (Q : 20). As such, for a 31-days month the pay is = Q + 3 x (Q : 20) + any applicable overtime pay. In those 2-3 days the workload cannot exceed an average of 5 clock hours of class per day, unless overtime pay is paid for the extra hours.
Your salary should not be lower than 1.9 million won for 100 guaranteed hours in 4 weeks, for an inexperienced person with a BA degree that is not related to education. Some schools say 100 hours in one month, while mentioning 25 hours work week. That creates an unpaid gap of 2 to 3 days a month. The correct monthly pay will be calculated from adding 4 weeks and the 2-3 days' salary. Some schools separate the pay periods so to render your holidays or vacations unpaid.
c. Overtime. Any action and participation of the employee at the school or outside, directed by the school, that is above the agreed upon hours mentioned in this contract, is regarded as overtime work, and is compensated at the rate of ......... Won / 60 minutes.
Many crooks try to pay you an overtime rate that is less than, or about your normal hourly pay or (Q : 100).
d. Overtime is calculated and paid on Monthly Basis together with the monthly pay. Work / service hours in excess of 100 hours in a 4-weeks Pay Period, is considered as overtime work. Overtime includes: Extra class-preparation, Making Teaching Material, Translating, Meetings, Open house, Entertaining parents, Student minding, Camping, *and any other action or participation in or outside school that is arranged in agreement with the teacher, by the school, for the teacher to do or to attend.
Some schools try to keep the overtime pay, till the end of the contract; and on the way, find excuses and accusations to avoid paying it to you. Honest schools pay the overtime with your salary, every month.
e. The monthly pay of the employee will be made without delay on or prior to, the 'pay day' that is the .......day of each month. The payment of the salary and overtime are made up to date on the pay day. If the pay day falls on a holiday, the payment will be made on the last workday before that.
The payment of the last month's salary and overtime, plus the annual bonus will be made on the last day of this contract (as per paragraph 3 of this contract).
Some schools may hold a 10 days pay, and pay you the 10th of the month for the last month's work. This is practiced both by decent or indecent schools. Never accept longer than a 10-days hold.Delaying the pay is practiced by few employers. Some bad schools who may be out of cash do delay your pay for over a month's period, so to make sure that you choose to leave without getting paid for your couple of months of effort.. This happens rarely, but it does happen. SO BE SURE to act quickly AS SOON AS YOUR PAY IS DELAYED. Give them a Firm and Polite ultimatum. And if no immediate payment was made. Report to 1- your embassy, 2- immigration, and 3- police immediately. A little shyness, and you'll lose your pays and job together.
f. If the school requires the teacher to travel to different workplaces, All Hours of traveling/work in excess of 25 working, and 5 traveling hours a week, will be considered as Work hours, and the school will also pay for the full cost of the employee's traveling from his/her home, to all the workplaces, and back to his/her home.
Schools that require your traveling, above your teaching hours at their school, are normally trouble schools. If you really want it, make sure you have the above point in your contract.
6. TAX & DEDUCTIBLES
Income tax of ... %, and the employee's half of the 'health insurance premium' equal to ....... won will be deducted from the employee's monthly pay. No other fees whatsoever will be deducted from the employee's pay.
Absolutely necessary point, or crooks will deduct anything from the copy papers to exaggerated bills from your pay. Income tax is normally 3%. 6% is top. 1/2 of Health Ins. Prem. is not more than 30,000 won a month. The school (not you) should pay your residence card fees.
7. RENT FREE, FURNISHED HOUSING
Housing is a rent-free, private (not shared) suite in a house or in an apartment building located within 10 minutes walking time from the workplace mentioned in this agreement. The flat is Clean, Sunny, & Quiet. The flat includes a bedroom, combined kitchenette / dining space, a bathroom, etc. Basements, bachelors or student rooms ("officetel"), shared flats, dark, humid, dirty, or rat / mold -infested places, or places in noisy or dangerous areas are not acceptable accommodation.
This spotlessly clean rent-free apartment will be offered to the employee on his/her arrival day, and it must be returned to the school in the same shape when the employee leaves the institute.
* As required by the Labor Law, in this accommodation, privacy of the employee is respected meaning no one will enter this suite except with prior permission of the employee. For doing repairs, help, etc, the employer needs to seek the employee's permission for entry, one day in advance, or if the employee prefers, it can be done on the same day.
* Furniture: is Clean and in Good (not worn-out) Condition. Bed, bedding, sheets, desk, curtains, closet, table, dining set, VCR, TV, washing machine, phone, fridge, stove, clothes rack, pots, pans, dishes, cutlery, fan or A/C, and a working heating system, are already in the apartment.
The furniture and the appliances provided are clean and in good working condition, and must be returned to the school in the same condition on the last day of this contract.
* Maintenance of, and Repairs to the apartment, the appliances, and the heating system, as well as replacement of worn-out furniture, are the responsibility of the employer.
* The utilities (heating, power, phone, internet, cable) of the suite are paid by the employee on monthly basis.
* Second to the governor and his assistants, the teacher has the highest position in the eyes of Koreans. So, in the beginning Koreans provided the teachers with really nice new apartments they thought were 'Worthy' of teachers. Later some teachers accepted less prestigious flats in houses (called Juteg).
** Some dishonest schools offer student flats or rooms with an outside shared bathroom, to the teacher. These rooms are often called 'officetel' in Korea. A school offering a teacher such a flat, is regarded by Koreans, as insulting its teacher. Having seen these rooms, I agree with them that such a place should not be offered to any employee.
*** Schools that offer money instead of already rented apartments, are trying to cheat you under the name of allowing you to choose your own home. They offer non or very little furniture, and too often the rent or key money they offer wont get you a decent place. So far I have not come across an honest offer of this kind.
8. SAME DAY RESPONSE
Should the employee report a problem with the heating system, fridge or stove, or should s/he need medical attention, On the same day, the employer will help or hire help to solve the problem.
Many flats do have older fridge and heaters that often need repair, but even the good Koreans think you don't know about Korea, so you must be mistaken if you report a problem!!
9. PAID HOLIDAYS, LEAVE & SICK-DAYS
The employee will have one week paid vacation in the winter, and another week of paid vacation in the summer. The vacation time is announced to the employee, at least 2 months in advance. The paid vacations are in addition to the 6 paid leave / sick -days per year. A physician's approval is needed, if the employee needs to take more than one sick-day at a time.
All the above mentioned days are considered as work days, it means the employee is paid the same salary and overtime pay as usual, and will not be asked to work extra hours to make up for these days, nor can these days come off his overtime hours!
* The vacations do come in min. of one-week blocks, and cannot be divided.
* If the employee agrees to stay for an additional year, s/he will be entitled to a month Unpaid vacation before s/he starts the next year's work.
-- Honorable private schools (hagwon) should offer 'at least' one week (5 days plus the weekend) vacation in winter, and one more week in the summer. They must offer 5 to 7 days of paid sick-days, and pay you in all public holidays, as well. Government schools offer 3 months vacation in a year. ** If you are agree to work in these vacations, you must be paid overtime for all these work hours.
*** Cheats will ask you to work extra during the rest of the year so to "earn" your vacation hours. They tell you the "paid vacation'" just means that, in Korea!! Other crooks try to take your vacation out of your overtime hours.
To protect yourself against all sorts of tricks of the monkey, just use this above paragraph in your contract.
10. DRESS CODE
Clean and proper shirts and pants in the winter, Dressy shorts and T-shirts in the summer are acceptable work attire.
If you think you can wear ties, shirts, and pants in the hot and humid Korean summer, and not walk in them like in your wetsuit, you can use this point as a bargaining card, and agree to wear business attire if they agree to give you another thing you really want.
Yes, in the Orient everyone acts like a 'used car salesperson'! Get Assertive, or drop the game!
11. MEDICAL INSURANCE
* From his first workday the employee will be covered for his dental and medical insurance by the 'Korean National' Medical Insurance. One half of the insurance premium is to be paid by the employer and another half is to be paid by the employee.
*Payment of the employee's half of the insurance premium will be made by deduction of the same out of his/her monthly salary. The premium rate is 1.5% of the monthly pay.
Many Medical Insurance providers in Korea charge you a lot and offer close to nothing when help is needed. If you are not covered by Korean National Insurance, demand to see the company insurance policy, before you sign the contract. Some employers conspire with some insurers and cheat teachers by sharing the teachers' portion of the premium amongst themselves, and make sure teachers get nothing back, when they need help.
12. AIRFARE, VISA, & 'VISA RUN'
* a- A prepaid economy class round trip ticket is sent to the employee, by the employer, so to fly him/her from the international airport closest to his/her original home address, to his/her workplace in Korea, and back to the first international airport. The employee keeps the return ticket.
* Should the employer need to send the employee to another country to obtain Korean 'work visa', it is done within 2 months from employee's arrival day in Korea, and all costs of traveling / transportation, hotel, and food for the visa trip will be covered by the employer.
* All costs of 'residence visa' and 'residence card' in Korea are also covered by the employer.
13. BONUSES
In accordance to the Korean labor Law, the annual bonus equivalent of the employee's monthly pay, is paid to the employee on the last day of this contract REGARDLESS from his/her renewing his/her contract for another year, or not.
Six-months contracts do come with a bonus of 1/2 month's salary. (If you have a 6-months contract)
* Contract Renewal Bonus of 2/3 of teacher's salary is paid to him/her upon renewal of this contract for another year. The next year's contract will not offer a round trip airfare. An annual pay raise of 7% will be added for the 2nd year's contract. The conditions of the contract can be renegotiated by the parties, for a 2nd year's contract.
The employers in Korea decide on a salary rate while taking to account these standard Korean bonuses. Every Korean and foreign worker in Korea is entitled to these bonuses - the bonuses are actually parts of your annual salary.
14. DISCIPLINING STUDENTS
Due to the employee's lack of knowledge of the students' mother tongue / culture, the school principal and the local assistants will eagerly assist the employee, should s/he ask for help in disciplining the students.
In unlikely case of a student disrespecting the employee, the employer warns the student that s/he can be dismissed from the school, and if the problem persists after a 2nd warning, the dismissal will take place.
This is to prevent some inexperienced schools from sweetening a rude student in fear of losing a customer. As experienced schools and teachers, have experienced, if many students and their teacher in a class are made unhappy by one rude student, the school loses many more valuable customers and many more valuable teachers, with them. So they Fully support their teachers, if the teacher considers a student disrespectful.
15. DISMISSAL OR VOLUNTARY RESIGNATION
* The Employer and the employee reserve the right to end this contract, in any of the cases mentioned in this paragraph.
* It is agreed hereby that 'Copy of the employee's resignation or dismissal notice' will act as his legal 'Release Paper'.
Dismissal can take place if the employee:
a. neglects his/her duties stipulated in this agreement.
b. is frequently absent from work.
c. does not report to work for over 15 days.
d. has to take an extended (longer than 30 days) sick leave even if recommended by a registered physician.
*In cases 'a' and 'b', the employee will have 20 days after each warning letter, to correct the situation. In case 'c', the employee will be paid to the last day of his/her Work. In case 'd' the employee's last paid day will be the dismissal day.
Resignation can take place if the employee perceives:
a. Continuous disrespect, or negligence of his/her human rights.
b. Employer's negligence of the points of this contract , including on-time pay.
c. Death or severe illness of a family member, or severe illness of the employee.
*In case of resignation, employee is paid up to his/her last day of Work, and no fees except for the amount shown on his/her apartment utility bills, his/her monthly 'income tax & health insurance premium' - will be deducted from his pay.
** All the accounts / pays on either side, as explained in this contract, must be settled by the last day of teacher's work.
***The employer will automatically give the 'release paper' to the employee, on the last day of this contract. Any further co-operation of the employer and the employee can only happen after the employee has received the release paper.
**** During the last two months of this contract's period the employer cannot dismiss the employee, unless the employer pays the employee his annual bonus, in addition to his up to date pay, on his last workday. This is to stop illegal dismissal by an employer who wants to save the annual bonus by firing an employee before the contracts last day.
Make sure you have the point: ( ... teacher perceives: a. Continuous disrespect, or negligence of his human rights. b. School's negligence of the points of this contract , including on-time pay.)
Because the Korean law is open and easy in this area, its important that your perceiving abuse is enough reason for your resignation.
RELEASE PAPER is needed even if you fulfill your one year contract. Without it you cannot work in Korea for another employer, before the final day of this contract. Writing that the dismissal/resignation notice shall work in place of your release paper, insures that the employer cannot play games (as many do) when its time to get that paper.
16. GOVERNING LAW & JURISDICTION
This Agreement is governed by the 'Korean Labor Law for Foreign workers'. As expressed by this Law: at any given time the conditions provided in a work contract must be the same or better than the conditions required by this law.
This Agreement is made final and firm.
School's Name and address:
........full school's name........
Employer's name Employee's name
.....full name...... ...................
Employer's signature Employee's signature
have their signature before
you sign or fly to Korea. .....................
Date & place Date & place
.....date....... ..............
Obviously, NEVER sign a contract that says something to the effect of “the employee will indemnify the employer for the costs arriving from a legal action/complaint of the employee.” Such terms obviously mean that they can not only take back what they have to give you by the law, but also that they can sue you for having stood up and won against them, in the court.
BE SURE TO RECEIVE A SIGNED CONTRACT before you sign and return it. Evil schools do not send a signed contract so that they can change the conditions after your arrival!