Contract review - Korean hagwon

Employment Agreement

(Name of English Teacher)

(Name and address of school)

Clause 1 (Purpose)
This contract is made for the purpose of setting forth the terms and conditions of employment for native English teachers who work in (school).

Clause 2 (General Appointment)
Teacher agrees to employee as an English Instructor of a (school) during the period stipulated herein. In signing this mutual agreement, we each understand fully or responsibilities and obligations to the other party. This Employment Agreement will be issued and completed in duplicate for the records of Teacher and (school). Employment elsewhere shall not be permitted in accordance with Korean law.

Clause 3 (Period of Employment)
The total agreement term is approximately on 13 month, commencing from the first date of teaching in the Republic of Korea and to the last teaching day of the contract. If your starting date on your contract and your real starting date are different, your contract begins the day that you get here and will be good for a year. Actual contract starting period will be the first day of school and last until the following year. Every year, the contract has the potential to be renewed

Clause 4 (Supervision)
Teacher will work closely with (school) program supervisors and other colleagues in the planning, observation and review of instruction. (school) will observe Teacher’s class informally for help at anytime, and formally according to a given schedule for evaluation of Teacher.

Clause 5 (Teacher’s duties)
Teacher will respect the written, verbal, and tacit rules and standards of conduct of (school). Written rules and standards of conduct of (school) are as follows:

• Teacher must follow the advice and direction of the principal and academic director.
• Teacher must have lessons prepared prior to the start of any class.
• Teacher must be punctual at all times.
• Teacher must attend all staff meetings-4-8 times per month.
• Staff meetings and school events will be scheduled at the discretion of the (school) director. The attendance of Teacher is mandatory. Staff meetings will allow time for discussion of topics of current concerns within the program such as new policies, procedures, methods of training, instruction, curriculum and other matters as needed. (school) staff is encouraged to help work out practical solutions to problems at these meetings.
• Teacher must take enough rest on Sunday evening in order to be energetic on Monday.
• Teacher may be assigned many classes and can be changed without notice, also should follow directions.
• The preparation time, student evaluation and staff meetings are not considered as teaching time. Teaching time is considered to be time spent instructing in the classroom.
• Teacher should keep his/her students’ records such as attendance, evaluation, test forms, test results, conference meeting records, classes’ program of supplements etc...
• (school) sill have one day workshop (include performance day, parent meeting) during the year contract and will be held on Saturday or Sunday or a weekday evening. Please note this workshop is considered as part of the teacher’s monthly salary and the teacher doesn’t receive extra pay for this workshop.
• Teacher must obey the laws, regulations, instructions and ordinances of the national and local Korean governments. The onus is on Teacher to become familiar with Korean laws, regulations, instructions and ordinances prior to arrival. Teacher is required to be punctual, reliable and professional in representing (school).
• Teacher will be responsible to supervise and care for children during working hours. While children stay in the school, they can stay safely
• Casual wear is acceptable, however, jeans with holes, wrinkled or dirty clothes, and sweat pants are not considered proper attire.
• Teachers shall make his or her classroom clean for smooth proceeding.
• If class hours are less than the agreement, the director or head teacher shall be able to indicate tasks related to students' living in the school and the teacher should follow his or her instruction.
• Teachers shall manage their corresponding classrooms and try to maintain clean environment to lead classes smoothly
• Teacher must keep a teacher's diploma in school for validity of academic background and publishing it in the school’s bulletin.

Clause 6 (Work Schedule)
The workweek runs from Monday through Friday. Hours of operation are from 9 A.M to 6 P.M. Class instruction hours for one week are up to 30 hours. Teacher will be scheduled to teach during this time period by the director. There can be a possibility of long preparation time between classes. Teacher will usually, although not necessarily, be scheduled in shifts. If class instruction hours are less than 30 hours for one week, Teacher will be required to devote the remaining hours to related academic work under the supervision of the (school) academic coordinator.

Clause 7 (Salary)
(school) agrees to pay teacher a monthly salary of 2.2 million won, paid in Korean currency. The salary will be paid on a monthly base. Each month’s salary is calculated based on up to 30hours of actual instruction hours for a week.

The salary will be paid per month on the 15th of the following month. If the 15th falls on a Saturday, and if it falls on a Sunday, the salary will be paid on the 16th. The first month and the last month’s salary will be based on the teacher’s actual working days. (Monthly salary/working days of the month * actual teaching days. Orientation period is not included in actual teaching days.)

If Teacher should be absent from work without having obtained a prior approval, Teacher’s salary for that month shall be deducted by the amount calculated on a prorate basis for the number of unauthorized absent days. Teaching hours that exceed the contracted weekly hours (30hours) are remunerated at 20,000 won per one hour. Teacher could be required to work any additional hours that (school) may request. All instructors are required to substitute for other teachers who may be sick or absent.

Clause 8 (Severance Pay)
Upon successful completion of the one-year contract, (school) will severance pay according to Korean law.

Clause 9 (Orientation Period)
The first 5 days would be orientation and teachers shall make their efforts to adopt themselves to our school's system and students' property and attitude in this orientation period. School will pay 60,000 won to teachers as salary regardless of their teaching and training in the orientation and then, School will pay them normal salary calculated from working days.

Clause 10 ( Medical Check & Alien Registration card )

1. Korean Immigration requires a health test for HIV and drugs: heroin, philopon, cocaine. After employee arrives at the Institute, employee will go to the hospital for health test. If the result comes back bad, employee’s visa will be cancelled by immigration, and air ticket fee to Korea will be refunded to the employer. A teacher shall pay his or her medical examination.
2. A teacher shall submit his or her alien registration card required by Korean Government within sixty days and its cost shall be paid by him or her.

Clause 11 (Sick day & Pay Deduction)
Teachers will have unpaid sick day only with the doctor’s diagnosis. A doctor’s invoice with the diagnosis. Teachers will have total of 4 unpaid sick days during the duration of the contract. When a teacher takes a sick day the school, the day’s wage will be deducted from the salary. We can permit sick leave which requires more than one day hospitalization with a doctor's medical certificate. If a medical certificate is not attached when in sick leave, it can be considered to be absent without leave.

Clause 12 (Tax)
Republic of Korea income tax, pension, and health insurance will be withheld automatically from the monthly salary of the Teacher. Income tax on the monthly salary and the severance payment runs at about Korean tax rate for foreign teacher.

Clause 13 (National pension and Medical Insurance Plan)
School will provide National pension and Medical insurance 50%.

Clause 14 (Housing)

1. Studio apartment will be provided free of rent by (school)
2. Prior to moving in, teacher and (school) will go over the appliances and furniture to agree on the condition
3. Utilities will be paid by the teacher
4. Any repairs needed on the appliances after the teacher takes up the residence will be paid by the teacher
5. The condition of the apartment will be checked at the end of the contract and any repairs needed to bring it up to the original condition will be paid by the teacher.
6. The teacher is responsible for paying the apartment maintenance fee. <(ex) Electric, gas… etc>
7. Teacher can’t sell or rent of housing’s appliances and furniture.

Clause 15 (Deposit)
300,000 won a month will be deducted from teacher's salary from the beginning month of employment to the third month. If a month’s expenses, utility cost and telephone fee, which are to be paid by the teacher, are completed paid at the time of expiration of employment, it should be agreed that the employer reimburses the teacher for the full deducted amount of the deposited money to the teacher. If the employer pays all month’s expenses, utility cost, telephone fee and other housing maintenance cost at the time of expiration of employment, the paid amount will be deducted from the deposit at the time of expiration of employment and remainder of the deposit will be returned to the teacher.

Clause 16 (Vacation)
(school) will give Teacher paid vacation during the summer and winter. Teacher is responsible to be at on time. If Teacher does not arrive on time, (school) may deduct two days’ pay per day. (school) will give paid vacation 20days~24days (Including Saturday and Sunday, winter vacation + summer vacation, School holiday).

Clause 17 (Airfare)
(school) will issue Teacher a round airfare ticket, free of charge, from the nearest international airport to Korea prior to the departure. But if Teacher is fired or is willing to leave before must pay completing of this contract, Teacher back the one-way airfare to the employer. When a teacher leaves the school within one year, the airfare provided by the school shall be deducted from teacher’s final salary to be returned to the school. If the teacher needs to have a visa run, the airplane ticket and accommodation will be provided for. During the period of visa run days, the teacher will not be paid since the teacher will not be at school. If the teacher doesn’t complete their one year contract he/she has to refund all the payment related to the visa run (airplane ticket and accommodation fee)

Clause 18 (Utility & Mobile phone)
(school) will provide Teacher with free accommodation.
Furnishings provided by (school) include a bed, a small wardrobe, a gas range, a refrigerator, a television, and a washing machine. Teacher has a responsibility to pay maintenance expenses for all individuals. Teacher has a duty to keep the house in good status. (school) may not pay full accommodation cost when this is not properly followed. School will supply these following stuff which are internet, cable TV and cellular phone and teacher will be the one who uses these stuff under school’s name. All utility fees shall be deducted from teacher’s salary every month. If a teacher wants, the school can rent a mobile phone and he or she shall be responsible for its usage fee, maintenance and management.

Clause 19 (Funeral leave)
If a teacher makes a leave when his or her parents die, he or she can apply 7days unpaid leave .

Clause 20 (Termination of the Contract)
If Teacher is absent of three occasions without notice, (school) reserves the right to terminate this agreement by issuing Teacher written notification of termination forty days in advance. Termination of employment with (school) immediate and without notice for serious cause : such as

• Child abuse
• Sexual misconduct (two times notices have already been issued)
• Drunkenness on the job
• Outside employment
• Irresponsible working
• Four times more sick day
• Irresponsible absenteeism
• Working part time job outside (school)

Written notices can be issued for any of following.

• Unexplained absences from work.
• Arriving late without notice or reason.
• Verbal abuse towards children or staff members.
• Breaking any of the stipulations agreed to by the Employer and the Teacher in the signed contract.

Teacher agrees to give written notice forty days before this agreement ends of his/her intention to renew or terminate this agreement. Upon terminating the agreement, all costs ( for example, management cost, mobile phone fee, other advanced fee, airfare fee and etc.) shall be deducted from his or her final salary.

Clause 21 (Re- agreement)
Upon entering into 1year re-agreement, we will give a teacher a bonus, 0.9 million won when you leave in Seoul. After the resigning of the contract, the balance amount, deducting the resigning bonus from the final salary, will be paid when the resigned contract terminates due to occurrence of circumstances from either side of the school or the teacher before the termination of the contract In witness thereof, we have affixed our signatures hereon.

Teacher Date

SCHOOL Representative Date

My concerns:

1. No official starting and ending date on the contract so far.
2. Informal observation of my classes at any time.
3. Only paid 60,000 won for 5 days of orientation.
4. No specific tax rate.
5. 300,000 won taken each month from first 3 months' paycheck for a deposit.
6. No specific amount of holidays vs. vacation - it just says 20-24 days of vacation including vacation and holidays.
7. Only 40 days notice needed for contact resignation. I thought 60 days was standard.
8. In general, there are many things that just don't make sense.

Are my concerns valid? Is there anything else I missed? Am I able to negotiate parts of the contract?

Edit: formatting