Contract Review Request *Summary Included* Any Advice Much Appreciated!

Hi guys, I just want to see if I have a good feel for what's wrong and what's nice with this contract. I don't think it is very good, but it's not completely horrible.

Please note that I have no TEFL certification or teaching experience.

First, my summary, some of the main things I see wrong with the contract are:

• The amount of hours I will be working could potentially be significantly higher than 40.
• Overtime rate is low (16,000).
• Runner's Insurance via Housing Deposit (See 4.3), implying a lot of people have left before their contract was up.
• Less than full regular pay for initial training.
• Administrators can make up any new binding rules at any time.
• One way. Should I demand round-trip?
• The lack of a 3-written-warnings system before being fired.

My more detailed summary / section issues (See full contract at bottom for heading titles):

1.0 The temporary accommodation will be a little inconvenient. I'll definitely have to get that clarified.

2.1

During the term of this agreement, the employee is required to prepare for, teach, and carry out all required administrative duties connected with classes assigned by the employer such as lesson preparations, student evaluations, teacher meetings, workshops, events such as a Halloween party and mandatory arrival time.

This seems way too open ended to the point where I'm required to do anything new the employer assigns.

Teaching days will be Monday to Friday, with a maximum 8-hour block teaching schedule excluding lunch breaks. The 8-hour block will be an average calculated based on the 5 day workweek schedule, consisting of approximately 26.25 teaching hours per week.

I assume this means that at most I will work 8 hour days, but it sounds a little unclear given that there might be other days than "Teaching days". Also, the "approximately 26.25" is disconcerting given the "approximately".

In the event employee receives overtime payment or during the annually scheduled intensive months consisting of one month in the summer and one month in the winter, the maximum 8-hour block workday may not apply.

Ok, this is pretty exploity, right?

Employee may be required up to a maximum of 5 overtime teaching hours per week. During the term of this agreement, employee may be required to attend and participate in non-teaching events & functions that can be scheduled on Saturdays. Excluding teacher refresher training these days will be a maximum of (5) per year.

So really I could be made to work 9 hours Monday - Friday and some unspecified amount of time on every Saturday as long as they call it "Teacher Refresher Training"?

2.2

Payment made for assigned teaching hours is inclusive of payment for preparation and administrative duties, which includes; preparing evaluations, attending meetings and workshops scheduled by employer.

Ok, so some of the work I do outside of teaching won't be paid?

2.3

At all times during the term of this agreement, employee will directly adhere to and obey all the rules and regulations that have been, or may hereafter be established, by employer for the conduct of employee or generally for the conduct of instructors at the place of employment.

Employer can make up new rules at any time, concerning whatever "conduct" can be applied to. This sounds almost like they can tell me what to dress like when I'm not working.

3.1 2.2 Million won is alright given I have no experience. At 16,000 per 40-min class, overtime is pretty low which I heard is usually 20,000.

3.2 I don't really understand what this means. So 2.2 Million Won includes overtime?

3.3 So I'm getting paid less than half pay for training. Someone once told me that full pay for training is standard, or at least worth fighting for.

3.4

According to Korean tax laws employer shall treat the cost of the air tickets as part of the employee's first month's income (First full paycheck + cost of air tickets).

So my first month's taxes will be higher? Is this standard?

3.7 The attendance bonus is actually kind of cool.

3.8 So there are 9-10 vacation days the dates of which are dictated by the employer. I assume the vacation days don't overlap with the national holidays, but it sounds a little unclear to me whether vacation and holidays are different things in this contract. I might be being too fickle, though.

3.9 It seems Korean Medical Insurance Union they mention is NHIC (judging from the link they provide), the government provided health insurance, which I hear is highly preferable to the private health insurance. So that's good at least.

**HOUSING

4.1** The housing info section seems pretty reasonable.

4.2 I pay utilities. Is that standard? What does it mean by maintenance?

4.3 So I heard a housing deposit is generally bad news from a hagwon as it is generally just a type of runner's insurance, e.g. a way to get money from people who quit before the end of their contract, the existence of which implies they've had lots of runners and are therefore a bad hagwon. That's just hearsay, though. Also what is that about the "housing deposit debt guarantor form"?

5.2 Ok, so "and other benefits provided to employee" needs to be removed from the Dismissal section because the standard is that they get their airfare back, but nothing else. Also, the part about giving 6 weeks notice and completing a settlement agreement so that the amount of money they take from me will be "prorated" seems to indicate that they would charge me more than the benefits I had actually received if I didn't reach a settlement agreement with them...

6.2 So does this mean if I produce something entirely unrelated to TEFL in my spare time they have the rights to it? What does "course of employee's employment" mean?

Whew, so yeah. Not a lot going for this contract, am I right?

Thanks so much for your help! If I can improve the formatting or do anything else please let me know!

The full contract follows in case you are interested.

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[School Name]
Private Housing Version (Non-shared)

EMPLOYMENT AGREEMENT FOR INSTRUCTORS

This EMPLOYMENT AGREEMENT has been made this May 15th 2016 by and between [Employer info] (hereinafter referred to as "employer"); and [My Name] , a citizen of the USA whose current mailing address is ________with the contact phone number ()__________(hereinafter referred to as "employee")

1.0 Employer and employee agree to the following: Employee accepts employment from employer to work as an English instructor under the terms and conditions set forth here in this agreement for a period of 12 full and consecutive teaching sessions (12 months). Employment commences from the first day of class on June 7th, 2016, and finishes on the last teaching day of the last teaching session covered under this agreement. Employee should arrive 4 to 6 days prior to the start date to undergo orientation and training. Employer will provide temporary accommodation during this period until the regular accommodation is ready.

2.0 Duties During the term of this agreement, the employee is required to prepare for, teach, and carry out all required administrative duties connected with classes assigned by the employer such as lesson preparations, student evaluations, teacher meetings, workshops, events such as a Halloween party and mandatory arrival time. The base teaching requirement is 105 actual teaching hours per session equal to 157 forty minute classes if employee is assigned only forty minute classes. Employer may assign classes between 30 to 50 minutes in length and in the case employee receives less than the above listed teaching hours, employer shall still pay the listed monthly salary and assign other teaching or administrative/curriculum related duties. Teaching days will be Monday to Friday, with a maximum 8-hour block teaching schedule excluding lunch breaks. The 8-hour block will be an average calculated based on the 5 day workweek schedule, consisting of approximately 26.25 teaching hours per week. In the event employee receives overtime payment or during the annually scheduled intensive months consisting of one month in the summer and one month in the winter, the maximum 8-hour block workday may not apply. Total teaching hours per session in excess of the base requirement listed above is calculated as overtime payment according to the overtime payment rate listed in section 3.1. Employee may be required up to a maximum of 5 overtime teaching hours per week. During the term of this agreement, employee may be required to attend and participate in non-teaching events & functions that can be scheduled on Saturdays. Excluding teacher refresher training these days will be a maximum of (5) per year. 2.1

Payment made for assigned teaching hours is inclusive of payment for preparation and administrative duties, which includes; preparing evaluations, attending meetings and workshops scheduled by employer.

2.3

At all times during the term of this agreement, employee will directly adhere to and obey all the rules and regulations that have been, or may hereafter be established, by employer for the conduct of employee or generally for the conduct of instructors at the place of employment.

2.4 Mandatory Preparation and Arrival time During the first 3 months of employment all first-year ECC employee(s) will be required to arrive at least 1 hour before the start of their first class and prepare for lessons at least 2 hours per day. All employee(s) will be required to arrive at least 1 hour before the start of their first class and prepare for lessons at least 1 hour per day or according to the employer’s academic standards. Failure to abide the mandatory preparation and arrival time can result in verbal or written warnings being issued to the employee. Employee(s) teaching before 10:00 am may arrive 30-minutes before their first class.

3.0 Compensation and Other Treatment of Employee 3.1 Salary: The monthly salary will be 2,200,000 Won with 2 payments made within two days after the last teaching session as part of the severance pay. No part of the thirteenth payment will be paid unless the employee completes the full (12-session) one-year contract. Overtime payment is made at the rate of 16,000 Won per 40-min class/prorated for shorter or longer classes. Employee’s salary will commence from the first day of teaching. When an employee is absent from scheduled teaching duties salary will be deducted accordingly. Korean income taxes and Korean National Pension tax deductions will be withheld. Salary payments will be made on or before the eighth day of the month following the teaching session during which the employment services were provided. National Pension Tax Compliance: Under current Korean tax regulations/tax treaty with the respective countries full time contracted employees holding passports from the United States, Canada and other qualified nations shall receive the accumulated pension tax payment made each month over the course of employment with employer plus the equivalent co-payment made by employer directly from the Korean National Pension Tax Office (http://www.npc.or.kr/ Click English link). Employee(s) who do not qualify for the refund should inquire with their countries tax office regarding the tax treaty bylaws with Korea and means of receiving reimbursement or credit for paying into the Korean pension tax fund.

3.2 The yearly salary includes the base pay ( weekly non working day stipend, overtime stipend and stipend for the post) and an allowance for meals and these will not be paid separately.

3.3 Orientation and Training: Shortly after arrival in Korea, employee will be required to undertake orientation and training before commencing teaching. The period of training and orientation will usually be 3 to 6 days. Employee will receive payment of 30,000 Won per each full day of training and orientation. Orientation hours less than (6) hrs per day will be prorated. Orientation will be conducted at the YBM Head Office and employee’s ECC branch location.

3.4 Transportation into Korea: Employer will provide for employee an economy class ticket for passage to Korea from an international airport mutually agreed upon by employer and employee (henceforth referred to as point of departure). According to Korean tax laws employer shall treat the cost of the air tickets as part of the employee's first month's income (First full paycheck + cost of air tickets). The employee should reimburse the airfare if the employee will break the contract within 6 months trip.

3.6 Paid Sick Classes: Employee’s under the 12-session contract will be entitled to 10 paid sick classes with a medical note from a physician or confirmation/approval by the employer. Classes missed for non-medical reasons or unverifiable medical condition will result in prorated deduction from employee’s monthly salary.

3.7 Attendance Bonus: Under the 12-session contract employer will pay employee an attendance bonus for the following levels of attendance 300,000 Won bonus for missing no classes (Medical or non-medical reasons) 200,000 Won bonus for missing 5 or less classes (Medical or non-medical reasons) 100,000 Won bonus for missing 10 or less classes (Medical or non-medical reasons)

3.8 Holidays and Vacation: Employee will be entitled to observe regular annually scheduled public holidays and receive vacation days during the contract term according to a yearly schedule provided by employer before the commencement of the year to which the schedule refers. There are nine-10 (9-10) vacation days in each calendar year (January - December).

3.9 Medical Insurance: Employee will be covered by medical benefits under the Korean Medical Insurance Union (http://www.nhic.or.kr/ Click English link) a Government Health Organization. The cost of this coverage will be borne half by employer and half by employee. Employee’s share of this coverage will be deducted from employee's monthly salary. 3.9b Accident Compensation: In the event that employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties; employee understands and agrees that employer will have no responsibility for, nor obligation to pay, medical and hospital costs which are in excess of those covered by medical insurance.

**4.0 Housing ** 4.1 Employer will select and provide a single private non-shared housing for employee with a kitchen and a bathroom. Furnishings provided by employer for employee will include: A kitchen table/counter and chairs, two-burner gas hotplate, a refrigerator, a television, a washing machine, a regular size bed, a dresser/closet/cabinet, an air conditioner and assistance in obtaining a prepaid cell phone. Employee will have to supply his or her own pillow, pillowcase and bed sheets and employer shall provide a blanket. Employee will not be held responsible for furnishings/items that need repair or replacement due to normal wear and tear. In the case items are damaged through neglect or destruction by employee or employee’s visitors then the cost of repair or replacement will be borne solely by the employee. Employee will be responsible for maintaining the accommodation in the same order employee received it under which shall include cleanliness of all living quarters, kitchen, kitchen sink, bathroom and furnishings. In the event employer must hire a cleaning person to restore employee’s accommodation the cleaning fee will be deducted from employee’s salary or housing deposit.

4.2 Employee is responsible for all maintenance and utility charges for the accommodation provided by employer. Maintenance and utility charges will depend on employee(s) usage.

4.3 Housing Damage/Security Deposit: Employee’s who receive accommodation by employer agrees to a deduction of 200,000 Won per month for the first three months of employment totaling 600,000 Won. This deposit is to cover any unpaid monthly service, utility, and damages at the completion of this contract or resignation/dismissal of the employee before the termination of this contract. Employer agrees that payment of remaining amounts of the deposit will be made to employee within ten days after all outstanding monthly service and utility charges have been paid and accounted for without any remaining balances. Employer shall return the full amount of this deposit at the same time as the last salary & severance payment which shall be made within two days of the last teaching day if a co-employee signs the housing deposit debt guarantor form on behalf of employee.

5.0 Dismissals or Voluntary Resignation 5.1 Employer will have the right to dismiss employee for unwillingness or inability to meet conditions of employment as set out under this agreement, for conduct seriously jeopardizing any student or staff person, or for criminal activity and falsification of documents to obtain the work visa. In the event that the employee is dismissed, or in the event that the employee voluntarily resigns prior to the termination of the term of this agreement, employer will pay salary due to date of termination. Employer will not pay the cost of return transportation to point of departure for employee. Further, employer will be entitled to withhold an amount less than or equivalent to, but not exceeding, the cost of airfare provided for travel to Korea and other benefits provided to employee. In the case employee gives employer 6 weeks written notice and completes the session as stated in the settlement agreement form prior to resigning then employer shall prorate the cost of the airfare and other benefits received.

Covenants Employee hereby agrees, covenants, and undertakes that he/she will not undertake any teaching duties or employment with any persons or organizations other than the employer. To undertake such employment is a breach of Korean Immigration law and can have serious consequences. The employee understands and accepts that the rights to use, sale, distribution, or publication of all original material produced by the employee during the course of employee's employment, and for which the employee is compensated as either regular pay, as overtime, or in an agreed-upon lump sum, remain the sole property of employer.
Employee agrees to undergo the Korean governments mandated health check at employer’s expense.

Jurisdiction 7.1 This agreement will be interpreted according to the internal (domestic) laws of the Republic of Korea. A competent court in the Republic of Korea will have jurisdiction in regard to any dispute or claim arising out of, or in connection with, this agreement.

7.2 Employer and employee have executed this agreement on the date indicated below. Intending to be legally bound to, and in witness of, employer and employee have appended their signatures.

_____________________________			__________________________  
Employer							Employee


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Date							Date