is it true that employees don't get paid sick days?

[Tessy]

I had a telephone interview a few days ago and asked how many sick days their employees are entitled to and she said none. when you're off work sick you don't get paid. she said there's no such thing as "sick day pay" in south korea. is this true?

[gfell]

Not true. If you are on a full-time contract employed by the school, then sick pay is paid along with superannuation benefits and so on.

However, if it's a "contract job", meaning you are employed to teach 20 lessons over 6 months, then you normally wouldn't get paid sick leave or entitled to other benefits. A "contract job" means you are employed to teach a set amount of classes and then at completion neither you nor the school has any further responsibilities.

[Tessy]

thanx for your reply.

no this is not a contract job as you described.

so what can I do? tell them to give me sick days and have in print in the contract? what if they say no anyway?

[gfell]

Don't tell them but "ask" them to include 1 sick day in the contract a month that can accumulate. Tell them this is normal in the western world.

If you don't think you will be sick, and everything else about the job looks ok, then I wouldn't let this deter you.

If they say "no", you have to decide whether or not you will take the job as is, or look elsewhere.

[Tessy]

okay. thanks.

is it possible for me to post up the contract sent to me for people who know what they're doing, to help me review it?

[gfell]

Definitely and we would love to see what the contract holds.

[Tessy]

thanks gfell!

Here's the contract with the employer and my personal info omitted. the parts I have bolded are the bits I'm unsure about and red font are my thoughts. It's long so thanks in advance for reading it.

Employment Agreement
school name and address here

This EMPLOYMENT AGREEMENT has been made by and between ______________________ (hereafter referred to as "Employer") and ______________
a citizen of _______________ (hereafter referred to as "Teacher")

I. EMPLOYMENT OF TEACHER

1. Within the parameters of Korean Labor Law, Employer hereby employs Teacher to teach ESL classes under the terms and conditions set forth here in this Agreement.
2. Within the parameters of Korean Labor Law, Teacher hereby accepts employment from Employer to teach ESL under the terms and conditions set forth here in this Agreement.

II. QUALIFICATIONS

Teacher must be judged qualified to teach and be able to submit all the necessary documents required by the hiring procedure of the Institute.

III. PLACE OF EMPLOYMENT

1. Place of Employment will be __________________________________
2. From time to time Teacher may be required or requested to teach outside and apart from the place of employment.

The language is a bit vague isn't it? should they be asked to be more specific in where they might potentially send me?


IV. DUTIES OF TEACHER

1. During the term of this Agreement, Teacher will accept, obey, and strictly comply with the instructions, supervision, training and discipline of the Academic Supervisor. These duties will include instruction in any and all phases of the instructional program, administrative duties related to the classroom duties, lesson planning, attendance at scheduled staff meetings and workshops and any other duties as may be assigned by the Academic Supervisor. Teacher will be required to participate in the Institute's activities such as parties, sports day on Saturday once a month. The Academic Supervisor is responsible for establishing the environment necessary for work and lecture.
2. Any time worked over 30 hours per week is deemed overtime. Only classroom contact hours in excess of over 30 hours per week approved by the Academic Supervisor are considered overtime. aren't they supposed to detail the actual working hours, start and finish, for regular working days?
Attendance at scheduled staff meetings, counseling for feedback, lesson planning and workshop are not considered overtime nor teaching hours.
3.Teacher must inform Academic Supervisor of any necessary changes in classroom or hours.
4. In the event that Teacher must miss classes or be late with a reason which Employer finds acceptable, Teacher must inform Employer at least 12 hours in advance to allow Employer to arrange substitutes.
5. Teacher should submit lesson plans to the Academic Supervisor regularly.
6. Teacher is not allowed to perform ESL instruction outside the designated classroom without prior approval from Employer.
7. Teacher must not make public, information that the Teacher obtains at the institute while working or after resigning.
8. Teacher shall not accept any outside employment whatsoever, without specific written permission from Employer.
9. At all times during the term of this Agreement, Teacher understands and agrees that Teacher will strictly adhere to and obey all laws, regulations, provisions, instructions and guidance from the Government of Korea or any local government of officials.
10. Teacher will be present at the place of employment and available to perform regular or special duties as specified herein above except for those days (which are Teacher's regular of assigned holidays, Teacher's paid vacation days, emergency leave days for Teacher as provided herein below and in case that Teacher is not able to attend the place of employment due to illness or accident). I'm just confused about this one. what "special duties?" also they mention emergency leave but it isn't detailed in the rest of the contract.

11. For marketing purposes, the teacher’s profile (including name) may be placed on a brochure or Internet, etc.
12. Teacher is required to come to __________ 30 minutes prior to the first scheduled class.

V. COMPENSATION AND OTHER TREATMENT OF TEACHER

1. Salary
Employer will pay Teacher 2.1million won,as compensation for all services rendered. Payment for employment will be calculated every month and be made in won.
This salary will be paid on the 10th day of every month. I've read at other ESL forums that ideally, payday should be before the 5th day of the month. why is this so? is it worth raising the issue with the employer?
The Teacher’s salary begins upon first workday after arrival at _________ this seems dodgy. first of all I was told to arrive in seoul ready for training and workshops on the 20th Feb. I was told that teaching would begin on the 2nd March. But stated later below, my contract doesn't start till the 20th March. so what's going on?

Korean income tax (3.4%) and National Pension plan (4.5%) will be deducted from the Teacher’s salary. Teacher’s salary determines the actual amount to be deducted as per Korean won. Under no circumstances will pay be withheld from the Teacher.
2.Teaching hours
A class over 50mins will be calculated as one hour
A class less than 50mins will be calculated by the sum of the working hour of month
3. Overtime
If the Employer requires the Teacher to work in excess of 30 hours per week such overtime or extra hours shall be paid for, in addition to the monthly salary, at the rate of 16,000 Korean won per hour.
4.Paid Vacation
Preschool teacher will receive 1 week summer vacation and 1 week winter vacation as scheduled by school’s plan.
Vacation days will include Saturday and Sundays.
Regular class teacher will receive 10 days vacation. 10 days will include Saturday
and Sundays. (Vacations can be spread out over a period of time)
I'm confused here because "preschool teachers" and "regular class teachers" seemingly have different holidays. 2 weeks as opposed to 10 days. so what am I? preschool teacher or regular teacher?

If Korean National holidays and those days which _______ closes intentionally are included within, are as part of vacation time, they will be counted as vacation days.
Vacation times must first be approved by Employer.
5. Paid Holidays
Teacher will observe holidays as prescribed in a yearly calendar by Korean law.
6. Housing
Teacher will have his/her own bedroom and share a kitchen, a living room and a bathroom . I had actually asked for my own apartment so I don't know what's going on here.

Furnishings provided by the employer include the following : share a TV, a
bed, a gas stove, a refrigerator, a fan and a washing machine. Housing shall be equipped with western-style toilet. If teacher finds furnished housing, _______ School does not provide extra furnishing.
Teacher is required to pay the cost of monthly service, utility and telephone charges, for the accommodation provided. Employer will deduct the last month’s charges from the deposit of 250,000 Won which is deducted from the teacher's salary as in clause 11 below. I don't get this at all.

7. Transportation and Travel expenses
Employer will provide Teacher with a one way economy class ticket from the original departure to Korea. In the event that Teacher completes the full contract, Employer will provide Teacher with another one way economy class ticket from Korea to the point of hire at the time of termination of employment. If Employer and Teacher both agree to an extension of employment, the return air ticket will be provided at the time of completion of the subsequent contract period
8. Severance pay
Severance pay, equivalent to one-month salary, will be provided to the Teacher upon completion of one year contract.
9. Medical Insurance
Teacher will be covered by medical benefits under the Korean Medical Union (Government Health Organization). The cost of this insurance will be paid half by the Employer and half by the Teacher. The amount that the Teacher pays will be approximately 1.7 percentage of salary, but the percentage can be changed by Korean Law.
10. National Pension Plan
In accordance with Korean Law all foreign workers employed by a Korean business shall pay into the Korean National Pension plan at a rate of 9% monthly upon your salary. However, Teacher will pay only half, at a rate of 4.5% and Employer will pay the remainder.
11. Deposit
Employer will deduct 250,000 won as deposit from the first salary as a compensation for any damage or loss by Employee, and any unpaid utility fees or bills. The remainder of the deposit will be given to the Employee upon the completion of the contract.

VI. INSTRUCTION FEE DEDUCTIONS

1. In case of an absence, the amount equivalent to 1/20 of one month salary will be deducted from the Teacher's instruction fee. A substitute teacher for the absent teacher will receive the instruction fees, but Employer will not regard the substitute teaching as overtime.
2. Teacher has to be punctual to classes. Three times of being late will be considered one absence.
3.When teacher quit his/her work in six months, teacher needs to pay back the all the inviting expense including airfare, agent fee, etc


VII. PENALTIES
Employer may penalize Teacher when Teacher violates the contract.
The penalties are as follows:
1. Warning
Teacher shall be reprimanded and must submit a written apology.
2. Retraining
Employer shall stop Teacher from teaching and retrain the Teacher when necessary.
3.Absent without notice
When teacher is absent without notice, pay for two days will be deducted.

VIII. DISMISSAL
Employer will have the right to dismiss Teacher for clear and frequent neglect of duties under this agreement. When appropriate, prior to any such dismissal, Teacher will be warned of dissatisfaction with performance and will be afforded at least twenty days in which to remedy the same. Criminal or other conduct inside or outside the place of employment that would at the discretion of the Academic Supervisor seriously jeopardize any student or staff person, or the reputation of Employer, will cause immediate dismissal and neither warning nor time for remedy will be given. In the event of dismissal, Employer will provide a letter of release to the teacher, as required by Korean Immigration.

IX. VOLUNTARY RESIGNATION

In the event that Teacher voluntarily resigns prior to the termination of the term of this Contract:
1. Employer will not sign the letter of release form currently required by the KOREAN IMMIGRATION OFFICE to allow the Teacher to work for another organization in Korea.
2. Teacher shall not receive return airfare to the point of original departure.
3. Teacher shall owe the amount of the original airfare to Employer.
4. Employer may assess the loss done by such an act and charge such amount to Teacher.
5. The value of any extra benefits allowed by Employer beyond the contract requirements may also be assessed as a loss.

X. RENEWAL OF CONTRACT

1. Employer and Teacher may renew the contract for the period of one year.
2. Teacher shall notify Employer of the Teacher's intention of renewing the contract in writing at least 60 days prior to the termination date of contract.
3. Employer shall notify Teacher of their decision in writing at least 60 days prior to the termination date of contract.
4.Pay will be negotiated according to teacher’s accomplishment of his/her teaching year.

XI. TERMINATION OF CONTRACT

Employer reserves the right to terminate this contract for cause with written notification sixty days in advance and for serious cause without notice. In such a circumstance, Employer will provide teacher with letter of release
Penalties stipulated when :
1. Teacher is found to be in breach of contract.
2. Teacher is involved in a bad scandal that may tarnish the reputation of Employer.
3. Other circumstances for which Teacher is responsible make it undesirable for Employer to continue employment.
4. Unexcused absence occurs more than twice in a two month period.
5. Employer concludes that Teacher cannot perform class activities, or lacks the qualities necessary to be an effective teacher.
6. The documents submitted to Employer are proved to be counterfeited.

XII. EMPLOYER PROPERTY

Teacher must return the following items when the contract terminates :
1. All the things that Employer has rented or lent to Teacher.
2. All the money lent to Teacher.
3. Teaching materials.
4. Reference books owned by Employer.
5. Any other property owned by Employer.

XIII. COVENANTS

1. Teacher hereby agrees, covenants that Teacher will not undertake any teaching or employment with any people or organizations other than Employer without prior written approval. Failure to comply with this clause will cause immediate dismissal.
2. Teacher hereby agrees, covenants that at all times during the term of this agreement or subsequent to the termination of the agreement, Teacher will not use the name of Employer for business purpose.

XIV. INDEMNIFICATION CLAUSE

1. Teacher will indemnify and hold harmless Employer from any damages which Teacher may sustain, in any manner through the misconduct or negligence of Teacher.
2. Teacher will indemnify and hold harmless Employer and Employer's representatives from any damages which Teacher may sustain, in any manner, through the refusal by The Government of Korea to permit entry to the republic.
3. When Teacher terminates the contract unilaterally, without a reason which Employer finds acceptable, Teacher must compensate Employer for all the expenses in finding another Teacher. In that case, Teacher’s instruction fee will be automatically withheld.
4. Employer may assess the loss done by Teacher and charge such amount onto Teacher. I'm not sure about this one...

XV. GOVERNING LANGUAGE

This agreement has been drawn up and has been executed in the English language and the English language text of this agreement will govern and prevail over any translation.

XVI. MERGER CLAUSE

This agreement constitutes the entire understanding between the parties with respect to the subject matter and supersedes all previous negotiations, commitments and writings with respect. This contract nullifies and voids any previous contract between the two parties.

XVII. GOVERNING LAW & JURISDICTION

This agreement will be interpreted according to the domestic laws of Korea. A competent court in Korea will have jurisdiction in regard to any dispute or claim arising out of, or in connection with, this agreement. Employer and Teacher have executed this agreement on the date indicated below. Intending to be legally bound and IN WITNESS WHEREOF, Employer and Teacher have appended their signatures.

XVIII. PERIOD OF EMPLOYMENT

The period of employment under this contract is from March 20 ,2006 to Feb.28, 2007
In the event of teacher's actual arrival on the job does not take place on the commencement date above, the contract period will start from the actual arrival date.


Employee’s full name (print):________________


Employee’s signature: __________________________________________________ __

Employer’s full name (print): _________________


Employer’s signature: __________________________________________________ __

[Mikepass]

Hi guys

I can, if people wish, post a copy of a Korean Public Schools contract for comparison. It is quite long, about 5 pages.

Let me know.

Cheers

[gfell]

The above looks like a fairly standard contact. Allow me to clarify a few points for you:

RE: PLACE OF EMPLOYMENT

Originally Posted by Tessy

The language is a bit vague isn't it? should they be asked to be more specific in where they might potentially send me?

The school wont know exactly where they may send you as they may get new contracts for company classes, local schools and so on. Hence, your employer will then dispatch you to these classes. Nothing abnormal about this at all.

Originally Posted by Tessy

2. Any time worked over 30 hours per week is deemed overtime. Only classroom contact hours in excess of over 30 hours per week approved by the Academic Supervisor are considered overtime. aren't they supposed to detail the actual working hours, start and finish, for regular working days?

Actual working hours (start and finish times) will fluctuate from term to term, new students arriving and scheduling classes to fit the conveniences of students. So your employer once again will not know exactly the start and finishing times. This is also not uncommon in a contract.

Originally Posted by Tessy

I'm just confused about this one. what "special duties?" also they mention emergency leave but it isn't detailed in the rest of the contract.

Special duties would be attending school parties, orientation and so on. Feel free to ask for clarification of this in the contract.

Emergency leave is not defined in the contract, hence holds no weight at all in what both teacher and employer interprets it as. You can get this also clarified in the contract. I would assume emergency leave is death of family member or sickness preventing your own work or to care for a family member.

Originally Posted by Tessy

This salary will be paid on the 10th day of every month. I've read at other ESL forums that ideally, payday should be before the 5th day of the month. why is this so? is it worth raising the issue with the employer?

Not worth raising. I get paid on the 15th of each month following the previous month of work. Consider yourself lucky you get it 5 days earlier than me. Not uncommon and what you have read elsewhere definitely is not the norm. I don't know of anyone that gets paid on the 5th of each month.

Originally Posted by Tessy

The Teacher’s salary begins upon first workday after arrival at _________ this seems dodgy. first of all I was told to arrive in seoul ready for training and workshops on the 20th Feb. I was told that teaching would begin on the 2nd March. But stated later below, my contract doesn't start till the 20th March. so what's going on?

The day you start giving your time at the school should be the day you start getting paid. Just verbally confirm with them when the salary begins. Hopefully your first workday will be 2nd March even though you are not physically teaching yet. Training is part of work.

Originally Posted by Tessy

I'm confused here because "preschool teachers" and "regular class teachers" seemingly have different holidays. 2 weeks as opposed to 10 days. so what am I? preschool teacher or regular teacher?

This definitely needs to be stipulated in your contract. What are you hired as? A pre-school or regular class teacher? Get them to specify this in the contract so later on they cannot switch you from 1 holiday rate to the other for their convenience.

Originally Posted by Tessy

Teacher will have his/her own bedroom and share a kitchen, a living room and a bathroom. I had actually asked for my own apartment so I don't know what's going on here.

What you have asked for and what is offered are 2 different things. Shared kitchen, living room and bathroom are part of the contract on offer. If you don't like it, I doubt they will change it for you. Either accept it or move on and find another job.

Originally Posted by Tessy

Employer will deduct the last month’s charges from the deposit of 250,000 Won which is deducted from the teacher's salary as in clause 11 below. I don't get this at all.

You are asked to pay an initial deposit for housing to cover breakages and so on. This deduction is taken from your first month's salary. The monthly service fee covers your utilities. The last months accommodation utilities is deducted from your ORIGINAL deposit and the balance then given back to you. Sounds fair to me.

Originally Posted by Tessy

4. Employer may assess the loss done by Teacher and charge such amount onto Teacher. I'm not sure about this one...

Yeh, this one is a bit of a curveball. Basically they are trying to say they can charge you for damages you cause to the school. Obviously an entire list of possible damages and amounts cannot be listed, so it's an open-ended clause. If you don't cause any damage, there is nothing to worry about. If you do, you may want to ask the clause to include something along the lines that the damage value must be agreed upon by a 3rd independent body.

Overall, your contract looks quite standard, and I don't think the school is being unreasonable.

[gfell]

Originally Posted by Mikepass

Hi guys

I can, if people wish, post a copy of a Korean Public Schools contract for comparison. It is quite long, about 5 pages.

Let me know.

Cheers

That would be great Mike! Can you post it in a new thread?

Thanks.