Ask a Waygook - Sample NET Contract

Nobody asked yet, but I thought it might be useful to post a copy of a typical contract that a native English speaker would sign to live and work in South Korea.  Private academy contracts of course vary from school to school, but this contract is for the Fall 2010 EPIK program and nearly every public school native English speaking teacher in the country has a contract almost identical to this.

FYI: the contracts that are signed are both in English and Korean, but I have not posted the Korean portions of the contract because I figured nobody reading this would be able to read it.  E-mail me for whatever reason if you actually want the Korean text of the contract.

2010년도 하반기 원어민 영어보조교사 표준고용계약서
CONTRACT FOR FALL 2010 ENGLISH PROGRAM IN KOREA(EPIK)
교육과학기술부 국립국제교육원 EPIK (National EPIK)

This Contract of Employment (hereinafter referred to as “Contract”) is made by and entered into between the Superintendent of _______________________ Metropolitan/Provincial Office of Education, (hereinafter referred to as “Employer”), and the Guest English Teacher (Name) ________________________________ (hereinafter referred to as “Employee”) a citizen of _______________________ .

- 고용기간 : 2010년 월 일 ~ 2011년 월 일
- Term of Employment : A one-year period from to
- 고용등급 및 월급여 - Pay level and Salary
□ 1+등급/ 한화 _2,600,000_원 □ 1+ level/ _2,600,000_ Korean Won per mont
□ 1 등급/ 한화 _2,400,000_원 □ 1 level/ _2,400,000_ Korean Won per month
□ 2+등급/ 한화 _2,200,000_원 □ 2+ level/ _2,200,000_ Korean Won per month
□ 2 등급/ 한화 _2,100,000_원 □ 2 level/ _2,100,000_ Korean Won per month
□ 3 등급/ 한화 _1,900,000_원 □ 3 level/ _1,900,000_ Korean Won per month

Article 1 (Purpose) This contract sets forth the terms and conditions of employment for the Guest English Teacher’s participation in the English Program in Korea.

Article 2 (Pay Level) 

① The Employee shall be hired pursuant to this Contract with the Pay Level set forth at the beginning of this contract.
② The Pay Level set forth at the beginning of this Contract will be contingent upon provision of all the necessary documentational proof of qualifications and experience required by the Employer to be eligible for said Pay Level.
③ Any new qualifications obtained after the beginning of the Term of Employment will not subsequently change the Pay Level during the Term of Employment; the Pay Level will remain that agreed to at the beginning of the Term of Employment.

Article 3 (Duties) The Employee shall perform the following duties in the educational institutions of the undersigned Office of Education for the period indicated above:
① Assist Korean teachers with their English class(es) and/or jointly conduct English class(es) with Korean teachers, and/or lead extracurricular activities or English camps;
② Prepare teaching materials and lesson plans for English class(es);
③ Assist with the development and creation of teaching materials related to English language education;
④ Assist with activities related to English language education and other extracurricular activities such as but not limited to editing or creating English documents, judging contests, conducting teacher training, working at English camps, etc.;
⑤ Conduct English conversational class(es)/course(s) for Korean teachers and students; and
⑥ Perform other duties as designated by the Employer including various English programs during the school vacation period.


Article 4 (Supervision) The Employee shall carry out the duties set forth in the foregoing Article 3 pursuant to and under specific instruction and supervision of the Supervisor of the Work Place designated by Employer.

Article 5 (Term of Employment) 

① The Term of Employment shall be the period set forth at the beginning of this Contract.
② If the Employee, for whatever reason, is unable to begin work on the date specified herein, the Contract shall be rewritten to indicate the new one year Term of Employment. The Contract will only take effect on the day the Employee is able to begin work and the Term of Employment shall be a one-year period beginning from that day forth.
③ This Term of Employment is not and shall not be considered a continuation of any previous Term of Employment with a different Provincial Office of Education. Hence, the Employer shall hire the Guest English Teacher as a new employee.

Article 6 (Resignation) 

① The Employee shall perform the duties set forth under Article 3 hereof during the Term of Employment set forth under Article 5 hereof.
② This contract is binding unless the Employee gives thirty (30) days written notice of termination (stating a planned date of resignation and reason(s) therefore) to the principal of the Employee's main school as well as the Superintendent of the Office of Education.
③ Failure of the Employee to give thirty (30) days written notice of termination to the main school Principal and the Superintendent of the Office of Education shall be reported to the Korean Immigration Service and shall affect the Employee's ability to freely enter the Republic of Korea in the future.
④ In the case of the Employee's resignation his/her visa shall be cancelled.

Article 7 (Work Place) 

① The Employee shall work at any location(s) designated by the Employer. The location(s) designated by the Employer may include but are not limited to schools, Office of Education, training centers, or any other educational institutes located in the jurisdiction of the undersigned Office of Education.
② The Employer may designate multiple locations for the Employee to work.
③ The Employer may designate the Employee to work at the Office of Education, training centers or other educational institutes during the school vacation period. In this case, the Employee shall not claim for any additional pay if the hours of work fall under the regular Work Hours stated in Article 8.

Article 8 (Work Hours) 

① The Employee shall work eight (8) hours per day for five (5) calendar days per week from Monday to Friday and shall not work on Saturdays, Sundays and any national holidays of the Republic of Korea. However, temporary English programs run by the Employer (e.g., English camp) may occur outside the Work Hours specified in this clause and on weekends. In this case, the Employer shall pay according to Article 8, clause ③ and ④.
② The Work Hours of the Employee may follow the normal work schedule of civil servants of the Korean Government; however, such Work Hours may be adjusted by the Employer as he/she deems appropriate within the bounds set forth in Article 8, Clause ①.
③ Actual class instruction hours of the Employee shall not exceed twenty-two (22) hours per week. If, however, the Employee's actual weekly class instruction hours exceed twenty-two (22) hours due to supplementary class instruction, the Employee shall be entitled to a supplementary class instruction pay of 20,000 won per hour.
④ The Employer may require the Employee to work non-instructional overtime hours in addition to normal Work Hours. In this case, the Employee shall be entitled to supplementary overtime pay of 6,000 won per hour.
⑤ If the Employee agrees to teach instructional hours that occur outside the Work Hours specified in Article 8, clause ① and that total more than 22 hours per week, the Employer shall pay according to Article 8, clause ③. If the Employee agrees to teach instructional hours that occur outside the Work Hours specified in Article 8, clause ① but that total less than 22 hours per week, the Employer shall have the authority to determine the appropriate supplementary overtime pay.
⑥ The Employees teaching at the Gwangju Youth Education Center during the EIC including the employee assigned to work at the center will be paid 40,000 Korean Won per hour for teaching classes exceeding the regular working hours.
⑦ During the EIC, the normal teaching schedule per employee shall be 4 hours per day not to exceed 16 hours per week. However, even when the actual teaching hours exceed this limit, no other compensations will be provided by the employer.

Article 9 (Salary) 

① The Employee shall be paid the amount set forth at the beginning of this Contract. However, the Korean income tax, residence tax, medical insurance premium, the national pension contribution, and any other tax or deduction mandated by the various levels of government shall be deducted each month from the Employee's salary.
② The Employee's salary shall be paid on the 25th of the month. If the 25th of the month falls on a Saturday, Sunday or a national holiday, the salary shall be paid on the immediately preceding business day.
③ If the Employee has not worked all of the normal working days in a month, for whatever reason (such as sick leave, unpaid leave, etc.), the Employee's salary for that month shall be prorated for the corresponding number of days worked.
④ If the Employee should be absent from work, for whatever reason, without having obtained prior approval from the Employer, the Employee's salary for that month shall be prorated according to the corresponding number of unauthorized absent days.
⑤ The Employee shall not claim against the Employer any compensation and/or payment other than those provided for in this Contract.

Article 10 (Renewal) 

① The Term of Employment stated in Article 5 hereof may be renewed by the mutual written agreement of the Employer and the Employee provided that the renewal Term of Employment shall not exceed one (1) year.
② In the case of renewal of this Contract pursuant to the foregoing clause ①, the Employee shall be given two (2) calendar weeks paid leave which shall take place during the nearest school vacation to the first day of the renewal contract with the condition of the days not conflicting with the school schedule. This two-week leave will be counted as part of the contract term, and, accordingly, salary will be paid as normal for these two weeks. The period of this renewal vacation may be negotiated with the school to be held in the next school vacation which is within six months from the first day of the contract if necessary.
③ The Employer shall provide the Employee with a Contract Renewal Allowance of 2,000,000 Korean Won (KRW) within one month of the beginning of the new Term of Employment. In the case of Contract Renewal (and the payment of the subsequent Renewal Allowance), the Employee shall not receive an Exit Allowance for the completion of the current Term of Employment nor shall the Employee receive an Entrance Allowance for the renewal Term of Employment.
④ In case of the termination of the Renewal Contract within the first six (6) months, regardless of course or ground therefore, the Employee shall immediately pay back to the Employer 700,000 Korean Won (KRW) of the 2,000,000 Korean Won (KRW) Renewal Allowance and the paid leave specified in the forgoing clause ② shall be unpaid.

Article 11 (Entrance Allowance/Exit Allowance) 

① Upon beginning the Term of Employment, the Employee shall receive a 1,300,000 Korean Won (KRW) Entrance Allowance. The Entrance Allowance is not offered to Employees who are renewing their contract. For the first six (6) months of the Term of Employment, the Entrance Allowance of 1,300,000 Korean Won (KRW) shall be considered a loan to support the Employee's entrance into Korea. If the Employee receives a medical examination administered by EPIK, the cost of the medical examination shall be deducted from the 1,300,000 Korean Won (KRW) Entrance Allowance.
② In case of the termination of this Contract within the first six (6) months, regardless of course or ground therefore, the Employee shall immediately pay back to the Employer the aforementioned loan. Failure of the Employee to pay back the aforementioned loan shall be reported to the Korean Immigration Service and shall affect the Employee's ability to freely enter the Republic of Korea in the future. If the Employee successfully completes more than six (6) months of the Term of Employment from the date of commencement, the obligation of the Employee to pay back the Entrance Allowance loan shall be waived by the Employer.
③ If the Employee successfully completes his/her duties set forth in this contract for the full Term of Employment specified herein, the Employee shall be entitled to an Exit allowance of 1,300,000 Korean Won (KRW) within one month of successful completion of the Term of Employment.
④ The Employee may reapply to another Provincial Office of Education upon completing the Term of Employment with the current Provincial Office Education by obtaining a letter of release from the current Employer which may be issued if the Employee has satisfactorily completed the current contract. However, the Employee shall not receive an Exit Allowance for the completion of the current Term of Employment nor shall the Employee receive an Entrance Allowance for the commencement of the new Term of Employment with the new Provincial Office Education. The Employee shall be paid a Settlement Allowance of 300,000 Korean Won (KRW), when he/she begins the contract with the new Provincial Office of Education.

Article 12 (Housing) 

① The Employer shall provide the Employee with a single housing chosen by the Employer. Housing selected by the Employer may be a leased house, a studio-type room, an apartment, or other form of lodging deemed sufficient by the Employer. Any and all fees, charges, costs, taxes, expenses, etc. incurred in using the housing shall be borne by the Employee. Such fees may include but are not limited to hydro, gas and water utilities as well as internet and phone service as well as a maintenance fee from the landlord.
② The Employer may choose to provide temporary housing for the Employee until appropriate permanent housing can be obtained for the Employee.
③ If the Employee wants housing allowance in lieu of the single housing set forth in the foregoing ①, the Employer shall provide the Employee with 400,000 Korean Won (KRW) per month as a rent subsidy. In this case, the Employee shall notify the Employer of his/her decision to choose housing allowance before the commencement of this Contract.
④ The decision to choose the Provided Housing or the Housing Allowance shall be made prior to the beginning of the Term of Employment contained herein and, once decided, shall not be subsequently changed during the Term of Employment. Any and all costs incurred by the Employee as a result of changing Housing during the Term of Employment shall be borne by the Employee.
⑤ If the Employer provides housing to the Employee, the Employer shall provide the following appliances and furniture: a bed, table and chair, a closet, a range, a refrigerator, a washing machine, and a TV set. The Employee shall not request or demand any other appliances or furniture than those stipulated herein.
⑥ If the Employee uses the housing provided by the Employer, the Employee shall leave the housing on the day after the final day of the contract.
⑦ If the Employee uses the housing provided by the Employer, the Employee shall leave the housing in the same condition as when it was first occupied and the Employee shall be liable for any damage to the building and appliances occurring during the period occupied by the Employee.
⑧ The Employer shall provide couples housing only to married couples jointly employed by the Employer. If the couple holds different last names, they must prove their marital status with a marriage certificate or other relevant documentation.
⑨ If the employee wants to receive housing allowance instead of the housing provided by the Employer after renewing their contract, the Employee shall notify the principal and the Employer of his/her decision to choose to receive a housing allowance two months prior to the end date of their Contract.
⑩ If the employee resigns without giving their Principal/POE a thirty(30)-day prior written notice of resignation stating a date and a reason, the employee shall pay one-month's rent subsidy.

Article 13 (Benefits) 

① The Employee shall be entitled to a one time Settlement Allowance of 300,000 Korean Won (KRW), when he/she first begins the contract. This Settlement Allowance will not be granted in the case of a Contract Renewal.
② On behalf of the Employee, the Employer shall provide half of the Employee's medical insurance premium pursuant to the National Medical Insurance Act of Korea. In the case of dependents of the Employee (spouse and/or children) living with him or her in Korea, the Employer shall also provide and pay the medical insurance premium for the Employee's dependents.
③ In the case that the Employees is working in a remote area (as designated by the undersigned Office of Education), the Employee may be eligible for a Rural Allowance of 100,000 Korean Won (KRW) per month. Designations for rural and non-rural areas are determined individually by the undersigned Office of Education.
④ In the case that the Employee is working at more than one school, the Employee shall receive a Multiple Schools Allowance of 100,000 Korean Won (KRW) for two schools or 150,000 Korean Won (KRW) for three or more schools per month.
⑤ Employees, with the exception of Canadians and Irish, shall be eligible for exemption from paying Korean income tax during the period of the first two years of Korean employment if they provide the following documents to the Employer before the first payment of salary:
1) "Residence Certificate" issued by the relevant authority of the Employee's resident country 2) “an Application for Tax Exemption" on non-resident's Korean source income provided under the Korean Tax Treaty. If the Employee has already worked more than two years in Korea, he/she shall not be eligible for tax exemption.
⑥ The Employer, on behalf of the Employee, shall provide half of the national pension plan deduction (approximately 4.5% of salary) pursuant to the National Pension Corporation Act of Korea. American, Australian or Canadian Employees are eligible for a pension distribution refund if they submit the required documents to the Korean National Pension Corporation when they leave Korea after the completion of their Contract.
⑦ The Employee shall be entitled to severance pay according to the standard formula set out by the Ministry of Labor (equivalent to approximately one month's salary), upon successful completion of the duties set out under Article 3 hereof for the entire Term of Employment set out at the beginning of the Contract.
⑧ The Employer may provide a special allowance to an employee who has made a great contribution to the Employer and/or who is determined to work at a special institute by the Employer.

Article 14 (Paid Leave) 

① The Employee shall be entitled to a vacation period of a total of eighteen (18) working days during the Term of the Employment set forth under Article 5 hereof. If the Employees works in a school, the Employee shall have vacation for eight (8) working days during the summer recess and ten (10) working days during the winter recess respectively; If the Employee works in a training center, the Employee shall have their vacation outside the normal training session times. If the requested vacation period interferes with the smooth operation of the programming of the school or institute, the Employer and the Employee shall negotiate an alternate vacation date(s).
② The Employee shall apply for and obtain the Employer's consent to take any paid leave a minimum of fifteen (15) calendar days in advance of the requested date of leave.
③ The Employee shall note the difference between school vacation and Paid Vacation days; the Employee is expected to fulfill normal working duties during the school vacation period unless the Employee has received prior approval for Paid Vacation or Unpaid Leave during the school vacation period.
④ Regardless of the number of days over which the Paid Leave falls, eight (8) accumulated hours of Paid Leave shall be counted as one day. This includes tardiness, early leave, other absences during the work day and/or half-days of Paid Leave. A total of less than eight (8) hours will not be counted.

Article 15 (Sick Leave) 

① The Employee shall be entitled to a paid Sick Leave in the case of any illness or injury which prevents the Employee from performing the duties herein only with the express consent of the Employer. The Employee shall notify the Employer of any absence due to sickness within one (1) hour of the beginning of the Employee's duties.
② The Employee's paid Sick Leave during the Term of Employment shall not exceed eleven (11) working days. Regardless of whether the sick-leave days are consecutive or individual, the Employee shall not require a doctor's note for the first three (3) days of sick leave taken during the Term of Employment. However, a practicing doctor's medical report shall be required for any sick-leave periods taken above the three-day threshold, whether these days are consecutive or individual. The time period of the sick leave must not exceed the period advised by the physician's report. Letters from a physician must be submitted to the Employer on the first day that the Employee returns to the work place.
③ If the Employee requires a Sick Leave of more than eleven (11) working days during the Term of Employment, any working days beyond the 11-day limit will be unpaid.
④ The total number of days of Sick Leave (both paid and unpaid) used by the Employee and the reasons for taking Sick Leave will be included in the Employee's Personnel Record Card, which shall be utilized by the Employer to evaluate the Employee's conduct and determine the Employee's contract renewal.

Article 16 (Special Leave) 

① The Employee may take a paid Special Leave for a number of days as set forth below for each of the following events stated herein only with the express consent of the Employer:
1. Seven (7) calendar days for the Employee's marriage.
2. Seven (7) calendar days for the death of an Employee's parent or spouse; five (5) calendar days for the death of an Employee's child.
3. In case of a female Employee, ninety (90) calendar days shall be granted for a maternity leave. In the case of maternity leave, only the first 60 days shall be paid leave; the last 30 days shall be unpaid leave.

Article 17 (Codes of Conduct) 

① The Employee shall not behave in any manner which may damage or tarnish the reputation of the teaching profession in general or of the EPIK program and the undersigned Employer in particular.
②The Employee shall observe and comply with any codes of conduct and dress applicable to Korean teachers.
③ The Employee shall not engage in any other employment (including any part-time, private or self-employment, or online instruction) during the Term of Employment set forth under Article 5 hereof.
④ The Employee shall not be involved in any activity which could cause harm to the students or be of detriment to the reputation of the school.
⑤ Employees must not disclose any confidential information about their co-workers, school or program that they have acquired during their term of employment.

Article 18 (Termination of the Contract) 

① The Employer may legally terminate or cancel this Contract upon occurrence of any one or more of the following events:
1. The Employee violates the laws of the Republic of Korea.
2. The Employee works in Korea without holding the required valid visa.
3. The Employee fails to perform or unsatisfactorily performs any of the duties stipulated in this contract. The Employer shall provide formal written notice of unsatisfactory performance to the Employee. Three or more written notices shall be considered sufficient grounds for Termination of the Contract.
4. The Employee engages in any other employment (including any part-time, private or self-employment, or online instruction) during the Term of Employment set forth under Article 5 herein.
5. The Employee fails to perform his/her duties for more than five working days without receiving prior consent from the Employer.
6. Any of the information provided in the Employee's application is neither true nor accurate.
7. It is determined that the Employee is prevented from or incapable of performing the duties set forth under Article 3 hereof for any medical reason, whether it is physical or psychological in nature, including chronic ailments such as diabetes Mellitus, high blood pressure, chronic liver disease, tuberculosis, neurologic disorder, substance or alcohol addiction, etc.
a. If requested to take a physical and/or psychological examination by the Employer, the Employee must make themselves available within two (2) working days for the medical examination.
b. The Employee must complete a medical examination (HIV, Drug etc) in Korea for the purpose of working in Korean public schools and educational institutions. If requested by the Employer, the Employee must submit the results to the Employer immediately.
8. The total number of days of sick leave (both paid and unpaid) used by the Employee pursuant to Article 15 hereof exceeds thirty (30) days.
② In the event of termination of this Contract pursuant to any of the provisions set forth in the foregoing clause ①, the Employer shall pay the Employee a prorated salary for the final month of work based on the number of days actually worked by the Employee.
③ In the event of termination of this Contract pursuant to any of the provisions set forth in the foregoing clause ①, the Employee shall immediately refund the loan to the Employer pursuant to Article 11①.
④ In such event, the Employer will not pay the Employee the Exit Allowance. The Employee's visa will subsequently be cancelled.

Article 19 (Completion of Mandatory Orientation and Training, and Evaluation of Teaching Performance and Conduct) 

① The Employee shall complete all training deemed necessary by EPIK and/or the undersigned Provincial Office of Education. This includes but is not limited to an orientation held before the beginning of the Term of Employment and/or in-service training during the Term of Employment.
② The Employee will not be entitled to compensation for any portion of the mandatory orientation which falls outside the Term of Employment as stipulated under Article 5.
③ The Employee shall participate in any training program(s) upon request of the Employer.
④ The Employee shall sincerely participate in the Evaluation of Teaching Performance and Conduct required by the Employer.


Article 20 (Indemnification) The Employee hereby agrees to indemnify, defend and hold harmless the Employer against any and all liability, claims, suits, losses, costs and legal fees caused by, arising out of or resulting from any negligent, intentional or illegal act of the Employee during the Term of Employment under this Contract.

Article 21 (Consent to Limited Release of Information) 

① The Employee grants his/her consent that the information in the Employee's application form and/or Personnel Record Card may be used for the purpose of statistical data collected by the Employer and/or the Korean government, for his/her contract renewal with his/her current Employer or his/her new application to other provinces.
② The Employee agrees that the evaluation results stipulated in Article 19, Clause ④ may be used for his/her contract renewal with his/her current Employer or his/her new application to other provinces.

Article 22 (Governing Law, Language and Venue) 

① The terms of this Contract and the rights and obligations of the parties hereto shall be construed, interpreted and determined in accordance with the laws of the Republic of Korea.
② The Governing language of the Contract shall be Korean. The English translation of this Contract is offered for the purpose of convenience only.
③ If a dispute or disagreement should arise in connection with or out of this Contract, the parties hereto shall first try to resolve it in accordance with the principle of good faith. If the parties fail to mutually resolve such disputes or disagreements or come to amicable settlements, their disputes or disagreements shall be resolved by arbitration in Seoul, Korea in accordance with the Commercial Arbitration Rules of the Korean Commercial Arbitration Board.
④ Matters not explicitly stated in the Contract shall be determined by the Employer by taking the Employee's concerns into consideration.


Article 23 (Signature) In witness whereof, the parties hereto sign the Contract in triplicate on the date entered below with each party retaining one copy and submitting the third copy for the Employee's visa application.