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URGENT!!! Young Saeng and Pagoda!!!!!!!

 
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jherara



Joined: 13 Feb 2003

PostPosted: Tue Feb 25, 2003 6:34 am    Post subject: URGENT!!! Young Saeng and Pagoda!!!!!!! Reply with quote

Well, I'm back. I talked with the school owner and she agreed that I could start a month late with this contract. Pagoda has gone back and forth with the provisions of the contract: one minute they were covering the airfare before departure and the next they weren't; then I was responsible for acquiring the E-2 here at my own cost and then I wasn't; first there weren't any split shifts and now there is (though it is during the day so that isn't a problem). I finally have a finished contract with Pagoda and Young Saeng, but I'm still very concerned. Is it typical to have a contract in both English and Korean? Is an English Language version honored by the Korean government? Below is a copy of the contract and the director's letter--any feedback would be appreciated:

EMPLOYMENT AGREEMENT



This EMPLOYMENT AGREEMENT has been made on this day . . 200(3) by

with its principal office at : 440-320 66 Yooljun-Dong Jangan-Ku, Suwon city, Kyonggi-Do Korea and is between Young Saeng High school (hereinafter referred to as the "Employer") and ____________________ ,English conversation teacher, a citizen of____________, passport no.: _______________ (hereinafter referred to as the "Teacher").



JOB DESCRIPTION
The teacher will teach and instruct students in the English language at the following location only: Young Saeng High school unless permission is granted by Korean Immigration authorities. The teacher will be provided with the necessary books and teaching materials to conduct classes. The teacher will have free access to a computer for creating supplements for lessons. The teacher, as a native English speaker, will instruct the students in pronunciation, listening, grammar, reading, and writing exercises. The teacher will be provided with the necessary materials to conduct such exercises. If only pronunciation: no additional class preparation will be required. Employee may assist the Korean English teacher.


The Teacher will not be asked by the employer, director, manager, or colleague to drive to or from outside teaching assignments, or drive for any other purpose, until such time that the teacher is properly licensed and insured allowing the lawful operation of a motor vehicle of any type.



1. TREATMENT & TEACHING HOURS

The employer and employee are individuals of equal value and respectability coming together to respectfully exchange their services.

The service of the employee is to offer certain agreed-upon hours of work in the way agreed upon here.

The employer will return the employee's energy and efforts with material and service supports such as proper housing, salary, etc, as mutually agreed upon here.



2. WORKLOAD, HOURS, DAYS

Hours of working per week is 20 hours. 17 hours will be spent for teaching, 2 hours for students’

activities, and 1 hour for teaching instructors. For these two special hours with students, they are all members of different clubs, including newspaper publishing club. You are asked to edit some of their articles, help them to finalize their writings, and give some suggestions to support their activities if necessary. And also, free talking and discussions are necessary. This one hour with instructors, you are expected to teach lessons to instructors including topic discussions and intensive free talking. Any hours you spend to prepare for teaching lessons are not counted as teaching hours. Teaching hours change everyday between 9:20 a.m. and 4:20 p.m. However, you teach 4 hours from Mondays to Fridays and teaching hours are in block schedule, it may skip hours in the middle. For those hours during the day that you don’t teach, you are not obligated to stay at school. It is your choice whether or not you stay until the next class is in session.

2) The teacher reserves the right to refuse to do overtime or any activity for or with the school on public holidays . However there will be a mandatory instructor participation for a 3-day (2 nights) camp once during summer and winter vacation periods.

Overtime is not obligatory.



3. PERIOD OF EMPLOYMENT

The total Agreement term is one year, commencing from...........



4.PAYMENT

A monthly salary of 1.8 million won (approx. 1,500 US dollars) will be guaranteed for 20 teaching hours per week or __four hours of teaching time per working day each month for a period of 12 months.



1) The period of a calendar month is accounted for a payment session.

2) Teacher's pay is 1,800,000 Korean Won to be paid on each pay day.

3)Pension (4.5% / monthly payment) will be deducted from the instructor’s monthly payment. The institute will also pay the monthly insurance fee as the same amount as the instructor does on the behalf of the instructor. (4.5%/ monthly payment) The total amount of monthly pension fee required by the Korean law is 9 % of the employer’s monthly payment. Upon completing the contract, the instructor will have only the lump-sum refund of the amount of the instructor’s accumulative saving (4.5%/ monthly payment) through the period. The instructor is required to assist the institute through the process of the pension refund.



4)Tax

Korean income tax and resident tax will be deducted from the salary according to the Korean tax law. Income tax (4.26%), residence tax(0.426%), and 1/2 of health insurance premium. The instructor will pay the monthly health insurance fee (1.87%/monthly payment). The fee will be deducted from your monthly payment. The school will also pay the monthly insurance fee as the same amount as the instructor does on the behalf of the instructor. (1.87%/ monthly payment)

No other deduction of any type whatsoever shall be deducted from employee's salary.

4) Overtime pay

Overtime pay will be 18,000won per working hour. The overtime pay will be 18,000 won per working hour. Attendance at scheduled staff meetings, evaluating students and preparing lesson plans cannot be considered as Overtime.

5) Overtime pay of 18,000 per hour is paid on the same pay day on basis of calendar month.

6) The salary will be paid on the 17th of each month.

However the payment for the last month plus the annual bonus will be made on teacher's last workday.

7) Normal schedule finishes at 4:20 p.m. If you prefer teaching more after 4:20 p.m., the school can arrange extra teaching opportunities at a rate of 20,000 won per hour. There are students who need private lessons of English conversation.

5. RESPONSIBILTIES

1) The teacher should attend the weekly meeting if any.

2) The teacher should be in school 1 hour before the lesson to ensure quality preparation for teaching.

3) The teacher should be responsible for evaluating students, preparing lesson plans, developing teaching materials and other duties related to teaching.

4) The teacher is expected to behave in a professional manner that includes appropriate dress.

5) The Employee will not conduct private classes or accept funds other than the salary discussed in this Employment Contract.

6) If the Instructor wishes to drive in Korea, an international driver's license is required. The Instructor shall take full responsibility for any cost of acquiring a vehicle, the maintenance of such vehicle, any insurance/fees of such vehicle, and shall hold the Employer free from any harm and/or responsibility of and from such vehicle.

7) The instructor must observe faithfully and truthfully all pertinent Korea laws and regulations at the school.



6.DRESS CODE

The clean and neat dress such as shirts or sweater or casual is to be acceptable as work clothes.



7. FREE, FURNISHED HOUSING

1) Housing is a private one-room accommodation in a house or apartment building.

The housing is clean, sunny & quiet.

2) Furniture:

Bed, bedding, sheets, desk, table, dining set, TV, washing machine, clothes rack, pots, pans, dishes, phone, fridge, stove, toaster, wardrobe, air conditioning/ or fan and a working heating system.

3) Utilities are paid by the teacher on monthly basis.

4) Teacher will only pay utilities that are metered to his/her furnished apartment.



8. SAME DAY RESPONSE

Should the teacher report a problem with the heating system, fridge, stove, air conditioning etc, or asks for medical help, on the same day the school will hire help and respond to the need. Teacher is not responsible for the cost of apartment maintenance and repair.



9. ASSISTANCE & RELOCATION



The employer will provide a signed, dated, and notarized Korean Immigration E-2 work visa application for the teacher prior to his or her departure overseas to South Korea. This document is required to obtain the E-2 work visa. This document should accompany the teacher's employment contract when it is presented personally, mailed, or faxed to the teacher by the recruiter.



The employer will also provide a notarized sponsorship letter of guarantee accompanying the appropriate E-2 work visa application guaranteeing the employment of the teacher for the contract term and that the employer will not hire the teacher until an E-2 work visa is acquired.



The teacher will be considered on payroll from the date of arrival (including Sundays

and National Holidays) in Korea regardless of whether the teacher is teaching classes or

not.



Upon arrival, the teacher will be met at the airport by a representative of the school or Pagoda and escorted to the school or apartment. The teacher will not be responsible for the transportation costs.



10. 72 HOUR RELEASE CLAUSE



This clause gives the teacher a period of seventy-two hours, immediately after arriving in Korea, to determine if the recruiter and employer met contract specified working and housing conditions.



If working and housing conditions have not been met, this guarantees that employers make immediate payment to teachers for return airfare for repatriation.



11. REST, ADJUSTMENT, & ORIENTATION

After arrival in Korea, the teacher will be allowed a minimum of twenty-four hours rest as well as an adjustment period before the processing of paperwork, orientation, training and/or instructing classes. The teacher will be allowed 1day for adjustment before school preparation and regular teaching duties.

An orientation period of 1 day will be spent in the institute preparing for classes and learning the instructional system.



12. PAID HOLIDAYS /SICK DAYS/EMERGENCY LEAVE

Teachers will observe vacation and holidays as scheduled by the school. There are summer vacation (about 30days) and winter vacation (about 40days). There will be a mandatory instructor participation for a 3-day (2 nights) camp once during summer and winter vacation periods. There are also at least 2 weeks national holidays in each calendar year. Vacation weeks cannot be spread through the summer or winter, only with the exception in each season when the camp is scheduled to take place, as mentioned previously, during the vacation period. The vacations and holidays are paid (the teacher will not be asked to work extra hours to make up for his free days).

If the teacher agrees to stay for an additional year, he can ask for 1month unpaid vacation before he starts the next year's contract.



Paid Sick Leave



The Employer agrees to provide three paid sick-leave days to Instructors each year and three unpaid sick-leave days. On the first three days per year on which an Instructor misses work he or she will be paid in full for that day, with the following conditions: the Instructor must notify his or her supervisor either the night before the absence, or as early as possible on the morning of the absence. The Instructor must also present a doctor's note to his or her supervisor on the day on which he or she returns to work. Unused sick days may not be used as vacation day. Should the Instructor be absent for the consecutive days without a valid reason, his or her contract may be terminated.

The Employee will be eligible to receive up to five days of paid Emergency Leave in any year of Employment with the Employer in the event of death or serious illness of a member of the Employee’s immediate family. For the purpose of this Contract, the term immediate family refers to the parents, grandparents, grandchildren, children, brothers, sisters, or the legal spouse of the Employee. Emergency Leave will be granted at the sole discretion of the Employer after close consultation with the Academic Supervisor. The Employee will bear the cost of transportation in the event of an Emergency Leave. No more than five (5) days of paid Emergency Leave will be approved, but the Employer may grant additional unpaid days of Emergency Leave. Additional days are up to the discretion of the Employer.



13. MEDICAL INSURANCE

The teacher and his dependants will be covered for his dental and medical needs.

Your medical insurance covers your dental plans as well. However, there are some

restrictions on the services you can be benefited. This is not only for foreign instructors, but also for every instructors at school.

One half of the insurance premium is to be paid by the school and the other half is deducted from the teacher's pay.

After 30 to 45 days in Korea, the Employer agrees to provide the Instructor with medical insurance card. This delay is caused by the processing time involved in obtaining Korean medical insurance. The Instructor will be responsible for the cost of his or her own medical treatment until insurance is issued.





14. PAID AIRFARE, VISA AND RESIDENCE CARD

1) The employer is to provide the teacher with the cash equivalent of one-way economy class ticket for the teacher and his closest international airport to her new residence in.

After completion of the contract, the teacher will be provided with the cash equivalent of return ticket to the closest international airport to her original residence.

2) In the event that the Employee willfully leaves the school before completing the Period of Employment, or if the Employee is terminated, the school will not be responsible for the return ticket. In addition, if the Employee is terminated or willfully leaves before completing six (6) months of the Period of Employment, the Employer will deduct from the Employee’s last paycheck the cost of the Employee’s airfare, which was paid for the Employee’s arrival to Korea.

3) Should the school need to send the teacher and his dependants to another country for obtaining work visa, the school will cover all costs of transportation, hotel, and stay in that country.

4) The school covers Visa/residence card's costs at the local immigration office.



15. ANNUAL BONUS

One-year work comes with one-month bonus for the teacher if he has stayed to the end of his contract.

The annual bonus is paid to the teacher on the last day of this contract regardless from renewing his contract for another year or not.

16. DISCIPLINING STUDENTS

Due to the teacher’s lack of knowledge of the students' mother tongue and culture, the school principals and the local teachers will eagerly assist the English teacher should she ask for help in disciplining the students. In any incidents where students need to be disciplined in any ways, the institute is solely responsible in all types of students’ behavior. The school will provide all support so that the teachers and students study in educational atmosphere.

17. DISMISSAL OR VOLUNTARY RESIGNSATION

1) The employer and the teacher reserve the right to terminate this contract with one-month prior notice.

2) It is agreed hereby that a 'copy of teachers resignation or dismissal notice' will be his legal 'release paper'

3) In case of dismissal or resignation, teacher is paid up to his last day of work, and no fees except for the apartments utilities are deducted from his pay. All the accounts / pays on either side must be settled by the last day of teachers work.

4) Dismissal and termination of this contract can only take place if the teacher neglects correcting the following causes. The teacher will have 20 days after each warning letter to correct the situation.

A. Neglect his duties stipulated in the agreement

B. Frequent absences from work without notification of the reason of absence.

C. In case of any disrespectful behavior or verbally abusive actions by native instructors toward other staffs including instructors and also students, the school can/may give a warning to them.

All payments on either side must be settled by the last day of the teacher's work.

5) If the instructor participates or is involved in the following things they may damage the reputation of the institute and consequently be dismissed employment terminated by the institute.

A. Conducting class while under the influence of alcohol and illegal drugs, or smoking in school.

B. Making sexual advances towards, or entering into sexual relationships with students of the institute.

C. Conducting any private classes or accepting any funds without the permission of the institute.

D. Borrowing funds from students, or conducting any sales of items to students.

6) Voluntary Resignation can take place if the teacher perceives:

a. Continuous disrespect, or negligence of her human rights.

b. Negligence of the points of this contract by the school.

e. Death or severe disease of a family member, or severe illness of the teacher.

7) In the event that 7a. and 7b. occurs the employee will have the right to resign with notice at 20 working hours in advance with full payment until the day of resignation.

Cool The employer cannot dismiss the teacher during the last two months of his contract's period unless the teacher breaches the contract conditions such as frequent absence without any adequate reason.



18. WAR OR CIVIL STRIFE



The teacher may breach contract (with notice) in the events of war, civil strife, or other matters that are deemed by the Korean Government or the Canada/USA Government as being adequate reasons for the teacher to leave the country, provided that official documents from the Canadian/USA embassy are presented.



19. GOVERNING LAW & JURISDICTION

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

B. This agreement written in English is void without a duplicate of the English language contract in written in Korean and signed by both parties. This Photostat copies of this Agreement will be considered as valid as the signed original.

C. Agreement is made final and firm unless any material modification or amendment to this Agreement is executed with the full knowledge and consent of the undersigned and incorporated into this Agreement, with both parties’ signatures approving the modifications.

D. Employer can not keep or withhold documentation in the form of teacher’s passport, transcripts, original diploma, or visa during teacher’s stay in Korea. Employer will not withhold such documentation for more than 2 hours after requested for official purposes. Withholding of the above documentation will be considered by teacher as legal recourse to breach contract.

E. The employer agrees to abide by all applicable laws, including civil, criminal, commercial contract law, laws in the country of which the Employee is employed, governing all aspects of the Employee regarding employment of foreign workers, law contained in the Korean Civil Code, Private School Act (Korea), Education Act (Korea), and Industrial Safety and Health Act (Korea)."









































Date & Place :..............................................................



The school's name :.....................................................



The school owner/principle/director : ............................



Signature of the school's owner/principal/director :....................

:.....................................................



Date & Place : ..................................................





Teacher' name : ................................................



Teacher's signature: ...........................................









































The nearest Korean Immigration Office

** *** ** ***

***** *** **6* 319-2

Tel. (02)2650-6212~5

Sinjung 6-dong Yangchon-Gu Seoul



The nearest Korean Labor Office.

*********

(Tel : 031-259-0203~5)

*** *** *** *** 528-5

440-320 Yooljun-Dong Jangaan-Ku, Suwon city, Kyonggi-Do



The nearest Koren Education Office

******

*** *** *** *** 495** ****** Tel(031) 248-1040(~62)

495 Jowon-dong, Jangaan-Ku, Suwon city, Kyonggi-Do



The nearest Korean Taxation Office

*** *** *** *** 1124 (***** 194) (*)442-835

1124 Ingye-dong Paldal -Ku, Suwon city, Kyonggi-Do

Tel. 031-229-4200 Fax. 031-229-9512

e-mail: [email protected]

Fax: (822) 512-0579



The name, address, fax, and phone numbers of the local or nearest American Embassy.

FAX : 82-2-397-4101

DSN FAX : 721-4101
For more information, or to schedule an appointment, please contact us using your touchtone phone at 060-700-2510. This toll service is available 24 hours a day, but cannot be accessed from outside of Korea and cannot be accessed from public telephones.
Consular Section (ACS, NIV or IV)

32 Sejongno, Jongno-gu

Seoul 110-710, Rep. of Korea



The recruiting agency's or recruiter's business license certificate, tax ID number,

current business land mail address and telephone.

Tel.(02)512-0579 Fax.(02)512-0580

E-mail: [email protected]

Homepage: www.koreaedu21.com

Business License number: 211-86-70454

Mailing Address:Korea Education Co., Ltd.

PAGODA Outsourcing Division

5th Floor PAGODA Institute Bldg.

598 Shinsa Dong, Kangnam-Ku, Seoul, Korea 135-120


Dear Bertha Mae Ellen Chambers,



Hi! How are you? I don't know exactly which greetings is proper to you. Anyway, I'm glad to send you email. My name is Kyung-wha Woo, the head of the foreign language department of Young Saeng High School, who called to you a few days ago. I hope we have a good relationship during your stay in my school.



First of all, I'd like to thank you for your concern about my school. As I mentioned, my school begins in the 3rd of March. We need an English conversation instructor from then. We know, however, you can't come to my school until then. It's already the 25th of February.



My school is planning the opening ceremony of the English Zone where we have a language laboratory, a presentation room, a English teacher's room and an English conversation lounge. In the new semester my school begin the Project English Speciality sponsored by the Ministry of Education of Kyonggi Province.



Thanks to the project English Specialty my school can invite a native speaker as an English conversation instructor. I'd like for a native speaker to participate in the opening ceremony of the English Zone because he/she is a part of the Project English Speciality. Without the sponsorship we can't afford to invite a native speaker to the school. You are a very special and precious instructor in the school.



My school can success the Project English Specialty when a native speaker does good job and is happy in the school. My school is preparing the Accommodation for the native speaker. My school will do its best in helping you, the native speaker, for adapting yourself to the school and Korea.



I've heard you want to include Korean sentences in the English contract. I agree to the opinion of the Recurt Pagoda. We've already spent too much time making the contract. My school begins in the next week. When you want to work with us, you have to decide your mind whether come or not as soon as possible. Unless we can't sign the contract by tomorrow, my school can't wait for you any longer and help finding the other native speaker.



I'm proud of my school and my country. I hope you are not worried too much about the new situation.



I hope you are happy in my school as in your home.



Yours Sincerely,



Kyung-wha Woo



Head of Foreign Language Department of Young Saeng High School.
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Lost Seoul



Joined: 10 Jan 2003

PostPosted: Thu Feb 27, 2003 12:08 am    Post subject: Re: URGENT!!! Young Saeng and Pagoda!!!!!!! Reply with quote

jherara wrote:
Is an English Language version honored by the Korean government?


Not sure about the government but if you have to take your employer to court only the Korean version of your contract is valid.

=====================================
http://englishschoolwatch.org/contract.shtml
"A duplicate contract written in Korean is required by the Korean court to prosecute commercial disputes between the employee and employer. The U.S. Embassy in Seoul cautions: "...remember that only the Korean-language version of the contract is legally binding in Korea."
=====================================
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Lawrence



Joined: 07 Feb 2003

PostPosted: Thu Feb 27, 2003 8:11 am    Post subject: Reply with quote

5B would be problematic...
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