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THE CONTRACT REVIEW THREAD: Post yours here for a review
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Sun Jan 13, 2013 7:45 pm    Post subject: Reply with quote

Quote:
This document is a contractual agreement between the Director, ___, of ___ with address at ___ hereafter referred to as “ Party A “ and ___, Passport #___, hereafter referred to as “ Party B”.


Does the contract state employer/employee? If not, you could be considered an "independent contractor". Independent contractors pay all pension and higher taxes, whereas the employer would give the employee half of the pension contributions. That's free money for the employee, in addition to the salary, overtime, or severance.

Quote:
The period of this contract will be starting from__4st Mar 2013__and will be terminated on_30th Oct 2014


Get the correct dates. Is it 1 year or 1 year an 6/7 months?

Quote:
In the case of Employee’s resignation during the Term of Employment, the employer will not pay the severance pay.


If you stay longer than 1 year, I still think you can resign and get severance.

Quote:
The increase is not automatic and will depend


You can always get another school if they play games with the next salary.

Quote:
Teachers hired in Korea shall have the visa trip (if required) to the nearest country from Korea (cost limit 400,000won : round-trip airfare, E-2 visa pick up cost , room charge & other cost 120,000won) reimbursed by the employer on the first paycheck day.


I think they should pay it all, not just 400,000.

Quote:
Event day preparing and running


Do you agree to this and other in house rules? Other schools won't make you do this.

Quote:
(In case that the employee is appointed as a western head teacher by the employer)


I would find out about this early on. If it means more responsibilities, then it should come with more pay.

Quote:
The amount of money will be decided by the employer(limit 200,000won).


I would get this removed. You don't want additional stuff on standby. What if in the 7th month they promote you to this head position and just give 100,000? Are you going to argue for 200,000? Do you think you will get it? If it is not there, then they have to come to you and ask you if you want to be promoted. Then you can agree only if it comes with a 200,000 increase. They can't deny the request based on this contract then. You are more likely to get the 200,000 this way.
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fishstick



Joined: 24 Jan 2010
Location: Portland, OR, USA

PostPosted: Tue Jan 15, 2013 12:30 am    Post subject: Reply with quote

EMPLOYMENT AGREEMENT

◈ This employment agreement is made by and between the following parties.


A. Employer : omitted

B. Employee : .me

=> These parties agree as follows.

The "term of this agreement" shall include orientation time, twelve (12) full and consecutive teaching months, and all scheduled vacations and holidays which fall between or during teaching months. The total term of this agreement is February 28, 2013 ~ February 28, 2014. Working day commences from the day after the first 2-3 days will be seen as an adjustment period.

Ⅰ. Description of benefits provided by the employer

1. Payment for 30 hours per week (Maximum)/ 120 hours per month worked in a teaching term is 2,300,000 Korean won per month. Working hours are from 9:30 am to 5:30 pm. Salary will commence from the first day of teaching. When an Employee has not worked a full month, payment for part of a month shall be calculated and paid on a pro rata daily basis. Monthly salary payments shall be made by the employer to the employee on or before the last day of the month during which the employment services were provided.

2. The employer shall provide an economy airfare ticket (or equivalent monetary value) from the employees' point of hire to Seoul. In the event that the employee purchases a 1-way ticket from the point of hire to Seoul, the employer will reimburse the employee within 5 working days after arrival in Korea. The employer shall also provide the employee with a ticket for an economy seat from Seoul to the employee's point of hire upon the satisfactory completion of this contract. The employee can elect to receive cash-in-lieu of an economy ticket, in an amount equal to the cost of the ticket. Should the employer purchase the return ticket prior to the start of the contract, the employee is required to submit it to the employer.

3. The employer shall pay 50% of the premium for the employees' health plan which is administered through the Institute.

The employer shall make contributions to the national pension plan on a monthly basis in an amount equal to the contributions made by the employee. The employee receives the right to contract the National Pension Scheme to verify the payments have been made and are up to date.

4. The employer will select and provide furnished living accommodations for the employee. The accommodation will be a couple bedroom studio. The employer shall provide basic furniture items and appliances like a bed, a refrigerator, a washing machine, an air conditioner and a gas stove. The employer will pay the rent for the studio. The employer will not pay for various communication and other fees including internet service. The employer will not pay for utilities such as power, water, gas, and heating costs.

5. The employer retains the sole right to schedule the employee based upon the requirements of the school. Should the employee participate in extra classes, over their regular schedule of thirty hours, the employee shall receive 22,000 won per hour.

6. The employee must allocate sufficient time each day to plan their daily classes. If a performance evaluation determines that the instructor is not properly preparing for classes, the manager may ask the instructors to plan their classes at the school for up to 2 hours per week if necessary (For example 'Workshop').

7. The employee will be entitled to observe public holidays and receive vacation days during the contract term according to a yearly schedule refers. There are 10 vacation days in each calendar year (from January to December).

8. The employer will undertake all the pertinent steps and measures in order to obtain a residence visa and work permit (E-2 or F-4) for the employee. For this purpose, the employee will furnish the employer with all the documents that the employer requests, such as the original or certified copy of their University degree, transcripts, etc.. The employer will not be held responsible if the Korean authorities refuse to grant the visa. The expenses incurred by the employee will not be reimbursed.

9. Two months before the expiration of this contract, both parties should notify each other as to whether or not they will renew this contract for another year. The parties will then renegotiate the salary and terms of employment for the 2nd year.

10. A bonus equal to one month's salary will be paid to the employee, once all outstanding utility bills and obligations are paid and upon the successful completion of this contract. If this is not the case, such expenses may be deducted from the bonus, and/or the employee's salary.

Ⅱ. Description of services provided by the employee

1. The employee will be responsible for conducting professional, well-planned English language classes based upon the instructional program, and will be expected to perform duties related to the classroom work, or Student Evaluations, Monthly Schedules, new student interviews and or lesson plans.

2. The employee will dress and behave in an appropriately professional manner.

3. The employee must at all time refrain from using inappropriate language in the classroom and or on school property. Cussing will not be tolerated as teachers should be examples to children. (For example ‘Shut up’, ‘shit’,… )


4. Teachers must not engage in any inappropriate manner that might cause shame to students, parents or the school. Sexual harassment would lead to immediate dismissal.

5. The employee may be required to go on field trips and perform required duties.

6. The employee will work for the employer only. Any other employment is contrary to Korean law, and will be considered a breach of contract and is the cause for immediate dismissal.

7. Unless otherwise agreed to in writing, the employee understands and accepts that the rights to use, sell, distribute or publish all original material produced by the employee during the course of employment and for which the employee is compensated as either regular pay, overtime or in an agreed-upon lump sum, remain the sole property of the employer.

8. The employee understands and agrees that at all times during the term of this agreement, the employee will strictly adhere to and obey all laws, regulations, provisions, instructions and guidance from the Government of Korea (ROK) or any local government or officials thereof. Furthermore, he/she will conduct himself/herself in a manner that does not detract from the reputation or the good name of the institute.

9. The employee will accept, and follow the instructions, supervision, guidance, training and discipline of the Academic Supervisor (or any other manager as the employer shall designate) and will carry out such assignments such as planning for lessons, attending staff meetings and workshops, leaving records of the lessons, etc., as directed. The employer is ensuring standards are met.

10. The employer has the right to dismiss the employee for neglecting their duties after being warned or for criminal or other conduct inside or outside the place of employment that would, in the opinion of the academic supervisor, seriously jeopardize any student or staff person, reputation of or financially harming (by misuse or destruction of school property or housing) the employer.

11. Should the employee voluntarily resign prior to the termination of the term of this agreement, or breach the contract in any way, the employer will not be obligated to pay the cost of return transportation to the employee's point of hire.

12. The employee will pay any cancellation charges or other expenses the employer incurs due to the premature cancellation of the lease of the apartment the employer originally provided for the employee, if any, if such a cancellation is the result of the employee's premature termination of this contract without notice or eviction of the employee from the apartment caused by the employee's negligence or misconduct. These expenses will be deducted from the employee's salary. In the event the employee ends the contract prematurely, the employee shall not be held responsible for any losses incurred by the employer with regards to premature cancellation of the apartment lease, provided that a minimum of sixty (60) days notice is provided to the employer,

13. The employee must give written notice if he/she is not able to teach a class, at least one day in advance. In these cases your salary will be deducted in accordance to each class hour missed where each class hour is valued at 17,000 Korean won. Should the employee not teach an assigned class (without notification), the employee will be given a warning of dismissal.

14. In case the employee is late for classes, unexcused absent, refuses to teach a lesson, or disobeys any order or instruction given by the academic supervisor, the employer will warn the employee, and if the employee persists in his/her misconduct, the employee will be dismissed 2 verbal and 1 written warnings before dismissal.

15. In the event that the employee wants to end the contract prematurely, the employee must give the employer at least a 60 day notice in advance. If the employee decides to end the contract within 6 months of the date of commencement, the teacher will be required to reimburse the employer for the airfare to Korea.

In the event the employee decides to end the contract prematurely, the employer agrees to provide the employee a letter of release, provided that the employee provides a minimum of sixty (60) days notice to the employer.

16. Concerning the employee’s working days: the employee will work 5 days a week, from Monday to Friday and will not be required to work on Saturday or Sunday except for the following exception. The employer might schedule one parent meeting in a term or 2 parent meetings in a year that falls on a weekday. If this happens, classes will be
canceled and employee's will still get paid, but might be asked to teach on the following Saturday (without extra compensation) to make up lost class time. Such parent meetings are limited to 2 per year and teachers will not be required to teach more than 2 Saturdays a year without their consent and compensation.

17. The laws of The Republic of Korea shall govern this agreement.

18. This contract is valid for one year and shall commence when proper permission is granted by authorities.

19. Both parties understand/agree to the contract and through the Principle of Good Faith, sign names and keep one contract each.
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Tue Jan 15, 2013 11:40 am    Post subject: Reply with quote

Quote:
12. The employee will pay any cancellation charges or other expenses the employer incurs due to the premature cancellation of the lease of the apartment the employer originally provided for the employee, if any, if such a cancellation is the result of the employee's premature termination of this contract without notice or eviction of the employee from the apartment caused by the employee's negligence or misconduct.


Probably not going to be an issue, but contracts usually don't have this. With large security deposits in Korea, I don't think it is wise to open yourself up to anything beyond the basic damages and unpaid bills clause as it relates to apartment issues.

Who decides if it was the employee's fault?

Quote:
If this is not the case, such expenses may be deducted from the bonus, and/or the employee's salary.


Choose one or the other, not both. I think the bonus/severance money shouldn't be a part of the yearly deductions personally, but in the end if you get 1 month somewhere and 1 month minus deductions, it's the same.

Overall, this sounds like an older contract which has better conditions. Without conveying this to the school, I would double check things like salary and work schedule in the sense you just want to know your duties.
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The_Conservative



Joined: 15 Mar 2007

PostPosted: Wed Jan 16, 2013 10:52 pm    Post subject: Reply with quote

fishstick wrote:
EMPLOYMENT AGREEMENT

◈ This employment agreement is made by and between the following parties.


A. Employer : omitted

B. Employee : .me

=> These parties agree as follows.

The "term of this agreement" shall include orientation time, twelve (12) full and consecutive teaching months, and all scheduled vacations and holidays which fall between or during teaching months. The total term of this agreement is February 28, 2013 ~ February 28, 2014. Working day commences from the day after the first 2-3 days will be seen as an adjustment period.

Ⅰ. Description of benefits provided by the employer

1. Payment for 30 hours per week (Maximum)/ 120 hours per month worked in a teaching term is 2,300,000 Korean won per month. Working hours are from 9:30 am to 5:30 pm. Salary will commence from the first day of teaching. When an Employee has not worked a full month, payment for part of a month shall be calculated and paid on a pro rata daily basis. Monthly salary payments shall be made by the employer to the employee on or before the last day of the month during which the employment services were provided.

I personally would not accept this pro rata...you are on salary, not an hourly rate. Not a deal breaker in itself though.


2. The employer shall provide an economy airfare ticket (or equivalent monetary value) from the employees' point of hire to Seoul. In the event that the employee purchases a 1-way ticket from the point of hire to Seoul, the employer will reimburse the employee within 5 working days after arrival in Korea. The employer shall also provide the employee with a ticket for an economy seat from Seoul to the employee's point of hire upon the satisfactory completion of this contract. The employee can elect to receive cash-in-lieu of an economy ticket, in an amount equal to the cost of the ticket. Should the employer purchase the return ticket prior to the start of the contract, the employee is required to submit it to the employer.

3. The employer shall pay 50% of the premium for the employees' health plan which is administered through the Institute.

Make sure this is the National Health Plan.

The employer shall make contributions to the national pension plan on a monthly basis in an amount equal to the contributions made by the employee. The employee receives the right to contract the National Pension Scheme to verify the payments have been made and are up to date.

4. The employer will select and provide furnished living accommodations for the employee. The accommodation will be a couple bedroom studio. The employer shall provide basic furniture items and appliances like a bed, a refrigerator, a washing machine, an air conditioner and a gas stove. The employer will pay the rent for the studio. The employer will not pay for various communication and other fees including internet service. The employer will not pay for utilities such as power, water, gas, and heating costs.

5. The employer retains the sole right to schedule the employee based upon the requirements of the school. Should the employee participate in extra classes, over their regular schedule of thirty hours, the employee shall receive 22,000 won per hour.

6. The employee must allocate sufficient time each day to plan their daily classes. If a performance evaluation determines that the instructor is not properly preparing for classes, the manager may ask the instructors to plan their classes at the school for up to 2 hours per week if necessary (For example 'Workshop').

7. The employee will be entitled to observe public holidays and receive vacation days during the contract term according to a yearly schedule refers. There are 10 vacation days in each calendar year (from January to December).

8. The employer will undertake all the pertinent steps and measures in order to obtain a residence visa and work permit (E-2 or F-4) for the employee. For this purpose, the employee will furnish the employer with all the documents that the employer requests, such as the original or certified copy of their University degree, transcripts, etc.. The employer will not be held responsible if the Korean authorities refuse to grant the visa. The expenses incurred by the employee will not be reimbursed.

9. Two months before the expiration of this contract, both parties should notify each other as to whether or not they will renew this contract for another year. The parties will then renegotiate the salary and terms of employment for the 2nd year.

10. A bonus equal to one month's salary will be paid to the employee, once all outstanding utility bills and obligations are paid and upon the successful completion of this contract. If this is not the case, such expenses may be deducted from the bonus, and/or the employee's salary.

This is not a bonus it is severance pay and is mandated by Korean law

Ⅱ. Description of services provided by the employee

1. The employee will be responsible for conducting professional, well-planned English language classes based upon the instructional program, and will be expected to perform duties related to the classroom work, or Student Evaluations, Monthly Schedules, new student interviews and or lesson plans.

2. The employee will dress and behave in an appropriately professional manner.

3. The employee must at all time refrain from using inappropriate language in the classroom and or on school property. Cussing will not be tolerated as teachers should be examples to children. (For example ‘Shut up’, ‘shit’,… )


4. Teachers must not engage in any inappropriate manner that might cause shame to students, parents or the school. Sexual harassment would lead to immediate dismissal.

5. The employee may be required to go on field trips and perform required duties.

6. The employee will work for the employer only. Any other employment is contrary to Korean law, and will be considered a breach of contract and is the cause for immediate dismissal.

7. Unless otherwise agreed to in writing, the employee understands and accepts that the rights to use, sell, distribute or publish all original material produced by the employee during the course of employment and for which the employee is compensated as either regular pay, overtime or in an agreed-upon lump sum, remain the sole property of the employer.

8. The employee understands and agrees that at all times during the term of this agreement, the employee will strictly adhere to and obey all laws, regulations, provisions, instructions and guidance from the Government of Korea (ROK) or any local government or officials thereof. Furthermore, he/she will conduct himself/herself in a manner that does not detract from the reputation or the good name of the institute.

9. The employee will accept, and follow the instructions, supervision, guidance, training and discipline of the Academic Supervisor (or any other manager as the employer shall designate) and will carry out such assignments such as planning for lessons, attending staff meetings and workshops, leaving records of the lessons, etc., as directed. The employer is ensuring standards are met.

10. The employer has the right to dismiss the employee for neglecting their duties after being warned or for criminal or other conduct inside or outside the place of employment that would, in the opinion of the academic supervisor, seriously jeopardize any student or staff person, reputation of or financially harming (by misuse or destruction of school property or housing) the employer.

11. Should the employee voluntarily resign prior to the termination of the term of this agreement, or breach the contract in any way, the employer will not be obligated to pay the cost of return transportation to the employee's point of hire.

12. The employee will pay any cancellation charges or other expenses the employer incurs due to the premature cancellation of the lease of the apartment the employer originally provided for the employee, if any, if such a cancellation is the result of the employee's premature termination of this contract without notice or eviction of the employee from the apartment caused by the employee's negligence or misconduct. These expenses will be deducted from the employee's salary. In the event the employee ends the contract prematurely, the employee shall not be held responsible for any losses incurred by the employer with regards to premature cancellation of the apartment lease, provided that a minimum of sixty (60) days notice is provided to the employer,

13. The employee must give written notice if he/she is not able to teach a class, at least one day in advance. In these cases your salary will be deducted in accordance to each class hour missed where each class hour is valued at 17,000 Korean won. Should the employee not teach an assigned class (without notification), the employee will be given a warning of dismissal.

14. In case the employee is late for classes, unexcused absent, refuses to teach a lesson, or disobeys any order or instruction given by the academic supervisor, the employer will warn the employee, and if the employee persists in his/her misconduct, the employee will be dismissed 2 verbal and 1 written warnings before dismissal.

15. In the event that the employee wants to end the contract prematurely, the employee must give the employer at least a 60 day notice in advance. If the employee decides to end the contract within 6 months of the date of commencement, the teacher will be required to reimburse the employer for the airfare to Korea.

In the event the employee decides to end the contract prematurely, the employer agrees to provide the employee a letter of release, provided that the employee provides a minimum of sixty (60) days notice to the employer.

16. Concerning the employee’s working days: the employee will work 5 days a week, from Monday to Friday and will not be required to work on Saturday or Sunday except for the following exception. The employer might schedule one parent meeting in a term or 2 parent meetings in a year that falls on a weekday. If this happens, classes will be
canceled and employee's will still get paid, but might be asked to teach on the following Saturday (without extra compensation) to make up lost class time. Such parent meetings are limited to 2 per year and teachers will not be required to teach more than 2 Saturdays a year without their consent and compensation.

17. The laws of The Republic of Korea shall govern this agreement.

18. This contract is valid for one year and shall commence when proper permission is granted by authorities.

19. Both parties understand/agree to the contract and through the Principle of Good Faith, sign names and keep one contract each.



Meh...I've seen worse. Except for the pro rata issue...it's not that bad (always assuming the owner is honest that is).
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fishstick



Joined: 24 Jan 2010
Location: Portland, OR, USA

PostPosted: Wed Jan 16, 2013 10:56 pm    Post subject: Reply with quote

Thanks for your help, you guys! This is my second round in Korea. I'm excited to return. Laughing
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h_k



Joined: 13 Jan 2013

PostPosted: Thu Jan 17, 2013 11:46 am    Post subject: Reply with quote

All advice or help is really appreciated! I think it's OK but if there are any red herrings I would be glad to hear them.

Employment Agreement

WHERE AS the Company has offered the Employee the position of Teacher which is subject to the terms and conditions hereinafter contained;
NOW THEREFORE in consideration of the mutual covenants and agreements herein contained, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

1. Employment. The Company shall employ the Employee as a teacher and the Employee shall serve in that capacity, on the terms and conditions in this Agreement.

3. Description of Duties: The Employee shall perform the duties associated with the position of teacher for the Company. The Employee’s general duties shall include, but shall not be limited to the following and other duties may be assigned to the employee from time to time by the Company:

i. To perform a maximum of 30 hours of in-class teaching and 10 hours of teaching-related work per week. The work week consists of 5 consecutive days per week with no regularly scheduled teaching on Sundays.

ii. To perform level testing during designated times as needed. Level testing is part of the additional 10 hours of teaching-related work and may be scheduled outside the regular working schedule. Level testing hours exceeding the additional 10 hours of teaching-related work will be paid 15,000 won per hour.

iii. Teaching hours exceeding the 30 minimum hours will be paid at an overtime rate of 25,000 won per hour.

iv. To be aware of and follow Company guidelines for the implementation and execution of English Immersion Kindergarten/English language instruction in a school and classroom environment, including, without limitation:
1) Lesson preparation and record keeping;
2) Preparation of student progress reports and evaluations;
3) Correction and grading of student work;
4) Communication with parents in keeping with school policy;
5) Attendance at staff meetings;
6) Participation in teacher training workshops;
7) Supervision of students while they are in the school and during their arrival and departure;
Cool Direction to and collaboration with teacher assistants for programming, supervision, and communication;
9) Teaching material preparation and maintenance; and
10) Other professional duties as may be assigned by the Director.

v. Be aware of and follow all Company administrative practices and procedures as are from time to time made known to the Employee. The Employee shall perform the specific duties as outlined in the current job description, a copy of which is attached and forms part of this Agreement.

4. Standards of Performance: The Employee shall conduct himself at all times in a professional, competent and respectful manner while in class, on campus and while living in Korea.
i. The execution of all duties in a complete and comprehensive manner in accordance with standard educational institution methods and practices.
ii. At all times adopt proper and culturally acceptable attire in front of students, at school.
iii. Refrain from using abusive or profane language, or from referring to any subject considered culturally sensitive, or in front of, students or parents and in public.
iv. Treat all members of Company staff with respect.
v. Strictly observe and comply with all local laws, ordinances, customs, traditions and culturally accepted practices.
vi. Comply with all Company policies, procedures and directions. The Employee shall be evaluated three times during the contract term by either the Director or designate who shall provide a written evaluation to the Employer

5. Compensation and Benefits : During the term of this Agreement, the Employee shall receive the following compensation and benefits :
i. Base Salary: The Employee shall receive a base salary of 2.1million Korean won per month. Payment shall be made on a monthly basis, from which any taxes and other fees required to be withheld under Korean laws and regulations will be deducted by the Company.

ii. Severance Payment: Upon successful completion of the contract, a bonus pay, which is the equivalent of one month’s salary per year worked, less taxes, shall be paid out on the day the contract ends. If the Employee’s employment is terminated prior to this time for any reason, whether voluntarily or involuntarily, or if the employee resigns prior to this time, or for any reason. or otherwise fails to complete the assignment hereunder, the Employee shall receive no Contract Completion Severance payment whatsoever.

iii. Compensation under this Agreement shall commence upon the Employee’s beginning to provide services to the Employer in Korea under this Agreement irrespective of any other date or time referred to in this Agreement.

iv. Airfare: If the employee is not already within South Korea, the Company shall provide a round trip economy air ticket from the Employee’s closest Canadian/American city to Seoul, South Korea for the Employee contingent upon receipt of all necessary documents, successful acquisition of the E-2 visa, and signing of the contract. The Employee will receive the return portion of the airfare upon completion of the 12 month contract. If the Employee resigns or is terminated within the first six months of employment with the Company, the Employee will be responsible for bearing the cost of the air ticket into Seoul, South Korea.

v. Housing: The Employee shall be provided with a partly furnished studio-type apartment to be used by the Employee alone. The Company will withhold 600,000 won as a security deposit –300,000won deduction from Employee’s salary for two months –and return it upon completion of the contract less the cost of any damage to the apartment or furniture or unpaid utilities. The Company will pay the monthly rent while the Employee will be responsible for paying monthly maintenance fees, utilities, phone bills, and any other fees incurred while occupying the apartment. In the case of the Employee not taking housing accommodation provided by the Company, a monthly housing allowance of 300,000 won will be provided.

vi. Vacation: The Company agrees to offer the Employee 6 month 5 days vacation pay. Two weeks of vacation leave are to be taken during the time when the school is closed.
The Employee will also receive all National Korean Holidays.

vii. Sick Leave: The Employee will be provided with a maximum of 3paid sick days during the term of this Agreement. To qualify for the paid sick-days, the Employee must submit satisfactory documentation from a qualified physician to the Director confirming that the Employee was ill and unable to perform his/her duties under this Agreement on the day or days in question.

viii. Working Visa: The Employer shall provide the Employee with all necessary entry permits and visas for residency and employment in Korea during the term of this Agreement. Should the Employee terminate the Agreement with the Company before the end date, he/she will reimburse the company the cost incurred in obtaining the working visa.

6. Rights upon Termination
i. The Company may terminate the Employee’s employment under this Agreement summarily, at any time, for just legal cause. In the event that the Employee’s employment is terminated for just cause, the Employee shall be entitled to no further compensation, benefits, expenses and costs, or severance pay of any kind under this Agreement, any statute or at common law. For the purpose of this Agreement, “for just cause “includes, but is not limited to, the failure of the Employee to fulfil their duties to the Company’s satisfaction, the Employee’s failure to comply with local laws and ordinances, Employee’s failure to follow the Company’s policies and procedures and/or directions from administration, or if the Employee’s conduct or behaviour adversely affects the image of the Company or places the Company in danger of incurring any financial losses, the Company has the right to terminate the Agreement immediately with no benefits owing to the Employee.
ii. The Employee will be given a written admonishment by the Company for unsatisfactory work or performance or unprofessional conduct.
iii. If the Employee fails to make necessary corrections or changes within 14 days of the admonishment, then he/she will be given a notice of dismissal and/or suspension of functions and/or reduced teaching hours. The salary for the month in which the final notice was given will be calculated retroactively based on the hours worked for the said month. In the case of suspension of functions and/or reduced hours teaching hours, the Employee will be paid based on the actual number of teaching hours calculated with regards monthly salary, and compensation and benefits except salary are not provided.

iv. In accepting this as a term of employment, the Employee acknowledges that this Agreement and his employment is for a fixed term and that he has been given notice of its expiry, effective as of the date of this Agreement.

v. If the Employee elects to terminate this Agreement at any time, in all circumstances he/she shall provide two months (2) notice in writing of such intention to the Company. This is so that Company can find a proper replacement for the Employee as to not cancel any classes. Should the Employee fail to provide the Company with at least two months (2) notice, the Employee will be held liable for any monetary damage caused as a result of his/her departure.

vi. If the Employee, has been employed for six months or longer with this contract, and is dismissed by the Company without Just Cause during the term of the Agreement, the Employee will be provided, upon dismissal, with a lump sum payment equivalent to one(1) months ‘base salary, less applicable deductions and withholdings required by law. This payment will represent the Employee’s full entitlement from the Company, under, without limitation, statute and at common law.

vii. Upon the expiration of this Agreement, the Employee shall not be entitled to the payments set out in paragraph (vi) herein, or to any payment on account of severance, whether statutory or otherwise. In accepting this as a term of employment, the Employee acknowledges that this Agreement and his employment is for a fixed term and that he has been given notice of its expiry, effective as of the date of this Agreement.

10. Entire Agreement: This Agreement is the entire agreement between the parties on its subject matters, and supersedes all prior and contemporaneous discussions and understandings. No waiver, modification or termination of this Agreement shall be effective unless in writing and signed by all parties.

11. Applicable Law and Attornment:This agreement shall be governed by and construed in accordance with the laws of Korea. Each party hereto irrevocably consents and agrees that any legal action, suit or proceeding against it with respect to its obligations, liabilities or any other matter arising out of or in connection with this Agreement may be brought to the Seoul District Court.
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Thu Jan 17, 2013 12:42 pm    Post subject: Reply with quote

Quote:
i. To perform a maximum of 30 hours of in-class teaching and 10 hours of teaching-related work per week. The work week consists of 5 consecutive days per week with no regularly scheduled teaching on Sundays.


That's 40 hours. Usually, you do about 25 classes with 5 more as office hours. Schools sometimes try to get 30 classes. Figure 120 hours, but 160 is basically giving a free week each month without pay.

Quote:
Level testing is part of the additional 10 hours of teaching-related work and may be scheduled outside the regular working schedule.


And here is the reason. They want to use you for free labor and not pay overtime for this.

Quote:
Level testing hours exceeding the additional 10 hours of teaching-related work will be paid 15,000 won per hour.


So, after you have given them 10 unpaid hours, then they will give you some overtime pay. The average is about 18,000-20,000.

Do you really want this? At the end of the week 10 extra hours resets, and you have to give 10 more the next week. I have seen it where schools will have you work 11 extra hours one week, and then only 9 the following week. You think you will get 1 hour of overtime pay, but because you only did 9, at the end of the month the school will argue you aren't entitled to overtime pay.

They might only give overtime pay if you have done 161 hours.

Quote:
iii. Teaching hours exceeding the 30 minimum hours will be paid at an overtime rate of 25,000 won per hour.


How do you choose if it is a teaching hour at 25,000 or if it is level testing at 15,000? It's quite a different rate. If I had one 25,000 class for every 15,000 class (or 2), then I would get 18,000 or higher on the average. The way it is now, they could line up a bunch of 15,000 classes and never give a 25,000 class.

And, that's only after you have given them 10 extra hours for free.

Quote:
4) Communication with parents in keeping with school policy;


What does this mean? How much time is involved?

Quote:
vi. Vacation: The Company agrees to offer the Employee 6 month 5 days vacation pay. Two weeks of vacation leave are to be taken during the time when the school is closed.
The Employee will also receive all National Korean Holidays.


Sounds good, but they mention 5 days, then they say 2 weeks (which mean 10 days total in a year to me). Do they mean one 5 day vacation after 6 months and then 5 days near the end? When do you take days 6-10? Do you have to take 1 longer vacation? Ask now.

The working schedule is the biggest concern. Find out what exactly they want and how many classes you have to teach. 25 classes is the average, then either 5 office hours or 30 classes. After that, you should get overtime pay of 18,000-20,000.

This contract states 30 hours, then 10 more, and then less overtime pay. There is no mention of how many 25,000 classes you can get.
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imagicaxx



Joined: 19 Dec 2010

PostPosted: Thu Jan 17, 2013 5:54 pm    Post subject: Reply with quote

any opinions would be appreciated

CONTRACT / AGREEMENT
고용계약서

This document is a contractual agreement between by with address at Korea, hereafter referred to as “ Employer “ and the instructor, , Passport # , hereafter referred to as “ Employee”.

(이하 고용주라 칭함)와 강사 ( ) 여권번호 _____________ (이하 피고용주라 칭함)는 다음 항목에 동의하여 계약한다.
1. Contract period
1) The period of this contract will be starting from FEB 2013 and will be terminated FEB 2014 .
2) Employee must inform Employer of whether to renew the contract or not two months prior to the end of the contract, and the contract may be renewed at that time by mutual agreement.


1) 계약기간은 2013년 월 일부터 2014년 월 일까지로 한다.
2) 피고용자는 이 계약이 끝나기 2개월 전에 계약을 갱신할 것인지를 알려야 하며 재계약은 상호 동의 및 협조에 의해 이루어 진다.
2. Salary
1) Employee shall be paid 2,200,000won per month. However, the Korean income tax, medical insurance and National pension as required under Korea law shall be withheld each month from Employee’s salary (50% of medical insurance and national pension will be supported by Employer). Employer will enroll Employee in the Korean National Health Insurance and give Employee a medical insurance card ASAP.

2) Employee’s salary from 27thday of the month to 26th day of the next month shall be paid on the 26th of the month following each pay period. If this day falls on a National Holiday, Saturday or Sunday, the salary will be paid on the immediately preceding business day.
3) Should Employee be absent from Work without a prior approval, his or her salary for that month shall be deducted by 2times the amount calculated on a pro rata daily basis for the number of unauthorized absent days.
4) Upon completion of a one-year contract, Employer shall pay Employee thirty (30) calendar days’ average wage as a severance pay for Employee’s continuous employment of one year. The severance pay will be paid on the last working day of the contract period.
5) Employee whose contract is renewed for a second term or subsequent terms may be eligible for an increase in salary. The increase is not automatic and will depend, in all cases, upon Employee’s teaching performance and contribution toward the achievement of the educational goals of School.

2. 보수
1) 피고용자의 보수는 매월 한화 2,200,000_원이며, 대한민국 법에 따라 소득세, 의료보험 및 국민연금을 원천 징수한다. (의료보험과 국민연금은 고용주와 피고용자이 각 50%씩 부담한다.) 고용주는 가능한 빨리 피고용자를 의료보험에 가입시키고, 보험카드를 발급해 준다.
2) 27일부터 26일까지 일한 보수는 매월 26일에 지급한다. 만일 이 날이 근무 일이 아닌 경우, 그 전날에 지급한다.
3) 피고용자가 사전 허가 없이 무단 결근하였을 경우에는 결근일수만큼 일할 계산하여 두 배의 금액을 보수에서 공제할 수 있다.
4) 피고용자의 1년간 계약이 만료되면, 1년에 대하여 30일분의 평균임금을 퇴직금으로 지급한다. 퇴직금은 계약기간 마지막 날에 지급한다.
5) 재계약을 체결하는 피고용자의 보수는 교육목적에 부합한 교수 능력과 실적, 공헌을 평가하여 인정될 경우에 한하여 인상될 수 있다.
3. Working Hours
1) Employee will work for Employer as English language instructor for a maximum 30 teaching hours per week . One teaching hour means 60 minutes. Working hours are from 09:40am to 4:10pm.
2) Classes and teaching will be scheduled in accordance with the needs of Employer.
3) Employee will be paid overtime charges for working over 30 hours per weeks or after 5 pm on working days.
4) When there is a presentation or special activities taking place at the work place, Employee must participate even on Saturdays. (It wouldn’t be more than 4 times in a year and will not be considered over time)
5) Even if there is no class to attend, Employee must be at the work place within the working days and hours.


3. 근무시간
1) 피고용자는 주당 최대30시간 강의를 한다. 한 시간 수업은 60분을 의미한다. 근무시간을 오전9:40시부터 오후4:10까지 이다.
2) 반편성과 수업은 고용자의 필요에 의해 계획된다.
3) 한주에 30시간을 넘기거나, 또는 오후 5시를 넘기는 시간은 오버타임으로 인정한다.
4) 피고용자는 특별 행사 시 (토요일 포함 / 년 4회 미만) 원내 행사에 참여 해야 한다.
5) 피고용자는 수업이 없을 시에도 원내에 고용시간 내에는 원내 상주를 원칙으로 한다.



4. Accommodation
1) Employer will provide a studio apartment or flat (a person has one room) and will take responsibility for normal maintenance. (repairs, etc.). The following items should be provided by Employer. The studio apartment should be clean upon arrival.
(Bed, TV, Washing machine, Clothes rack, Pots, Table, Dishes, Forks, Knives, Spoons, Refrigerator, Air conditioner, Heating system)

2) Employee’s accommodation is a single studio apartment
3) Employee will be responsible for paying utilities, such as for the gas, electricity, etc.
4) Employee is not responsible for the previous occupant's unpaid bills.
5) Employer will provide on for housing allowance instead of housing if Employee wants.

4. 숙소
1) 고용자는 피고용자에게 아파트 또는 원룸 아파트를 제공하며 일반적인 주거비를 책임진다. 고용자는 일반 아래의 아이템들 고용주가 제공한다. 오피스텔은 도착 시에 청결해 있어야 한다
(침대, 텔레비전, 세탁시, 옷장,냄비, 테이블, 접시, 포크, 칼, 스푼, 냉장고, 에어컨, 난방장치)
2) 피고용자의 숙소는 혼자 사용하는 원룸 또는 오피스텔이다.
3) 피고용자(사용자)는 숙소 가스사용료, 전기요금 등의 일반 유지비를 부담한다.
4) 피고용자는 이전 사용자의 미지불된 계산서에 책임 있지 않다.
5) 고용자는 피고용인이 원한다면 숙소 대신 그에 상응하는 금액으로 원을 지급한다.
5. Air Fare and Resignation
1) The airfare for Employee’s flight, actual purchasing price, to Korea shall be prepaid by Employer based on an economy class airfare of the most direct flights available from his/her permanent residence to Incheon International Airport.
a. Teacher residing outside of Korea: Employer shall pay for airfare between the nearest International Airport from Employee's place of residency and the Incheon international airport in Korea. Airfare will be paid in the following fashion: A one-way ticket to Korea will be reimbursed after the completion of the employment contract in Korea and after the completion of the employment contract a one-way ticket to the airport of departure will be provided
b. Teacher residing in Korea: Teachers hired in Korea shall have the visa trip to the nearest country from Korea (round-trip airfare & E-2 visa pick up cost won & other cost won) reimbursed by Employer. But Employer will all pay for the visa run to Japan and get reimbursed together with the first month salary. After the completion of the employment contract a one-way ticket to Employee’s foreign residence will be provided.
c. Once Employee receive E-2 visa, Employee must apply Alien card at the immigration office which is indispensable card to live in Korea. It will cost 10,000won for the stamp, and it will not be reimbursed by Employer.
2) If Employee should desire to resign during the Term of Employment, he/she must give Employer a sixty (60) day prior written notice of resignation stating a date of and a reason for resignation.
3) In the case of Employee’s resignation, the airfare for his/her return trip shall be borne by Employee and his/her visa shall be cancelled.

5. 항공료 및 사직
1) 피고용자의 입국항공료는 피고용자의 입국 후 고용자가 피고용자의 거주지역에서 한국 인천공항까지의 최단거리를 기준으로 한 3등석 항공요금을 지급한다.
a. 해외거주 후보자 – 국내 도착 편도 항공비용 지원, 계약완료 후 귀국 최단거리 편도 항공권 지원
b. 국내거주 후보자 – 비자 발급 위한 일본왕복 항공권 및 숙박료(만원) 지급, 계약완료 시 본국으로 돌아가는 최단거리 편도 항공권 지원, 그러나 고용주는 첫 월급날에 비자 발급에 사용된 모든 비용을 지불할 것이다.
c. 피고용자는 E-2비자 취득 후, 즉시 외국인 등록증을 신청하며, 이에 대한 제반 비용은 피고용자가 부담하는 것을 우선으로 한다.
2) 만약 피고용자가 부득이한 사유로 고용기간 중에 사직할 경우에는 60일 이내에 사직 일자와 사유를 서면으로 고용자에게 통보하여야 한다.
3) 피고용자가 사직하는 경우에는 귀국항공료를 피고용자가 부담하며, 피고용자의 비자는 취소된다.
6. Holidays
1) Employee shall be entitled to a paid leave for a total of five (10) working days during the term of the employment. Paid leave may be taken at any time school is not in session. Saturday and Sunday do not count as vacation days. If Employee renews the contract, up to 3 days of unused yearly paid leave may be carried over to the new contract period. This carried over paid leave may be used in the new contract period, but it may not be carried over into any subsequent contract period.

6. 휴가
1) 고용자는 피고용자에게 고용기간 동안 학기 중이 아닌 기간에 10일의 유급휴가를 제공한다. 토요일과 일요일은 유급휴가일에 포함시키지 않는다. 피고용자가 계약기간을 만료하고 재 계약한 경우에, 사용하지 않은 유급휴가는 3일까지 새로운 계약에 이월될 수 있다. 이 기간은 새로운 계약에서 우선적으로 사용되어야 하며 그 이후의 계약기간에는 반영되지 않는다.

7. Sick Leave
1) Employee shall be entitled to a paid sick leave if an illness or injury prevents him/her from performing the duties under this contract, provided, however, that he/she obtains Employer’s prior consent.
2) These sick days must be validated through a signed release from a doctor.
3) If Employee should not submit a written diagnosis, a sick leave may be regarded as an unpaid leave.
4) Paid sick leaves are 3 days a year.

7. 병가
1) 피고용자가 근무하기 어려울 정도의 질환이 있을 때 소속기관장의 사전 승인을 받아 유급병가를 받을 수 있다.
2) 병가 기간 동안의 진단서를 제출해야 한다.
3) 진단서가 제출되지 않은 경우, 무급으로 간주 한다.
4) 유급병가는 일년간 3일로 산정되어 있다.


8. Office Regulations and Restrictions
1) Employee shall faithfully observe his/her Director’s requests on his/her duties defined in Contract.
2) Director shall evaluate Employee’s performance of official duties under a guideline.
3) Employee shall devote his/her full working hours and occupational attention to the defined duties in these terms and conditions, except for cases specially provided during the contract term.
4) Employee shall not damage or tarnish the reputation of the teaching profession. Employee shall comply with and observe any codes of conduct acceptable for Korean teachers.
5) Without the Director’s and Korean Immigrations permission, Employee shall not be employed or involved in other paid business (including a part-time job).
6) If Employee has a contagious disease or other illness as set out in the following items, Director may prevent Employee from performing duties.
i. The fear exists that Employee with a contagious disease is not taking measures to prevent the spread of the disease.
ii. The fear exists that labor will significantly worsen Employee’s disease from which Employee suffers.
iii. Employee is affected by a disease as determined by the Ministry of Health and Welfare.
iv. Item 1 to item 3 are to be paid for.

8. 복무
1) 피고용자는 계약서에 명시된 임무수행에 관련된 소속기관장의 지시를 성실히 이행하여야 한다.
2) 소속기관장은 따로 정한 지침에 따라 피고용자의 공적 업무 수행 능력을 평가한다.
3) 피고용자는 특별히 정해진 경우를 제외하고 이 계약서의 내용과 조건에 따른 의무를 성실히 이행해야 한다.
4) 피고용자는 교사의 품위를 손상시키는 행동을 해서는 안되며, 한국인교사에 적용되는 복무규정을 준수해야 한다.
5) 소속기관장과 출입국 사무소의 허가 없이는 피고용자는 여하한 조직의 임원이 되거나 다른 기관에 취업할 수 없으며, 급료를 받고 다른 기관에서 영업 행위(시간제 근무 포함)를 할 수 없다.
6) 피고용자가 다음과 같은 전염병이나 질환 등이 있을 경우 소속기관장은 피고용자의 업무를 중지시킬 수 있다.
① 전염성 질병이 있는 피고용자가 질병의 확산을 막을 조치를 취하지 않을 우려가 있을 경우.
② 피고용자의 복무 중 중증 질환으로 인하여 피고용자가 업무를 지속할 수 없는 경우.
③ 피고용자가 보건복지부가 정한 법정 질병에 걸렸을 경우.
④ 상기3개항에 관하여는 유급으로 인정한다.

9. Termination of the Contract

1) Employer may terminate or cancel this Contract upon occurrence of any one of the following events;
a. If Employee is found guilty of violating laws of the Republic of Korea.
(Justifiable reasons are gross negligence, law violations, and serious violations)
b. If Employee fails to perform or unsatisfactorily perform any of the duties stipulated in this contract..
c. If Employee fails to perform continuously his/her duties for more than 3 days without any excuse.
d. If any of the information provided in Employee’s application is neither true nor accurate.
e. If it is determined that Employee is prevented from or incapable of performing his/her duties set forth in Article hereof for a medical reason, whether it is a physical or psychological ailment.(If requested by Employer, Employee must be immediately available for a medical examination.)
2) In the event that this contract is terminated pursuant to the foregoing 1, Employer shall pay Employee a pro rata salary based on the number of days Employee actually worked for. In this case, Employee shall be responsible for his/her return trip to his/her home country. Employee’s visa will subsequently be cancelled
3) If Employee is sentenced to a term of imprisonment (or any other more severe penalty), Employee shall automatically be dismissed and Employer will not provide any financial compensation.

9. 계약 해지
1) 고용자는 다음과 같은 경우에 본 계약을 해지할 수 있다.
a. 피고용자가 대한민국 법을 위반하는 경우 (정당화한 이유는 중과실, 법률 위반 및 심각한 위반이다.)
b. 피고용자가 계약사항을 이행하지 아니하거나, 성실하게 임무를 수행하지 않는 경우
c. 피고용자가 특별한 이유 없이 3일 이상 연속하여 근무를 하지 않는 경우
d. 피고용자가 제출한 지원서의 내용이 사실이 아니거나 거짓이 있는 경우
e. 피고용자가 신체적 또는 정신적 질환이 있어 계속 근무하기가 어렵다고 판단되는 경우 (피고용자는 고용자가 건강진단을 요구하면 즉시 이에 응하여야 한다.)
2) 본 조 제1항 각 호의 사유로 인하여 본 계약이 해지되는 경우 고용자는 피고용자에게 보수를 일할 계산하여 지급하며 귀국 항공료는 피고용자가 부담한다. 그리고 피고용자의 비자는 취소된다.
3) 피고용자가 금고형이나 그 이상의 중형을 선고 받을 경우, 본 계약은 자동적으로 해지되며, 고용자는 금전상 어떠한 보상도 하지 않는다.

10. Matters not explicitly stated in the Contract
Matters not explicitly stated in the Contract shall be determined by Employer by taking Employee’s concerns into consideration.

10. 계약 외 사항
본 계약서에 규정되지 않은 기타 사항은 피고용자의 의견을 수렴하여 고용자가 정한다.

11. Governing Law, Language and Venue
1) The terms of this contract and the rights and obligation 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 English & Korean. The translations of both are the same.
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 a principle of good faith. However, if the parties fail to mutually resolve such disputes or disagreements or come to amicable settlements, their disputes or disagreements shall be finally resolved by arbitration of the Korean Commercial Arbitration Board.

11. 준거법, 언어 및 관찰
1) 본 계약 및 본 계약상의 권리 의무에 관한 사항은 대한민국 법에 의하여 해석되고 결정된다.
2) 본 계약의 언어는 영어&한글이며, 두 언어는 같은 뜻으로 번역되었음.
3) 당사자들은 본 계약과 관련하여 발생된 분쟁을 해결하기 위하여 신의 성실의 원칙에 따라 노력해야 한다. 본 계약과 관련하여 발생된 분쟁을 원만하게 해결할 수 없을 때는 대한상사 중재원의 중재에 의해 해결된다.

12. 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 to an immigration office for Employee’s visa application.

12. 서명
고용자와 피고용자는 본 계약서 말미에 기재된 날짜에 본 건 계약서를 3부 작성하여 각 1부씩 보관하고, 나머지 1부는 비자 신청용으로 제출한다.



PARTY A (EMPLOYER) : ____________ Signature : _________________

PARTY B (EMPLOYEE) : Signature : _________________

DATE : . , 2013
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Fri Jan 18, 2013 3:31 am    Post subject: Reply with quote

Looks good.
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thegameksk



Joined: 05 Nov 2012

PostPosted: Fri Jan 18, 2013 12:15 pm    Post subject: Reply with quote

What do you guys think? Thanks



This employment contract (hereinafter this "Contract") is made by and entered into between the Sponsor of ( )(hereinafter "Employer") and the Teacher, _________________________________________ (full name as it appears in the passport) (hereinafter "Employee"), a(n) _________________________ citizen residing at ____________________________________________________________________________. (permanent address)

Article 1 (Purpose)

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

Article 2 (Status of Employment)

Employee shall be hired pursuant to this Contract as an English Language Instructor (ELI).

Article 3 (Duties)

The ELI shall perform the following duties:
1. Plan and conduct classes in levels assigned by Employer, using textbooks, materials, course curriculum, and other resources approved by Employer;
2. Assist with and participate in activities related to the instructional programs of Employer, including, but not limited to, departmental meetings, general faculty meetings, and special presentations and events;
3. Assist with projects related to the activities concerning international cooperation carried out by Employer;
4. Assist Employer with out-of-classroom activities related to the regular curriculum of Employer, including, but not limited to, field trips and school-wide assemblies, as well as other extracurricular activities;
5. Assist with the development of teaching materials, supplementary materials, tests, evaluations, and other programs related to English language teaching;
6. Assist or conduct teacher training for new ELIs under the direction of Employer;
7. Assist, monitor, and supervise ELIs in their teaching methodology and implementation, and classroom conduct under the direction of Employer;
8. Perform other duties as designated by Employer;

All materials developed by Employee while working for Employer will become the property of Employer, and Employee shall not seek compensation and/or payment beyond what is stated in this Contract.






Signature: Employer___________________ Employee______________________
Article 4 (Supervision)

Employee shall carry out the duties set forth in the foregoing Article 3 pursuant to and under specific instruction and supervision of Employer during the period of employment.

Article 5 (Period of Employment)

The Period of Employment shall commence on March 1st, 2013 and end on February 28h, 2014, beginning and ending within the Republic of Korea.

Article 6 (Work Hours)
1. Employee shall work five (5) calendar days per week. Monday, Wednesday, and Friday from 11:00 ~ 20:00 and Tuesday and Thursday from 1:00~21:00. Employee shall not work on Saturdays, Sundays, and any national holidays of the Republic of Korea. Actual class instruction hours of Employee will be 23 hours per week [One actual class instruction (teaching) Hour=60minutes] and 1.7 hours per day for class preparation (predetermined by Employer). Teaching hour refers to the amount of time in the classroom only. This does not include preparation time, staff meetings, breaks, orientation, etc.
2. Shortly after arrival in Korea, employee will be required to undertake orientation
and training for 3-4days intended to provide employee with the requisite familiarity
with institute operation and policies and to ensure that employee possesses adequate knowledge and skills related to duties of employment. No payment is given for this orientation period.
3. Employee shall assist and participate in POLY Workshops (twice a year) and Campus Orientations or Events (twice a year) for parents and students. The day(s) of these workshops shall be decided by the Employer’s schedule, and these day(s) may fall on the weekend.
4. National holidays will not include any provisional holidays such as cultural, festival, or election days, set up temporarily. Employer shall decide whether to close the school or conduct classes for these days.

Article 7 (Salary)

1. According to Article 6, Employee shall be paid the total amount of 2.3 million Korean
won per month.
2. The employer will have the authority to require employee to perform any classroom duties in excess of minimum teaching requirement (such excess hereinafter call "overtime"). Only teaching hours in excess of the minimum teaching requirement and approved by the employer are considered overtime. The Employee will be paid at the rate of 15,000 Won for each class (40 minutes) overtime.
3. According to the pertinent laws of the Republic of Korea, the Korean income tax shall be withheld each month from Employee’s salary. Employer is to pay these amounts to the proper government authorities and to provide employee with a monthly receipt evidencing that the government has receive these monies.
4. Monthly salary payments will be made on or before the eighth day of the month following the month during which the employment services were provided.


Signature: Employer___________________ Employee______________________


Article 7 (Salary) continued

5. When Employee has not worked a full month, salary for that month shall be paid on a pro rata basis either from the first day or until the last day of work.
6. If Employee should be absent from work without having obtained a prior approval, Employee's salary for that month shall be deducted by the amount calculated on a pro rata basis for the number of unauthorized absent days.
7. If Employee works fully until the end of the Period of Employment, Employer shall pay Employee severance pay, equivalent to the amount stated in Article 7-1.
8. Employee shall not claim against Employer any compensation and/or payment other than those provided for in this Contract.

Article 8 (Other Benefits)

A. Benefit 1 (Medical Insurance)

Employer shall provide Employee with medical insurance through the National Health Insurance Corporation (NHIC). Employee and Employer will pay fifty (50) percent each of premiums and fees. Employer agrees to provide Employee with a medical insurance card issued to the ELI from the NHIC within 30 days of the contract commencement date.

B. Benefit 2 (Pension)
Employer shall provide Employee with a National Pension Scheme. Employee and Employer shall contribute fifty (50) percent each of premiums and fees.

C. Benefit 3 (Contract Renewal)

Employee shall be given the following renewal benefits on the assumption that he/she continues to work without any discontinuity in employment.
i. Employee shall receive a re-signing bonus of _________________ Korean won. Employee shall receive this bonus over 12 months’ pay.
ii. Employee shall be given a raise of _________________ Korean won per month in recognition of Employee’s re-signing of the Employment Contract for an additional year.















Signature: Employer___________________ Employee______________________
Article 9 (Housing)

1. Employer shall provide Employee with single housing selected by Employer, and Employer shall pay full monthly rent and deposit on the housing selected. Housing selected by Employer may include a leased house, studio, or apartment. Housing provided by the Employer shall be furnished, including a bed, washing machine, a landline telephone, air-conditioner, refrigerator, stove, chair, table, wardrobe, television, cooking utensils, eating utensils, blanket, pillows, and clean linen.
2. Employee shall take care of the furniture and equipment, and shall be liable for the cost of repairs or replacement to any equipment or furniture damaged as a result of negligence but where used furnishings are provided, Employee shall not be responsible for replacement of said furnishings and equipment due to wear and tear from normal use.
3. Any and all fees, charges, costs, taxes, expenses, etc., incurred in using the housing will be paid by Employee. Employer shall reserve the right to deduct 50,000 Korean won per month as phone deposit. Employer shall reimburse this phone deposit to Employee at the end of the Period of Employment. If Employee chooses not to have a landline telephone, no phone deposit shall be deducted.
4. If Employee chooses not to accept the housing provided by Employer, Employer shall provide Employee with 200,000 Korean won per month as a rent subsidy in lieu of the housing set forth in the foregoing Article 9-1.
5. Employer may provide temporary housing until the appropriate housing for Employee becomes available.
6. If Employer provides housing to Employee, Employer shall provide appliances and furniture, and Employee shall not request or demand any other appliances or furniture than those provided by Employer.























Signature: Employer___________________ Employee______________________
Article 10 (Airfare)

1. Employer shall provide the Employee a one-way economy-class airfare for passage to Korea from Seoul-Incheon or Gimpo International Airport. Employer agrees to purchase the one-way airfare for the Employee prior to Employee departing for Korea.
2. All connecting flights within the Employee’s home country, or any other flights not provided for in the travel itinerary authorized by Employer, shall be paid for by Employee. If the Employee wants cash instead of a return ticket home, Employer shall provide the Employee 500,000 Korean won.
3. If Employee’s contract is terminated, whether by Employee or Employer, within 9 months of the contract commencement date, Employee shall repay the price of the ticket.
4. After Employee has completed the full period of employment, and all duties within that period, Employer shall provide the Employee one-way economy airfare from Seoul-Incheon or Gimpo International Airport to the closest airport to Employee’s permanent residence. However, if Employee renews the Contract for an additional year, return airfare will be provided to the Employee at the end of the renewed Contract period.

Article 11 (Paid Leave)

1. Employee shall be entitled to a paid leave for a total of two working weeks (to mean 10 working days) during the Period of the Employment set forth in Article 5. Annual leave days shall exclude Saturdays, Sundays, and Korean national holidays.
2. Employer shall decide the period of Paid Leave according to Employer’s schedule.
3. Paid Leave is a benefit given to Employee on the assumption Employee fulfills his/her Employment Contract. In the event Employee is unable to fulfill his/her full Contract, Employee shall pay back a portion of Employee’s salary equivalent to the total number of paid leave days used by Employee.

Article 12 (Codes of Conduct)

1. Employee shall not behave in any manner that may damage or tarnish the reputation of the teaching profession. Employee shall comply with and observe any codes of conduct applicable to Korean teachers.
2. Under Korean immigration law, Employee shall not receive pay from any other job, including a part time job, outside the duties of Employer, during the Period of Employment set forth under Article 5.
3. Employee shall not be involved in any activities, which may cause harm to the students or be of detriment to the reputation of Employer.









Signature: Employer___________________ Employee______________________

Article 13 (Termination of Agreement)

1. Resignation
This policy is in effect regardless of the length of time Employee has completed. If Employee wishes to resign from the Employment and terminate this Contract, he/she must give Employer ninety (90) days prior, written notice of resignation stating a date of and a reason for resignation. If Employee could not give (90) days notice, Employee shall pay the price of his/her plane ticket on a pro rata basis calculating the number of days that the Employee has noticed. If Employee chooses to resign, the airfare for the return flight shall be paid by Employee, and his/her VISA shall be cancelled.
2. Termination by Employer
Employer may terminate this Contract for any one of the following reasons:
A. If Employee violates the laws of the Republic of Korea.
B. If Employee fails to perform or unsatisfactorily performs any of the duties stipulated in this Contract for any reason.
C. If Employee is absent from work for more than three (3) days without Employer’s authorization.
D. If it is determined that Employee is prevented from or incapable of performing his/her duties set forth in Article 3 hereof for a medical reason, whether it is a physical or psychological ailment. (If requested by Employer, Employee must be immediately available for a medical examination.)

In the event that this Contract is terminated pursuant to the foregoing Article 13, Employer shall pay Employee a pro rated, monthly salary based on the number of days actually worked by Employee during his/her last month of employment. The Employee shall immediately refund the airfare loan according to the terms under Article 10-3.

Article 14 (Confidentiality Agreement)

This Contract, and all its contents, is entered into on the basis of a strict, confidential agreement between Employee and Employer. Employee shall not disclose any information, and/or contents of this Contract to any third parties without having received prior approval from Employer. Unauthorized disclosure of this Contract, in whole or in part, whether intentional or unintentional, shall result in immediate termination of Contract. In such a case, it shall be considered a termination of contract on Employee’s part and the terms of Article 13 shall be applied.

Article 15 (Miscellaneous)

Matters not explicitly stated in the Contract shall be determined by Employer by taking Employee's concerns into consideration.
Free lunch will be provided if Employee chooses to eat with the students. This is not mandatory so if Employee choose to eat out

Article 16 (Indemnity)

Employee shall indemnify for and keep Employer harmless from any liability or damages arising from, or in relation to any negligent or illegal activity of Employee, whether intentional or unintentional, during the Period of Employment under this Contract.
Signature: Employer___________________ Employee______________________
Article 17 (Governing Law and Venue)

The terms of this Contract and the rights and obligations of the parties named herein shall be interpreted solely according to the laws of the Republic of Korea. If a dispute or disagreement arises in connection with this Contract, the parties shall first try to resolve it in good faith. However, if the parties fail to resolve such disputes to their mutual satisfaction, their disputes shall be resolved by arbitration in Seoul, Republic of Korea, according to Commercial Arbitration Rules of the Korean Commercial Arbitration Board.

Article 18 (Signature)

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


Last edited by thegameksk on Sat Jan 19, 2013 12:39 pm; edited 1 time in total
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Fri Jan 18, 2013 9:58 pm    Post subject: Reply with quote

Remove all references to personal information including school names and addresses/cities. However, this school is probably one of the well known ones.

Quote:
Actual class instruction hours of Employee will be 23 hours per week [One actual class instruction (teaching) Hour=60minutes] and 1.7 hours per day for class preparation (predetermined by Employer).


Get a current schedule to see how the classes are spread out. Could be good, could be bad.

Quote:
The Employee will be paid at the rate of 15,000 Won for each class (40 minutes) overtime.


Two things, it says 60 minutes before, now it says 40 minutes. Figure out what exactly your schedule will be.

Second, overtime should be 18,000-20,000.

Quote:
2. All connecting flights within the Employee’s home country, or any other flights not provided for in the travel itinerary authorized by Employer, shall be paid for by Employee. If the Employee wants cash instead of a return ticket home, Employer shall provide the Employee 500,000 Korean won.


Connecting flights make the overall cost lower. So, the school should still pay for it, not the employee. 500,000 is a very low estimate. 1,000,000 is more like it or they can try booking the flight for 800,000 if they can find it.

Quote:
However, if Employee renews the Contract for an additional year, return airfare will be provided to the Employee at the end of the renewed Contract period.


This means you can't get airfare after the first year. Some don't care, some do. Do you agree to this?

Basically, they are going to give you this "bonus" money which could have been the flight money home.

Quote:
In the event Employee is unable to fulfill his/her full Contract, Employee shall pay back a portion of Employee’s salary equivalent to the total number of paid leave days used by Employee.


If you have to complete 6 months before getting the first 5 days, then I think the school should not collect on this. However, if the employee took days 6-10 off during the 8th month and left during the 9th month, then I could see how the employer would want 5 days of vacation pay returned for not completing the second half of the contract. An easier way to resolve this is to just allow the teacher to leave earlier and save the same or more. Schools usually go along with this. This is how I would negotiate it.

However, remember this, if you don't finish a year you don't get severance. If you want to get severance, then don't mention this idea. It's only beneficial if you are not going to stick it out the whole year and have another school or other plans lined up.

This contract could be better, but most of the clauses are fair in a business sense. If you agree, or when you agree if the terms can be changed, then it is unlikely changes will be made during the year.

If you are in Korea, you would be better off visiting the school. If you are abroad, consider this a stepping stone school and look at other schools when things start to deviate from the contract.
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thegameksk



Joined: 05 Nov 2012

PostPosted: Sat Jan 19, 2013 12:36 pm    Post subject: Reply with quote

I was sent the contract through a recruiter. Is that who I would ask about these contract issues? Also have you heard good things about this school? It will be my first time abroad if I accept it.
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Sun Jan 20, 2013 3:32 am    Post subject: Reply with quote

thegameksk wrote:
I was sent the contract through a recruiter. Is that who I would ask about these contract issues? Also have you heard good things about this school? It will be my first time abroad if I accept it.


Yes and No for the recruiter question. By the books, the recruiter is doing their job by answering your questions, but it keeps a distance from you and the school.

It is best to make a list of questions about work and request to speak with the school directly. Talk to the recruiter about visa issues. I am in China, and they do this automatically. In Korea, they might try to answer for the school more, and sometimes it might not be correct feedback.

As for the school, it might be one of the bigger chain schools. They typically won't change contract conditions and have more of a set business practice.

So, you need to research the specific location. A google search should help you rule them out if they are not good. If you don't see anything then signs are good they didn't piss off a previous teacher who might post about them to warn others.

You can always use schools as a stepping stone to move to a better school.
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imagicaxx



Joined: 19 Dec 2010

PostPosted: Mon Jan 21, 2013 5:41 pm    Post subject: Reply with quote

I'd appreciate it if someone could look this over, thanks:

Employment Contract

This Contract is made and entered into by and between
Employer :
School Name :
Address Republic of Korea :
Hereafter-called "Employer"
And English Instructor
Name :
Nationality :
Passport No :
Resister Address :
Hereafter-Called "Employee"

The institute ( Employer: ), wishes to engage the services of the employee ( Employee: ). The two parties, in a spirit of friendly cooperation, agree to sign to this contract and pledge to fulfill conscientiously all the obligations stipulated in it.

1. Length of Employment
The employment period under this contract shall be 12 months starting from March , 2013 to March , 2014.

2. Work Place
The Employer shall, at his or her discretion, designate the work place. The Employee shall not engage in other jobs, including part time work or private tutoring during their employment period without the Employer's agreement.

3. Work Hours and Over-time work
1) The workdays of the Employee are Monday through Friday,

2) The working time is from 8:40 to 5:40.

3) If the Employee does not want to work overtime, the Employer shall not force the employee to do so. When the Employee and the Employer reach a mutual agreement about working overtime, and the Employee does so, the Employer must pay the Employee for working overtime, according to Article 6 Clause 2.

4. Employee's duties
- English teaching, traffic safety education in school bus and teaching lunch etiquette are included.
1) The Employee shall comply with the Employer's regulations and rules under the guide of the Director or Supervisor of the work place in order to perform their duties.

2) The Employee must to try to act with dignity acting in this manner during the whole time that the Employee works for the employer.
The Employee shall comply with the laws, regulations and rules of Republic of Korea and shall not be involved in any illegal activities that might damage their visa status and the reputation of the Employer.

3) The Employee must observe her/his class schedules. Furthermore, the Employee shall attend staff meetings and workshops and prepare their classes as required.

4) In the case that the Employee will be absent due to unexpected sickness or accident, the Employee is required to give prompt notice. If the Employee will be absent without the Employer's permission, then 20,000 won per hour shall be deducted from the salary.

5) The Employee shall not reveal information regarding her/his class to other person or to other institutes. In the events that the Employment was damaged by the Employee's revealing to others, the Employee shall have the responsibility for compensating the Employment's damage. The information includes curriculum, books, teaching methods and management of institute, etc.

6) In the event that a dispute arises, both parties shall try to resolve it amicably with understanding of different cultures and customs.

5. Employer's Duties
1) The Employer shall provide the Employee with full support, shall respect the Employee's dignity and try to keep their relationship harmonious with the Employee.

2) The Employer shall pay the salary, as stated in this contract, and in case the Employee requests teaching materials, the Employer shall support these with utmost efforts.

3) The Employer acknowledges the differences of cultures and customs between the two parties. The Employer shall help the Employee to settle into their new residential and working circumstance. In the case of the Employee having trouble such as sickness and/or accident, the Employer is responsible for assisting the Employee.

4) The Employer shall not infringe on the Employee's privacy. In case the Employee brings disgrace on the Employer, the Employer shall have the right to ask the Employee to correct the situation.

5) In the event that a dispute arises, both parties shall try to their best to resolve it.

6. Compensation
1) The Employee shall be paid ( 2.2 ) million won per month for the regular working hours on the starting day of each month. The first salary shall be paid according to starting day to work at the school

2) Overtime shall be paid at the rate of 20,000won per hour and paid with salary on the payment day.

3) In the event that the Employee completes the contract without breaking the contract, the Employer shall pay a severance payment equal to one month's salary

4) The tax for severance payment and salary must be paid as described the Korean Tax laws. All wages are to be paid in Korean Won to the Employee's designated Korean bank account.

7. Housing
1) Employer shall provide Employee with housing selected by Employer. Housing selected by Employer will be leased house, a studio-type room..Utility and maintenance costs incurred in using the housing shall be borne by Employee.
2) If Employee does not wish to take school housing, Employer shall provide Employee with 400,000 Korean Won per month, as a rent subsidy, in lieu of the housing set forth in the foregoing.
3) Employer may provide appliances and furniture such as a bed, table and chairs, a closet, a gas range without oven, a refrigerator, a washing machine and an air conditioner. Employee shall not request or demand any other appliances or furniture than those provided by Employer.
4) Each Employee is provided with one single housing and he/she shall be responsible for all costs incurred if the move is due to his/her personal matter (e.g. - marriage, dependents, etc.).
6) Employer shall decide what to provide Employee with housing after discussion with the Employee. Once decided, Employer's decision shall not be subsequently changed during the term of Employment.
7) Installation cost and monthly bills for internet and cable TV shall be covered by Employee.

8. Air Fare
<If employer hires an employee in Korea.>
Employee will be given an economy class ticket from Korea to Japan for the purposes of a visa run. The employer will pay for accommodation for one night stay in Japan. The employee will pay the visa fee and any further living expenses. In the event Employee completes the full contract period, Employer will purchase for the Employee an economy class ticket for passage to point of hire, provided the time of termination of employment. Employee's ticket back to point of departure is given when employee leaves employment.

<If employer hires an employee out of Korea.>
Employer will purchase for the Employee an economy class ticket from point of hire to Korea. When Employee completes the contract employee get an economy ticket from Korea to point of hire.
If the employee fails to complete the contract, the employee will refund the cost of the airfare to the employer.

In the event that the Employee continues employment under a subsequent employment with Employer, the return air ticket shall be provided at the time of completion of the subsequent contract period(s). If Employee were fired from the institute before the completion of twelvth months teaching session, employee will not be given a ticket to the point of departure and will refund the cost of the original airfare to the employer.

9. Paid Vacation and Paid Leave
1) The Employee can get 10 working days in total for a paid vacation while the Employee is under the contract. The paid vacation will be according to the Employer's schedule, during the period of the contract. National Holidays, Saturdays and Sundays shall not be included in a paid vacation.

2) Paid sick leave shall be 3 days during the period of the contract. A doctor's medical certificate for such absences shall be submitted to the Employer. However, if the period of leave from illness exceeds 3 days, those hours shall not be considered as paid sick leave.

3) With the exception of entitled paid vacation and sick leave, in the case that the Employee is absent, 100,000 won per day shall be deducted from the salary.

10. Income tax, Medical Insurance and Pension.
1) Income tax shall be withheld from the salary in accordance with Korean Tax Law.

2) The Employee shall be covered by medical benefits and pension under the Korean Government Organization. Half of the premium shall be paid by the Employer with the other half paid by the Employee.

3) In the case that the Employee is injured from an accident or mishap outside of their normal work duties, the Employer shall have no responsibility for medical and/or hospital costs beyond the insurance coverage. .

11. Cancellation
The Employer may cancel the contract due to the circumstances specified below:

1) In such a case as the Employee, or any the Employee's dependents, violates any laws of Republic of Korea.

2) In such a case as the Employee uses drugs, excluding those supplied by prescription, or alcohol during their work hours.

3) In such a case as the Employee makes sexual abuse or as regarding overly abusive language and violence that you relate with students or employees of the institute.

4) In such a case as continuation of working is determined impossible due to the Employee's mental and/or physical impairment.

5) In such a case as there is continued failure to keep regularly scheduled classes and/or the amount of unexcused absence exceeds 1 days.

6) In such a case as the Employee does not carry out the responsibilities stipulated in the contract.

In case of failure to adhere to the above articles, the Employer shall notify to the Employee the cancellation of the contract in written form 15 days prior. The plane ticket and the severance payment shall not be given to the Employer.

12. Modifications and Termination
1) In case of modification, or termination, of the contract both parties must give 90days prior written notice after mutual agreement between both parties.

2) In case the Employee's death, war and/or any accident and that the Employee fails to acquire E-2 VISA, this contract shall be terminated.

3) The Employee can terminate this contract in the event the Employer does not follow this contract as stated herein, or in the case that the Employee is assaulted verbally, physically, and/or mentally by the Employer. If the contract is terminated by this case, the Employer shall give the Employee his/her release form.

4) After Employee is notified with the termination of the contract, the Employee must finish all her/his duties before the contract is actually terminated.

5) Changes in the contract must be made in writing. Changes without any written form cannot be used as a basis for termination or court action.

13. Miscellaneous provisions
1) The governing language of this contract shall be English. The English contract shall govern the translation into any other language.

2) The Employer and the Employee will act in good faith toward each other. The Employer will not dismiss the Employee without reasons that are reasonably considered as a good cause and the Employee will do their utmost to satisfactorily fulfill all the responsibilities and meet all the conditions as described in the above agreement.

3) Duplicate copies of this contract are in effect. The Employee retains one copy and the Employer retains one copies. All copies must have the same beginning and ending dates.

The Employer and the Employee mutually agree on all the articles of this contract. In the event that and unresolved conflict arises, both parties shall follow the laws of the Republic of Korea to resolve it.
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FastForward



Joined: 04 Jul 2011

PostPosted: Tue Jan 22, 2013 1:10 am    Post subject: Reply with quote

I got this one today. Doesn't mention pension and also didn't like the missing 5 classes and you don't get severance, since that is probably one missed day. If someone can look it over for me that would be great.
Thanks!!

Employment Contract
- 고용계약서 -
POSITION: English Instructor

The parties agree as follows:
1. TERM OF CONTRACT (계약 기간)
This contract will be valid for a period of 12months beginning
February , 2013 and ending February , 2014 .
(※ Starting date’s up to your arrival )
본 계약서는 2013년 2 월 일부터 2014년 2 월 일까지 12개월 기간 동안 유효하다.
(※ 시작일은 강사의 도착 일에 따라 달라짐. )

2. CONDITIONS OF EMPOLYMENT (고용 조건)
a). The Employee will act in an appropriately professional manner and be responsible for conducting professional English Language classes.
피고용인은 적합한 직업의식을 갖추어 전문적인 영어 수업진행에 임할 책임이 있다.
b). The Employee will be required to work for regularly scheduled hours from Monday to Friday, Each teaching hour in excess of 30 hours a week is considered as overtime. The class begins at 10:00 in the morning and end sat 5:00 in the afternoon
피고용인은 월요일부터 금요일, 주 30시간 5일 근무를 원칙으로 하며, 이상은 오버타임으로 적용된다. 근무시간은 오전 10:00분부터 오후 5:00분 까지다.
b-1). The working days for the employee are from Monday to Friday. On some special occasions, events on weekend or National Holiday the employee should come in and work. This should happen less than 4 times a year. (This is considered part of your job and will not be additionally compensated. Instead, the employee will be given the day off on the designated day by school.)
근무일은 평일 월요일부터 금요일까지며, 학교 행사나 특별한 일이 있을 때에는 공휴일이나 국경일의 경우라도 근무해야 하며 1년에 4회를 넘지 않는다. 이 경우 학교가 지정하는 별도의 휴가로 대체한다.
c). Classes and teaching hours are scheduled at the institute's sole discretion.
수업시간은 학교의 상황에 맞춰 계획된다.
d). You must come 20 minutes before class to prepare for the class that you have on that day.
출근은 항상 수업 준비를 위하여 수업 시작 전 20분 전에 학원에 도착해야 한다.
e). If you miss a class, the institute will reduce your monthly salary.
결근 시 월급에서 일당으로 환산하여 공제 한다.
(1 day pay = 110,000won)
f). 3 Late classes will be 1 day off.
3번 지각 시 하루 결근 한 것으로 간주할 것이다.
3. SERVICES PROVIDED BY THE EMPLOYER
(고용주의 의무 이행 사항)
a). PAYMENT & TAX 급여 지급
The Employer will pay a monthly salary of 2,200,000 won for regularly scheduled hours which we mention edon the page 1 worked.
(Payment of salary commences from the first day of teaching.)
고용주는 피고용인에게 매 달 page 1에서 언급된 정상적인 근무시간에 대한 용역 제공에 대하여 매 달 _2,200,000_ 원의 급여를 지급한다. (급여는 가르치기 시작한 첫날부터 계산된다)
b). The Employer may ask the Employee to work over time (the Employee has an option to refuse and will not be forced), and if the Employee chooses to do overtime, the Employer will pay for the overtime at the rate of 20,000 won.
고용주는 피고용인에게 정상적인 시간외 근무를 요구할 수도 있으며 (피고용인은 고용주의 요구를 거절할 수도 있으며 강요 당하지 않을 것임) 피고용인이 시간외 근무에 동의하였을 경우 고용주는 시간당 _20,000__원을 지급한다.
c). The employee salary will be paid on the 5th of each month.
피고용인은 매달 _5_일에 급여를 지급 받는다.
d). Tax for income will be deducted from the salary according to the Korean tax law, and The Employer will provide the Employee the receipt for this.
피고용인의 월급에서 한국 세법에 따라 세금을 공제하며, 고용인은 이에 대한 영수증을 제공한다.
4. HOUSING (주택 제공)
The Employer will provide the Employee a furnished Single housing and the Housing will be provided at no cost to the Employee with the exception of maintenance and phone bills.
A two-person apartment/house will be provided for a couple, if both are teaching at the Institute.
*If the employee wants a better house than the provided house, the employee must pay the extra wages.
고용주는 피고용인에게 기본적인 가구가 준비되어 있는 숙소를 고용주의 부담으로 제공한다. 단 관리비, 상수도, 가스, 전기, 전화 비용은 사용자인 피고용인이 부담한다. 커플일 경우에는 두 사람 이 사용할 수 있는 숙소를 제공한다.
*고용주가 준비한 숙소보다 낳은 곳을 원할 경우 추가 부담금은 피고용인이 부담한다.
5. AIRFARE (항공편)
Employer shall provide round-trip ticket. In the event that INSTRUCTOR willfully leaves the Employer before completion of his/her contract, Employer is not responsible for the return airfare. If INSTRUCTOR willfully leaves the Employer before 6 months, INSTRUCTOR must payback the initial airfare and EMPLOYER may deduct the said airfare from Instructor's last pay.
고용주는 왕복 항공권을 제공한다. 강사가 자의로 계약 만료 전 학교를 떠날 경우 고용주는 돌아가는 항공권을 책임질 필요가 없다. 만일 강사가 6개월 전에 학교를 임의로 떠날 경우 강사는 첫 항공료를 학원에 반납해야 하며, 고용주는 강사의 마지막 월급에서 항공료를 공제할 수 있다.
* The employer must give airfare when the employee leaves to his/her hometown after the final contract is over.
고용주는 고용인에게 계약 후 마지막 최종적으로 고향에 돌아갈 경우 항공편을 제공해야 한다.
6. MEDICAL INSURANCE (건강 보험)
The half of the insurance premium will be paid by the Employee and the other half by the Employer.
고용주는 피고용인의 보험 가입 시 보험 비용의 반을 부담하며, 그 외의 비용은 피고용인이 부담한다.
7. SEVERANCE PAY (퇴직금)
Upon completion of this contract, the Employer will pay one month's salary as a severance payment to the Employee. This payment will be made at the time of completion of the contract period.
* If you miss 5 classes or more, you cannot get the severance pay.
피고용인이 12개월의 계약기간을 이행했을 경우, 고용주는 한달 분의 급여를 퇴직금으로 피고용인의 계약 기간 마지막 날에 지급한다.
* 단 결근이 5일 이상일 경우 퇴직금을 지급하지 않는다.
8. VACATION (유급휴가)
a). The Employee may have 10-working days as paid vacation per year, which will be organized by the institute. (days in which the Employee does not regularly work i.e., Saturdays, Sundays and National Holidays are not to be considered as part of the vacation period)
피고용인은 고용주가 주는 날짜에 맞춰 년 10일간의 유급 휴가를 갖는다. (국경일과, 토요일, 일요일은 이에 포함되지 않는다)
b). Employee's paid sick leave during the Term of Employment shall not exceed three calendar days.
(A doctor's invoice with the diagnosis and prognosis is required to be paid for sick days.)
피고용인은 3일간의 병가를 받을 수 있다.
(병가를 받기 위해서는 의사의 처방전이 요구 된다)
9. RENEWAL & TERMINATION OF CONTRACT
(재계약과 계약 파기)
a). RENEWAL (재계약)
The Employee must give the Employer a written 60-day notice before renewal or non-renewal of the Employee's current contract.
피고용인은 고용주에게 재계약 가부 여부를 피고용인의 현 계약기간 만료 60일 전에 알려줘야 한다.
b). Both the Employer and the Employee reserve the option to renew the contract.
고용주와 피고용인은 재계약 선택에 대한 권리가 있다.
c). TERMINATION OF CONTRACT (계약 파기)
Both parties will give at least a written 60-day notice prior to the termination date of the contract.
쌍방은 계약파기 의사를 문서화하여 계약 파기일 60일 전에 서로에게 통보하여야 한다.
d). The Employer retains the right to terminate the contract immediately if.
고용주는 다음과 같은 사항에 의하여 계약을 파기할 수 있는 권리가 있다.
* The Employee is unable to discharge the responsibilities or meet the conditions such as being late for class on a continuous basis, continuous failure to keep regularly scheduled class hours and repeated absences from classes without a valid reason.
피고용인이 본인의 책임과 의무를 실행하지 못할 경우, 예를 들면 연속적으로 수업에 늦거나 연속적으로 정해진 수업시간을 지키지 못했을 경우, 그리고 합당한 이유 없이 연속적으로 결근 할 경우
*.The Employee teaches a private class outside of the school.
피고용인의 근무처가 아닌 다른 곳에서 근무를 했을 경우
*. The Employee participates in any type of criminal activity of corruption of public morals which violates the laws of the RepublicofSouthKorea.
피고용인이 대한민국 법에 어긋나는 불법 행위를 하였거나 범죄행위에 연루 되었을 경우
If, for any reason, the contract is terminated before the full completion of the contract period:
만약 어떤 이유로든 본 계약서가 계약기간 전에 파기가 됐을 경우에는:
The Employee will not qualify for benefits such as severance pay and the airfares.
피고용인은 퇴직금과 항공편에 대한 혜택을 받지 못한다.
The Employee will be wholly responsible for any /maintenance and phone bills remaining for the duration of their housing lease.
피고용인은 고용주가 제공한 숙소에서 거주하는 동안의 관리비, 상수도, 가스, 전기, 전화 비용에 대한 책임이 있다.
Within 14-days the Employee is required to sign a notice of termination and accompany the employer to the Korean Immigration office to notify the Korean Immigration office of the termination.
피고용인은 계약을 파기한 날짜를 기준으로 하여 14일 안에 고용주와 동반하여 출입국관리소에 계약파기에 대한 통보를 알려야 한다.

10. GOVERNING LAW & JURISDICTION
(법례 및 사법권)
a). This contract is governed by the low of the RepublicofKorea.
이 계약서는 대한민국의 법 아래 통제된다.
b). This contract is made final and firm unless any material modification or amendment to this contract is executed with the full knowledge and consent of the undersigned and incorporated into this contract.
이 계약서에 공히 서명하고 계약된 고용인과 고용주의 충분한 의논과 동의에 의한 중요한 변경이나, 수정사항이 실행되지 않는 한 이 계약서는 유효하다.
In witness there of, we have affixed our signatures hereon.
Date : , , .
날짜 : , , .

EMPLOYEE
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