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THE CONTRACT REVIEW THREAD: Post yours here for a review
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TJ85



Joined: 30 Oct 2013

PostPosted: Thu Oct 31, 2013 3:07 pm    Post subject: Could someone look at my contract? Reply with quote

Could someone, look at this contract for me? Im a bit sceptic about it. I should note that the employer has been contacting me via email alot. Telling me that some of his employees have been working there for three years, trying to imply that I will like the job. I think it's a private school. Job starts on November 29th. I left out names of employer.


(First thing to note is the contract refers to me as an "instructor" and not employee)EMPLOYMENT CONTRACT FOR INSTRUCTOR

1. Period of Employment
The instructor will be employed by institute for the following dates.
From _______________________ To _____________________

(the following section seems very vague)2. Schedule
The number of regular teaching hours will be 19 hours per week. Class will be held from Mon. Tue. Wed. Fri. Class and teaching are scheduled in accordance with the needs of (college name); however, reasonable efforts will be made to accommodate an employee's requests. An employee may not accept any work not assigned by (college name).

3. Pay
Employer agrees to pay Employee monthly salary payment in the amount of 1,900,000 Won. It will be paid in South Korea Won.
The monthly 1,900,000 Won salary is payable on the day next month starting a job of each month

A Overtime rate for the each hour worked over and above 19 hours per week is 25,000 Won per hour. (not sure if this is justified. Also, he doesnt refer to who gets paid for overtime.)

4. There are no other benefits (including one-way airfare, the severance pay: equal to one month's salary, housing).
But Employee will be given the severance pay and one-way airfare after completion of the year contract.

(this is confusing. Also, there is no notion of holiday pay, or days off, or sick days off)
5. Instructor's duties
A. English teacher / Instructor:
Employee as an English teacher will direct and guide the students in conversational English, and as such, minmal class preparation is required.
Employee will be provided with the books and teaching materials necessary to conduct the class. Employee is expected to conduct the class without assistance.

B. Native English speaker:
Employee, as a native speaker, will instruct the students in pronunciation exercises. Employee will be provided with the necessary material to conduct such exercise. Employee may be assisted by a Korean teacher.

6. Notification Requirement
Employer or Employee may annul the contract by giving a minimum of two months advance notice in writing. In the case of Employer seeking annulment, reasonable and adequate grounds must be provided in order for the contract to be dissolved. Reasonable and adequate grounds for annulment includes. But not limited to, persistent blatant and gross misconduct, conducting classes under the influence of intoxicants, continual absence and/or tardiness for classes. If Employee desires arbitration, a mutually agreed upon third party must be provided to settle the matter. Employee may seek annulment in cases where the employer does not complete the terms as they are required to complete according to the contract.

7. Legal action
If there is a dispute between the parties involved in this contract, parties agree to the final judgement of a Korean civil court
,or Korean civil law, whatever the final decision may be. If at anytime Employee leaves institution without giving prior notice and without going through the appropriate procedures, Employer has the right to pursue legal actions, for damages and attorney fees, against Employee. If Employee has left Korea altogether, Employer has the right to pursue legal action outside of Korea.

8. (what do you think about this? Good or Bad?) Housing is provided but utility is paid by employee.
Employee pays a power and gas bill a month.


Signature of Employer : ________________________________

Signature of Employee : _________________________________

---------- MON ----------- DAY _____________ YEAR



[/i]
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TheUrbanMyth



Joined: 28 Jan 2003
Location: It's not a superiority complex when you really are superior

PostPosted: Thu Oct 31, 2013 5:20 pm    Post subject: Re: Could someone look at my contract? Reply with quote

TJ85 wrote:
Could someone, look at this contract for me? Im a bit sceptic about it. I should note that the employer has been contacting me via email alot. Telling me that some of his employees have been working there for three years, trying to imply that I will like the job. I think it's a private school. Job starts on November 29th. I left out names of employer.


(First thing to note is the contract refers to me as an "instructor" and not employee)EMPLOYMENT CONTRACT FOR INSTRUCTOR

1. Period of Employment
The instructor will be employed by institute for the following dates.
From _______________________ To _____________________

(the following section seems very vague)2. Schedule
The number of regular teaching hours will be 19 hours per week. Class will be held from Mon. Tue. Wed. Fri. Class and teaching are scheduled in accordance with the needs of (college name); however, reasonable efforts will be made to accommodate an employee's requests. An employee may not accept any work not assigned by (college name).

Keep in mind that 19 hours does not necessarily mean 19 classes. It could mean as much as 38 classes (if they are split into half hours segments).

3. Pay
Employer agrees to pay Employee monthly salary payment in the amount of 1,900,000 Won. It will be paid in South Korea Won.
The monthly 1,900,000 Won salary is payable on the day next month starting a job of each month

That's pretty low.

A Overtime rate for the each hour worked over and above 19 hours per week is 25,000 Won per hour. (not sure if this is justified. Also, he doesnt refer to who gets paid for overtime.)

You would get the OT if you are teaching OT. 25000 is a decent OT wage...comparatively speaking.

4. There are no other benefits (including one-way airfare, the severance pay: equal to one month's salary, housing).
But Employee will be given the severance pay and one-way airfare after completion of the year contract.

(this is confusing. Also, there is no notion of holiday pay, or days off, or sick days off)

Holidays are legislated by law. And days off should be clarified above. As for sick days they are purely a contractual issue. You'll have to ask to have them put in the contract if important to you.

5. Instructor's duties
A. English teacher / Instructor:
Employee as an English teacher will direct and guide the students in conversational English, and as such, minmal class preparation is required.
Employee will be provided with the books and teaching materials necessary to conduct the class. Employee is expected to conduct the class without assistance.

B. Native English speaker:
Employee, as a native speaker, will instruct the students in pronunciation exercises. Employee will be provided with the necessary material to conduct such exercise. Employee may be assisted by a Korean teacher.

6. Notification Requirement
Employer or Employee may annul the contract by giving a minimum of two months advance notice in writing. In the case of Employer seeking annulment, reasonable and adequate grounds must be provided in order for the contract to be dissolved. Reasonable and adequate grounds for annulment includes. But not limited to, persistent blatant and gross misconduct, conducting classes under the influence of intoxicants, continual absence and/or tardiness for classes. If Employee desires arbitration, a mutually agreed upon third party must be provided to settle the matter. Employee may seek annulment in cases where the employer does not complete the terms as they are required to complete according to the contract.

7. Legal action
If there is a dispute between the parties involved in this contract, parties agree to the final judgement of a Korean civil court
,or Korean civil law, whatever the final decision may be. If at anytime Employee leaves institution without giving prior notice and without going through the appropriate procedures, Employer has the right to pursue legal actions, for damages and attorney fees, against Employee. If Employee has left Korea altogether, Employer has the right to pursue legal action outside of Korea.

8. (what do you think about this? Good or Bad?) Housing is provided but utility is paid by employee.
Employee pays a power and gas bill a month.

This is usual. They pay the housing but you pay the utilities.


Signature of Employer : ________________________________

Signature of Employee : _________________________________

---------- MON ----------- DAY _____________ YEAR



[/i]



There is no mention of pension or medical insurance (BOTH of which are required by law) and the salary is pretty low. Then again the hours are also low as well...but see what I said about hours not always equating to number of classes.

I'd fix up those things I mentioned and ask for pension/MI to be included. If he declines those...then pass on this one.
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Markrly



Joined: 10 Apr 2012

PostPosted: Fri Nov 01, 2013 2:01 pm    Post subject: Reply with quote

So this contract seems to have a few things missing, such as a mention of pension. I'm not 100% sure about this contract I haven't seen any huge red flags but it does say 3.3% tax. Something I've seen in every contract lately. If someone could look over this and point out any issues and such that would be amazing. Thanks!


CONTRACT / AGREEMENT
This document is a contractual agreement between the Director with address at hereafter referred to as “ Party A “ and the instructor, , Passport #, hereafter referred to as “ Party B

1. Contract period
1) The period of this contract will be starting from 2013. 12.10 and will be terminated on 2014.12.10
2) Party B must inform party A 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.

2. Salary ( 월 급 )
1) Party A will pay a monthly salary of _ 2,100,000 __ won (Korean currency) to Party B.
2) A tax of about 3.3% will be paid to the Korean Government.
3) Over time rate for each hour will be __ 18,000 ___won
4) On completion of 1 year contract, Party B will receive the amount of one month salary as a severance pay.
5)Party A will deduct 250,000 won per month as a housing and utility deposit only for the first 3 months’ from Party A’s salary. Party A will pay this deposit back to Party B upon completion of one year contract.


3. Working Hours ( 근무 시간 )
1) Party B will work approximately ___30 _hours from Monday to Friday (N.B. : class preparation time is not included) and normal working days are approximately 22-23 days per month.
2) Classes and teaching will be scheduled in accordance with the needs of Party A.
2:00~3:00 Preparation or 3:00~4:00 Preparation
3:00~9:00 Classes 4:00~10:00 Classes
depends on schedule of School

4. Accommodation ( 숙 소 )
1) Party A will provide an apartment or flat (a person has one room) and will take responsibility for normal maintenance (property tax, repairs, etc.). Party A will provide a bed, gas stove, refrigerator, telephone. (but the fee for installing the phone will be charged to Party B)
2) Party B’s accommodation is studio apartment
3) The tenant, including party B, will be responsible for paying utilities, such as for the gas, electricity, telephone bills, etc.
4) Upon first arrival in Korea, it may be necessary for the teacher to stay in a motel temporarily before his/her permanent apartment is available.

5. Air Fare (for 1 year contract)
1) Party A agrees to pay Party B for a round ticket.
2) If Party B has to leave before 6 months, Party B will reimburse the amount of the Air-Ticket.


6. Holidays
1) During the school year, there are many national and school holidays. There are also 10 days paid holidays in a year.
2) Holidays will be separated in accordance with the needs of Party A. (the end of month)
3) Party B must be notified at least one month in advance.

7. Medical Insurance
1) Party A agrees to pay 50% of the medical insurance. Party B’s insurance premium of 50% will be deducted from his/her monthly salary.
2) Dental and pre-existing conditions(diseases) are not covered in this insurance.


8. Party A’s Obligations
1) Party A will introduce to Party B, the Party A’s school policies and regulations concerning work conditions.
2) Party A will provide Party B necessary working and living conditions.
3) Party A will provide all curricula, textbooks and other teaching materials.
4) Party A will help Party B as best as possible with any problems, including personal difficulties in living in Korea.


9. Party B’s Obligations
1) Party B shall observe Party A’s school policies and regulations concerning teachers and shall accept Party A’s arrangement, direction, supervision and evaluation in regard to his/her work.
2) Party B is not allowed to work for any other organization including private tutoring without party A’s prior consent.
3) Korean law stipulates that no full-time instructor may work at two or more institutions at the same time. Failure to observe this regulation will result in immediate dismissal.
4) Without Party A’s consent, Party B shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with Party A.
5) Party B is responsible for the implementation of the school’s curriculum, grading and evaluation, and attending occasional teachers’ meetings.
6) Party B must behave in a professional manner during class or when socializing with students after class.
7) Party B can be required to interview new students and evaluate their placement level.
Cool Party B shall not be absent without Party A’s permission, with a 2 days in advance notice.
9) If Party B is more than 10 minutes late without notification, one hour rate of payment may be deducted and if one hour missed, one day deducted.
10) Party B shall respect the Korean people’s moral standards and customs.
11) Party B shall not sexually harass the students in his/her care.
12) No form of physical punishment must be used by Party B.
13) Party B must follow Party A’s teaching methodology.



10. Resignation
1) In case of Party B’s resignation, which must be notified at least two months in advance, the contract between Party A and Party B will become null and void. Accordingly Party B’s salary will be paid up to the date of party B’s resignation.
2) In case of party B’s resignation without notice before two months, Party A is not obligated to pay the salary for the month. And Party B will pay utilities for two months.
3) In case of Party B’s resignation, which must be notified at least two months in advance, Party A can discharge Party B in two months. (depends on schedule of School)


11. Revision, Cancellation and Termination of the Contract
1) Both parties should abide by the contract and must refrain from revising, canceling, or terminating the contract without mutual consent.
2) This contract may be renewed upon agreement between Party A and Party B three months prior to its expiration; otherwise, Party B will just finish out the completion of the original contract.
The undersigned agrees to the terms stated above in this contract and for future reference, each party is to keep a copy of this contract.



PARTY A (EMPLOYER) : ________________________ Signature : ____________________

PARTY B (EMPLOYEE) : ________________________ Signature : ____________________

DATE : ______________________________________
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CentralCali



Joined: 17 May 2007

PostPosted: Fri Nov 01, 2013 11:25 pm    Post subject: Reply with quote

Markrly wrote:
So this contract seems to have a few things missing, such as a mention of pension. I'm not 100% sure about this contract I haven't seen any huge red flags but it does say 3.3% tax.


Here are the red flags I see waving proudly:

Quote:
1. Contract period
1) The period of this contract will be starting from 2013. 12.10 and will be terminated on 2014.12.10


Not a red flag, but incorrect. A one-year contract beginning on 10 December 2013 ends on 9 December 2014, not 10 December 2014.

Quote:
2) Party B must inform party A 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.


I'm wary of a two-month notice requirement for you because it gives the employer a solid month to sack you without actual consequences for them.

Quote:
3) Over time rate for each hour will be __ 18,000 ___won


I'm not much of a mathematician, but isn't that less than the regular hourly pay?

Quote:
3. Working Hours ( 근무 시간 )
1) Party B will work approximately ___30 _hours from Monday to Friday (N.B. : class preparation time is not included) and normal working days are approximately 22-23 days per month.


Well, crud. Maybe they aren't shorting you on the overtime pay. And they're talking about 23 days instead of 20 days for a four-week period. Maybe someone better at Math than I can sort out the effective regular hourly rate and if the stated overtime rate is higher or lower.

Quote:
4. Accommodation ( 숙 소 )
1) Party A will provide an apartment or flat (a person has one room) and will take responsibility for normal maintenance (property tax, repairs, etc.).


Translation: Shared apartment. You get your own bedroom but share the rest of the place.

Quote:
2) Party B’s accommodation is studio apartment


That's not what it says above.

Quote:
4) Upon first arrival in Korea, it may be necessary for the teacher to stay in a motel temporarily before his/her permanent apartment is available.


At whose expense?

Quote:
6. Holidays
1) During the school year, there are many national and school holidays. There are also 10 days paid holidays in a year.


Huh? There are national holidays which are paid days off and then there are ten days paid vacation. This wording isn't correct.

Quote:
2) Holidays will be separated in accordance with the needs of Party A. (the end of month)


WTF does this mean?

Quote:
9) If Party B is more than 10 minutes late without notification, one hour rate of payment may be deducted and if one hour missed, one day deducted.


Like heck! That's known as illegal withholding of pay.

Quote:
10) Party B shall respect the Korean people’s moral standards and customs.


WAAAAAAAAAAAAAAAAAAAAAAAY too much wiggle room for the boss in this completely meaningless comment.

Quote:
11) Party B shall not sexually harass the students in his/her care.


Ah, but it's okay for Party A to do that?

Quote:
12) No form of physical punishment must be used by Party B.


Ditto.

Quote:
10. Resignation
1) In case of Party B’s resignation, which must be notified at least two months in advance, the contract between Party A and Party B will become null and void. Accordingly Party B’s salary will be paid up to the date of party B’s resignation.


Actually, the law says you can up and quit without notice. They're still required to pay you for work performed. What you forfeit because you haven't completed the full contract is the so-called contract completion bonuses: airfare home and severance pay.

Quote:
2) In case of party B’s resignation without notice before two months, Party A is not obligated to pay the salary for the month. And Party B will pay utilities for two months.


ILLEGAL WITHHOLDING OF PAY!!!

Quote:
3) In case of Party B’s resignation, which must be notified at least two months in advance, Party A can discharge Party B in two months. (depends on schedule of School)


Dicey, that "depends on schedule of school" bit.

Seriously, friend. You really didn't notice any red flags in that horrid contract? C'mon. Tell us who it is. Is it Wonderland? CDI? Avalon? Pagoda? EBY? You don't even have to say which one; just say "yes" if it's one of those outfits.
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amyoh



Joined: 12 Oct 2013

PostPosted: Sun Nov 03, 2013 8:17 pm    Post subject: sample contract? Reply with quote

One of my recruiters sent me information on a job offer and it included a sample contract. I have never had that before. I plan on going through with the interview but I was hoping for some comments before I do. Thanks.






EMPLOYMENT AGREEMENT FOR INSTRUCTOR
FIRST YEAR CONTRACT

This EMPLOYMENT AGREEMENT has been made on this ____________by --- a corporation organized and existing under the laws of the Republic of Korea, and located at ---, (hereinafter referred to as the institute) and full name shown on the passport; a citizen of Canada whose passport number is 000000000 (hereinafter referred to as Teacher). Both parties mutually agree to a one-year contract for a regular, full-time English teaching position under the following conditions.

General
1. The institute agrees to employ the above person as an English teacher of the institute during the period stipulated herein.
2. The teacher agrees to teach pre-kindergarten or kindergarten, elementary ESL program, etc.
3. The teacher agrees to accept any class assigned by the institute director.
4. Depending upon the institute's situations, the teacher can be assigned to teach any age groups or individuals.
5. Employment elsewhere shall not be permitted in accordance with the Korean law.

Teacher Benefits
A. Salary
a. Payment for 120 hours worked in a teaching term (1 teaching term = 1 session = 20 teaching days) is 2,100,000 won (17,500 won/hr.).It will be paid in Korean currency. Teaching term will be determined by school calendar.
b. This salary will be paid per month for the previous month's teaching term (determined by school) on the 5th day of the following month.
c. The first month and the last month's salary will be based on the number of hours Teacher taught.
d. In the event when contract hours are not available in a given month, the institute will require Teacher to perform work related to professional development in order to bring the balance of hours worked up to the required 120.
e. Your first pay guarantees the training period which is 5 days before your actual contract day starts. This period pay secures the normal amount and includes to 1 session.
f. The working hours includes teaching hours only and does not include preparation time.
g. Your last salary will be paid on the day before your last working day.

B. Overtime Pay
a. All teaching hours in excess of 120 hours will be considered overtime. Overtime will be paid at the rate of 20,400 won per hour.

C. Tax & National Pension
a. South Korean income taxes and National Pension will be withheld automatically from your monthly salary. school complies with any adjustments made with Korean Income Tax Law and the National Pension Law.
b. The National Pension is paid half and half by school and the employee. The total amount withheld will be returned upon completion of the contract period.
D. Medical Insurance
a. 30 to 45 days in Korea, the institute agrees to provide the teacher with the medical insurance. This delay is caused by the processing time involved in obtaining Korean medical insurance. The teacher will be responsible for the cost of his or her own medical treatment until insurance is issued.
b. The institute will cover half of the employee's medical insurance fee. The school complies with any adjustments made with Korean Medical Insurance policy.

E. Severance Pay
a. The teacher will receive a severance payment equivalent to one month's salary (2,100,000 won) upon successful completion of this contract.

F. Substitution
a. All teachers are required to substitute for other teachers who may be sick or absent.
b. Regardless of the regular classes, the teacher will be paid at the ratio of 20,400 won/hr. If the substitution was not notified at least 12 hours before. Like wise, the institute may deduct at the ratio of 20,400 won/hr. without previous notice (12 hours before) when Teacher is absent from work for other reasons except for illness or inevitable reasons which the directors can agree or Teacher used all the three paid sick days. With the 12 hours previous notice, the institute will deduct at the ratio of 17,500 won/hr.

G. Sick Days
a. Teachers will have 3 paid sick days during the contract period.
b. The teacher must present a doctor's invoice to his or her director on the day he/she returns to work. Without doctor's invoice, it is not counted as sick days. So the payment will be deducted as clause F above.
c. Unused sick days will be paid out at the end of the contract with 100,000 won per day.
d. Upon breach in the contract, all used sick days (100,000 won per day) will be returned to the institute

H. Housing
a. The institute will provide single housing.
b. Selection and length of occupancy of the apartment will be determined by the institute. In case your apartment rental agreement is terminated while in your occupancy, you will be provided with different housing.
c. Furnishings will include a bed, a closet, a washing machine, TV, phone, A/C, gas range, refrigerator, microwave and kitchenware.
d. The teacher will be responsible for all living costs to include utilities and any extra furnishings.
e. While the teachers reside the accommodation, he/she has the responsibility to repair any damage caused by the teachers.
f. Due to the tenant's negligence (high level noise, physical damage done to the apartment, etc) and were told to evacuate the apartment, all moving costs will be paid by the occupying tenant.
e. When your last salary is paid, 300,000 won will be kept by school as a deposit and it will be paid in cash directly to you after checking your residence. School checks the cleanliness of your residence and damages of furniture and household. It happens within the last three working days. When you move out, all the setting of household and furniture as well as cleanliness should be the same as your move-in day, except for time-worn materials. After checking, thoroughly of your place, school will deduct the necessary fee(s) from the deposit, then rest will be paid back to you.




I. Airfare
a. The one year contract comes with paid one way airfare.
b. The institute is to provide the teacher with an economy class ticket from the nearest international airport to Korea.
c. If the teacher leaves the school before the end of the contract, the teacher must reimburse the cost of airfare to Korea. The price of the ticket paid by the institute may be deducted from the teacher's last payment.
J. Holidays / Vacations
a. The teacher will be given vacation according to the Korean National holidays and school Schedule.
b. The institute will give Teacher a one-week vacation (Saturday through the following Sunday) during the summer and a one-week vacation during the winter from Dec 25th to Jan 1st. These vacation times will be determined by the institute.
c. After the summer and winter vacation, Teacher is responsible to be at the institute on time for the class. If the teacher does not arrive on time, the hour-pay will be deducted in double for the missed classes.

Teacher Obligations
A. Supervision
a. The teacher will work closely with the directors and other colleagues in the planning, observation and review of instruction. The institute will observe Teacher's class informally for help at any time, and formally according to a schedule for the evaluation of Teacher.

B. Behavior
a. The teacher should respect the rules and standards of conduct of the institute (written, verbal and tacit) and obey the laws, regulations, instructions, and ordinances of the national and local governments.
b. The teacher is required to be punctual, reliable and most of all professional in representing the institute. It is also important that all teachers exemplify the dignity required of a teacher in the Korean culture. For this reason, we will not hire applicants who correspond to any of the examples below.
1) Drug or other narcotic users

If the employee is found to be involved in any of the above, contract will be immediately terminated.
c. The teacher is responsible for teaching quality as well as preparation. The teacher will accept, obey, and strictly comply with the instructions, supervision, disciplines of directors and shall carry out such assignments directed by directors.

C. The Employees Duties
a. Staff meetings will be scheduled at the discretion of the directors. Attendance is required. Staff meetings will allow time for discussion of topics of current concern within the program such as new policies, procedures, methods of training, instruction, curriculum and other matters as needed. Staff is encouraged to help work out practical solutions to problems at these meetings.
b. The teachers who are under contract and have the E2 visa are not allowed by law to obtain other jobs outside of the institute. If there's any evidence of other jobs being held, it will be a breach of contract and will be immediately terminated.

The teachers' responsibilities include the following:
- Teach assigned classes
- Follow advices and directions of the Principal and the directors.
- Develop supplemental materials as necessary.
- Teaching related works, apart from regular teaching hours, such as developing curriculum or other works asked by the directors will be counted towards the monthly teaching hours.
- Teachers must be prepared prior to class time.
- Assigned classes may be and can be changed with a proper reason and notice.
- Attendance at teachers meetings, workshops and parents meeting is obligatory.
- Attend workshops as scheduled in the annual calendar.
- Teaching related paper works such as making tests, daily reports, monthly reports, student evaluations, lesson preparation time, and staff meeting are not included as teaching hours or paid.
- There can be special classes or events on Saturdays according to school he s calendar. These classes are maximum 3 days if it happens. These will be calculated towards the guaranteed hour.
- The teacher should make phone calls to his/her own kindergarten class students (maximum 12 students) once a month to practice what they have done in class. The institute will pay 5 minutes per student for all successful contact made with student.
- During the period of the contract, the institute could take pictures or video tape teachers teaching classes or doing any related jobs. These pictures or video tapings would be used for the school's guides, web site, brochures or pamphlets.

D. Work Schedule
a. Once again, classes are Monday through Friday. The regular classes will be from 9:30 - 6:00 on Monday, Wednesday and Friday, 9:30-7:00 on Tuesday and Thursdays. The teacher will conduct classes between these times. The classes are 40 minutes long on Kindergarten classes and 40, 45 or 50 minutes long on Elementary classes.
b. Teachers will be at present for morning meeting from 9:20 every day except for one day for group meeting that begins 9:00.
c. All teachers are required to be present at the institute 10 minutes prior to all his or her classes.
d. No regular schedule can be guaranteed to the teacher within the set hours of 9:30 - 6:00 on Monday, Wednesday, Friday and 9:30-7:00 on Tuesday and Thursday.
e. Lunch hour runs from 12:40 to 1:20 pm. Teachers are not paid for this time.
f. Teachers can join in on the institute's lunch program. Monthly lunch is 140,000 won per month. If the teacher chooses to follow the program, the institute provides 70,000 won and the teacher provides 70,000 won. The teacher has the option to choose to participate each month. The lunch fee will not be refunded regardless of number of times participated. The lunch will be Korean food.
Binding Agreement
A. Termination
1. If as a result of willful and wanton negligence, gross negligence or intoxication, the teacher damages facilities, materials or other property belongings to Employer, causes damages to the institute and/or the image of the institute, the teacher shall assume pecuniary liability in accordance with Korean Law. Furthermore, if the teacher violates any of the covenants of this agreement, the institute has the right to terminate this agreement at the time of violation without further compensation or responsibility for the teacher.
2. The institute reserves the right to terminate this agreement with written notification thirty days in advance of the expected termination date, and for serious cause without notice. The teacher agrees to give written notification fifty days in advance of intention to terminate this agreement or of interest in renewing it (See #6).
3. If the teacher terminates this contract early, he/she will be responsible to pay the institute back for costs incurred by the institute to bring the teacher to Korea. The teacher will pay back the cost of the airfare as well as the cost of the fee the institute paid to the agency, if he/she terminates this contract within the first 6 months. If the contract is terminated during the final 6 months, the teacher is not responsible to pay any penalty fees concerning the airfare. The teacher must however, pay back the penalty fee (1,500,000 won) on a pro-rated basis at the time the contract is terminated.
4. If the institute cancels this contract without cause, the teacher will not be responsible to pay any money back. The teacher is also guaranteed a letter of release to find employment elsewhere.
5. Termination of employment with the institute is immediate and without notice for serious cause such as
a. Neglect of the duties stipulated in this agreement.
b. Unexcused absences and chronic lateness
c. Abusive behavior towards the children or staff
d. Two written warning letters have already been used
e. Conducting class while smoking or under the influence of alcohol or illegal drugs
f. Sexual Misconduct
g. Poor teaching skills that can not be relied upon to take classes
h. The teachers engages in criminal conduct or in misconduct
i. Tutoring or making money outside the institute.
B. Contract Period
The period of actual contract will be 1 year, from 2nd December 2013 to 1st January 2014
for a period of 365 days and a week before the contract date is for the training period. The training period is from 25th November,2013 to 29th November,2013. This period does not count as Severance Pay guarantee but will be paid as the same as regular teaching pay. If you miss more than 5 working days during your one year contract for your personal reason, you are ought to lengthen the contract for missing days to receive the guarantee of Severance Pay.In case the employ starts working prior to or after the original contract date, the employ is committed to one year contract starting from the actual working date.
I have read and agreed to the terms and conditions of employment as an English teacher at the institute. In signing this mutual agreement, I understand fully my responsibilities at the institute and accept the position on the basis of the job description in this contract.
Teacher's signature: _______________________ Date: _________ 2013
Employer's signature: _____________________ Date: _________ 2013

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TheUrbanMyth



Joined: 28 Jan 2003
Location: It's not a superiority complex when you really are superior

PostPosted: Mon Nov 04, 2013 4:53 pm    Post subject: Re: sample contract? Reply with quote

amyoh wrote:
One of my recruiters sent me information on a job offer and it included a sample contract. I have never had that before. I plan on going through with the interview but I was hoping for some comments before I do. Thanks.






EMPLOYMENT AGREEMENT FOR INSTRUCTOR
FIRST YEAR CONTRACT

This EMPLOYMENT AGREEMENT has been made on this ____________by --- a corporation organized and existing under the laws of the Republic of Korea, and located at ---, (hereinafter referred to as the institute) and full name shown on the passport; a citizen of Canada whose passport number is 000000000 (hereinafter referred to as Teacher). Both parties mutually agree to a one-year contract for a regular, full-time English teaching position under the following conditions.

General
1. The institute agrees to employ the above person as an English teacher of the institute during the period stipulated herein.
2. The teacher agrees to teach pre-kindergarten or kindergarten, elementary ESL program, etc.
3. The teacher agrees to accept any class assigned by the institute director.
4. Depending upon the institute's situations, the teacher can be assigned to teach any age groups or individuals.
5. Employment elsewhere shall not be permitted in accordance with the Korean law.

Teacher Benefits
A. Salary
a. Payment for 120 hours worked in a teaching term (1 teaching term = 1 session = 20 teaching days) is 2,100,000 won (17,500 won/hr.).It will be paid in Korean currency. Teaching term will be determined by school calendar.
b. This salary will be paid per month for the previous month's teaching term (determined by school) on the 5th day of the following month.
c. The first month and the last month's salary will be based on the number of hours Teacher taught.
d. In the event when contract hours are not available in a given month, the institute will require Teacher to perform work related to professional development in order to bring the balance of hours worked up to the required 120.
e. Your first pay guarantees the training period which is 5 days before your actual contract day starts. This period pay secures the normal amount and includes to 1 session.
f. The working hours includes teaching hours only and does not include preparation time.
g. Your last salary will be paid on the day before your last working day.

B. Overtime Pay
a. All teaching hours in excess of 120 hours will be considered overtime. Overtime will be paid at the rate of 20,400 won per hour.

C. Tax & National Pension
a. South Korean income taxes and National Pension will be withheld automatically from your monthly salary. school complies with any adjustments made with Korean Income Tax Law and the National Pension Law.
b. The National Pension is paid half and half by school and the employee. The total amount withheld will be returned upon completion of the contract period.
D. Medical Insurance
a. 30 to 45 days in Korea, the institute agrees to provide the teacher with the medical insurance. This delay is caused by the processing time involved in obtaining Korean medical insurance. The teacher will be responsible for the cost of his or her own medical treatment until insurance is issued.
b. The institute will cover half of the employee's medical insurance fee. The school complies with any adjustments made with Korean Medical Insurance policy.

E. Severance Pay
a. The teacher will receive a severance payment equivalent to one month's salary (2,100,000 won) upon successful completion of this contract.

F. Substitution
a. All teachers are required to substitute for other teachers who may be sick or absent.
b. Regardless of the regular classes, the teacher will be paid at the ratio of 20,400 won/hr. If the substitution was not notified at least 12 hours before. Like wise, the institute may deduct at the ratio of 20,400 won/hr. without previous notice (12 hours before) when Teacher is absent from work for other reasons except for illness or inevitable reasons which the directors can agree or Teacher used all the three paid sick days. With the 12 hours previous notice, the institute will deduct at the ratio of 17,500 won/hr.

G. Sick Days
a. Teachers will have 3 paid sick days during the contract period.
b. The teacher must present a doctor's invoice to his or her director on the day he/she returns to work. Without doctor's invoice, it is not counted as sick days. So the payment will be deducted as clause F above.
c. Unused sick days will be paid out at the end of the contract with 100,000 won per day.
d. Upon breach in the contract, all used sick days (100,000 won per day) will be returned to the institute

H. Housing
a. The institute will provide single housing.
b. Selection and length of occupancy of the apartment will be determined by the institute. In case your apartment rental agreement is terminated while in your occupancy, you will be provided with different housing.
c. Furnishings will include a bed, a closet, a washing machine, TV, phone, A/C, gas range, refrigerator, microwave and kitchenware.
d. The teacher will be responsible for all living costs to include utilities and any extra furnishings.
e. While the teachers reside the accommodation, he/she has the responsibility to repair any damage caused by the teachers.
f. Due to the tenant's negligence (high level noise, physical damage done to the apartment, etc) and were told to evacuate the apartment, all moving costs will be paid by the occupying tenant.
e. When your last salary is paid, 300,000 won will be kept by school as a deposit and it will be paid in cash directly to you after checking your residence. School checks the cleanliness of your residence and damages of furniture and household. It happens within the last three working days. When you move out, all the setting of household and furniture as well as cleanliness should be the same as your move-in day, except for time-worn materials. After checking, thoroughly of your place, school will deduct the necessary fee(s) from the deposit, then rest will be paid back to you.




I. Airfare
a. The one year contract comes with paid one way airfare.
b. The institute is to provide the teacher with an economy class ticket from the nearest international airport to Korea.
c. If the teacher leaves the school before the end of the contract, the teacher must reimburse the cost of airfare to Korea. The price of the ticket paid by the institute may be deducted from the teacher's last payment.
J. Holidays / Vacations
a. The teacher will be given vacation according to the Korean National holidays and school Schedule.
b. The institute will give Teacher a one-week vacation (Saturday through the following Sunday) during the summer and a one-week vacation during the winter from Dec 25th to Jan 1st. These vacation times will be determined by the institute.
c. After the summer and winter vacation, Teacher is responsible to be at the institute on time for the class. If the teacher does not arrive on time, the hour-pay will be deducted in double for the missed classes.

Teacher Obligations
A. Supervision
a. The teacher will work closely with the directors and other colleagues in the planning, observation and review of instruction. The institute will observe Teacher's class informally for help at any time, and formally according to a schedule for the evaluation of Teacher.

B. Behavior
a. The teacher should respect the rules and standards of conduct of the institute (written, verbal and tacit) and obey the laws, regulations, instructions, and ordinances of the national and local governments.
b. The teacher is required to be punctual, reliable and most of all professional in representing the institute. It is also important that all teachers exemplify the dignity required of a teacher in the Korean culture. For this reason, we will not hire applicants who correspond to any of the examples below.
1) Drug or other narcotic users

If the employee is found to be involved in any of the above, contract will be immediately terminated.
c. The teacher is responsible for teaching quality as well as preparation. The teacher will accept, obey, and strictly comply with the instructions, supervision, disciplines of directors and shall carry out such assignments directed by directors.

C. The Employees Duties
a. Staff meetings will be scheduled at the discretion of the directors. Attendance is required. Staff meetings will allow time for discussion of topics of current concern within the program such as new policies, procedures, methods of training, instruction, curriculum and other matters as needed. Staff is encouraged to help work out practical solutions to problems at these meetings.
b. The teachers who are under contract and have the E2 visa are not allowed by law to obtain other jobs outside of the institute. If there's any evidence of other jobs being held, it will be a breach of contract and will be immediately terminated.

The teachers' responsibilities include the following:
- Teach assigned classes
- Follow advices and directions of the Principal and the directors.
- Develop supplemental materials as necessary.
- Teaching related works, apart from regular teaching hours, such as developing curriculum or other works asked by the directors will be counted towards the monthly teaching hours.
- Teachers must be prepared prior to class time.
- Assigned classes may be and can be changed with a proper reason and notice.
- Attendance at teachers meetings, workshops and parents meeting is obligatory.
- Attend workshops as scheduled in the annual calendar.
- Teaching related paper works such as making tests, daily reports, monthly reports, student evaluations, lesson preparation time, and staff meeting are not included as teaching hours or paid.
- There can be special classes or events on Saturdays according to school he s calendar. These classes are maximum 3 days if it happens. These will be calculated towards the guaranteed hour.
- The teacher should make phone calls to his/her own kindergarten class students (maximum 12 students) once a month to practice what they have done in class. The institute will pay 5 minutes per student for all successful contact made with student.
- During the period of the contract, the institute could take pictures or video tape teachers teaching classes or doing any related jobs. These pictures or video tapings would be used for the school's guides, web site, brochures or pamphlets.

D. Work Schedule
a. Once again, classes are Monday through Friday. The regular classes will be from 9:30 - 6:00 on Monday, Wednesday and Friday, 9:30-7:00 on Tuesday and Thursdays. The teacher will conduct classes between these times. The classes are 40 minutes long on Kindergarten classes and 40, 45 or 50 minutes long on Elementary classes.
b. Teachers will be at present for morning meeting from 9:20 every day except for one day for group meeting that begins 9:00.
c. All teachers are required to be present at the institute 10 minutes prior to all his or her classes.
d. No regular schedule can be guaranteed to the teacher within the set hours of 9:30 - 6:00 on Monday, Wednesday, Friday and 9:30-7:00 on Tuesday and Thursday.
e. Lunch hour runs from 12:40 to 1:20 pm. Teachers are not paid for this time.
f. Teachers can join in on the institute's lunch program. Monthly lunch is 140,000 won per month. If the teacher chooses to follow the program, the institute provides 70,000 won and the teacher provides 70,000 won. The teacher has the option to choose to participate each month. The lunch fee will not be refunded regardless of number of times participated. The lunch will be Korean food.
Binding Agreement
A. Termination
1. If as a result of willful and wanton negligence, gross negligence or intoxication, the teacher damages facilities, materials or other property belongings to Employer, causes damages to the institute and/or the image of the institute, the teacher shall assume pecuniary liability in accordance with Korean Law. Furthermore, if the teacher violates any of the covenants of this agreement, the institute has the right to terminate this agreement at the time of violation without further compensation or responsibility for the teacher.
2. The institute reserves the right to terminate this agreement with written notification thirty days in advance of the expected termination date, and for serious cause without notice. The teacher agrees to give written notification fifty days in advance of intention to terminate this agreement or of interest in renewing it (See #6).
3. If the teacher terminates this contract early, he/she will be responsible to pay the institute back for costs incurred by the institute to bring the teacher to Korea. The teacher will pay back the cost of the airfare as well as the cost of the fee the institute paid to the agency, if he/she terminates this contract within the first 6 months. If the contract is terminated during the final 6 months, the teacher is not responsible to pay any penalty fees concerning the airfare. The teacher must however, pay back the penalty fee (1,500,000 won) on a pro-rated basis at the time the contract is terminated.

This recruiter's fee is between the director and the recruiter. It should not be any business of yours.

4. If the institute cancels this contract without cause, the teacher will not be responsible to pay any money back. The teacher is also guaranteed a letter of release to find employment elsewhere.
5. Termination of employment with the institute is immediate and without notice for serious cause such as
a. Neglect of the duties stipulated in this agreement.
b. Unexcused absences and chronic lateness
c. Abusive behavior towards the children or staff
d. Two written warning letters have already been used
e. Conducting class while smoking or under the influence of alcohol or illegal drugs
f. Sexual Misconduct
g. Poor teaching skills that can not be relied upon to take classes
h. The teachers engages in criminal conduct or in misconduct
i. Tutoring or making money outside the institute.
B. Contract Period
The period of actual contract will be 1 year, from 2nd December 2013 to 1st January 2014
for a period of 365 days and a week before the contract date is for the training period. The training period is from 25th November,2013 to 29th November,2013. This period does not count as Severance Pay guarantee but will be paid as the same as regular teaching pay. If you miss more than 5 working days during your one year contract for your personal reason, you are ought to lengthen the contract for missing days to receive the guarantee of Severance Pay.In case the employ starts working prior to or after the original contract date, the employ is committed to one year contract starting from the actual working date.
I have read and agreed to the terms and conditions of employment as an English teacher at the institute. In signing this mutual agreement, I understand fully my responsibilities at the institute and accept the position on the basis of the job description in this contract.
Teacher's signature: _______________________ Date: _________ 2013
Employer's signature: _____________________ Date: _________ 2013

.



Apart from paying back the recruiter's fee...there's nothing too terrible here. Standard boilerplate hakwon contract.

Understand though that I am not recommending it..just saying that the contract seems fairly okay. As to the actual institute/director...I have no idea.
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Markrly



Joined: 10 Apr 2012

PostPosted: Thu Nov 07, 2013 10:13 pm    Post subject: Reply with quote

Hi, this is one of the longest contracts I've ever seen. I've looked over it and see some things I am not fond of already. I'm really tired and need some sleep for work tomorrow so if any other fresh pair of eyes would be willing to look over this that would be great too. Thanks a lot!


AGREEMENT FOR TEACHING SERVICES

This AGREEMENT (“Agreement”) is made as of this___23_day of __December__, 2013 by and between, (“Company”), having its office at _______ and an individual(“Instructor”), having his/her residence at

WHEREAS, the Owner desires to enlist the services of the Instructor and the Instructor desires to render such services on the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows:

1. Work Period and Compensation
1.1 Subject to the terms and provisions of this Agreement, the Owner hereby appoint the Instructor as one of its independent-contractor instructors and pays for services to be provided by the Instructor and the Instructor hereby accepts such appointment and agrees to offer services to the Owner, during the period (the “Initial Term”) commencing on December 23rd, 2013 (the "Commencement Date") and ending on December 23th, 2014 (the “End Date”), unless extended as provided below or terminated sooner as provided in Article 3 hereof ("Termination"). This Agreement shall become effective only upon the Instructor having successfully passed the training program and obtaining a teaching certificate issued by____. This Agreement shall not become effective if there is a refusal of the training program by the Instructor or poor performance resulting in a failure to pass the training program by the Instructor.
1.2 During the term of this Agreement, the Instructor is required to prepare, teach, and perform any required consulting and administrative duties assigned by the Owner. The requirement is a total of One Hundred Twenty (120) actual teaching hours per month. The total teaching hours may exceed One Hundred Twenty (120) hours in one month.

1.3 The monthly compensation for this contract term shall initially be set at Two Million One Hundred thousand (2,100,000) Korean Won, which shall be paid monthly only upon full completion of all duties and obligations arising from the applicable month of employment. The monthly wage calculation will commence from the first day of teaching and shall be pro-rated for the first month in the event that the Instructor does not work for the full month during the first pay period. When an instructor is absent from scheduled teaching duties, monthly pay will be deducted according to the substitute instructor’s overtime rate per Article 1.13.

1.4 The Instructor shall be entitled to the payment of one (1) month wage of Two Million One Hundred thousand (2,100,000) Korean Won, as severance pay upon the successful completion of the full term of this Agreement minus any applicable taxes and other withholdings as required by law. Severance pay shall be paid along with the monthly wage for the twelfth (12th) month of employment.

1.5 The monthly compensation, deducted by any applicable taxes required by law, will be paid by the 5th, 10th, or 15th day of each month (depending on location); provided, however, that in the case where such date falls on a holiday or any other days on which banks are normally closed (including weekend), the monthly compensation will be paid on the following business day.

1.6 The Owner will assist in procuring adequate health insurance for the Instructor and make applicable pension payments on behalf of the Instructor during the duration of this contract. The Owner and the Instructor will each bear Fifty (50) percent of the total cost of health insurance and applicable pension payments. The Instructor is required to return the health insurance card upon completion or termination of this Agreement and to report to the appropriate organizations and agencies, the Instructor’s change in contract status.

1.7 The Owner shall provide rent-free housing for the Instructor during the term of this Agreement. The Instructor will be responsible for utilities and maintenance fees, and any other fees associated with the housing during the term of his/her contract. In the event that this agreement is terminated by either party, subject to Article 3 below, the Instructor must vacate the premises within seven (7) days of notice of termination. Any costs associated with Instructor’s failure to vacate the premises, including but not limited to rent payments, legal expenses, and attorney fees shall be paid by the Instructor.

1.8 The Instructor may be required to teach classes on weekend days (Saturday or Sunday) should the schedule designated by the Owner call for such classes to be taught by the Instructor. The Instructor is also required to attend periodic training sessions held by the Owner in order to improve the quality of his/her services to be provided hereunder. The hours spent in relation to these periodic training sessions shall not be construed as teaching hours and the Instructor shall not be compensated for preparing for, traveling to, or attending such training sessions.

1.9 In the event that the Instructor is required to teach additional special classes during regular school vacation periods (Spring, Summer and/or Winter vacations), the same hourly rate as stipulated in Article 1.14 shall apply if and only if the Instructor’s teaching hours exceed One Hundred Twenty (120) teaching hours in that particular month’s work period.

1.10 The Owner may, at its sole discretion, provide the Instructor with bonuses, stipends or other additional remuneration; provided, however, that such bonuses, stipends or other additional remuneration shall neither be expected nor required by either party.


1.11 The Owner shall reimburse the Instructor the airplane ticket (economy class) that the Instructor purchased to travel to Korea within the first paycheck, provided that the primary purpose behind the purchase of such ticket was to commence a contract with the Owner and a proper receipt for the ticket is furnished. The Owner shall also purchase the cost for a return airplane ticket within 15 days after the completion of one year provided that the instructor leave the country to return home or to go on a vacation before starting work at a new Owner. In the event that the instructor fails to complete the duration of the one-year contract, any and all portions of the reimbursed airplane ticket fee will be withheld from the Instructor’s last monthly wage payment. The maximum amount of the airfare for a one way ticket shall not exceed One Million (1,000,000) Korean won.

1.12 The Owner shall pay Twenty Five Thousand (25,000) Korean Won for each hour taught by the Instructor in excess of the One Hundred Twenty (120) teaching hours per month as overtime pay.

1.13 The Owner may request the Instructor to substitute for another instructor in another class, provided that the teaching hours do not exceed One Hundred Twenty (120) hours per month. Hours in excess of One Hundred Twenty (120) hours will be construed as overtime as stated in 1.13.

1.14 The Instructor will be required to successfully complete orientation and training as stated in Article 1.1. The Owner may provide accommodation at a remote camp training session or at a nearby hotel in Seoul if training is to be conducted at the headquarters. It is the sole discretion of _______ which training session the instructor will attend.

1.15 The Instructor agrees and understands that he/she will be paid on a monthly basis with limited hours, duties, and responsibilities which do not qualify him/her as a full-time employee.

2. Covenants

2.1 The Instructor shall use his/her utmost efforts to deliver the highest quality of education in line with the Owner’s requirements and programs and observe all the required Student Management Procedures and the Owner Guidelines specified in Appendix A, attached hereto. The Instructor shall work in good faith to accommodate requests by the Owner’s administration staff. In addition to the foregoing, the Instructor shall:

a. comply with the proper check-in procedures and arrive at his/her classroom at least twenty (20) minutes prior to the beginning of classes each working day;
b. comply with the dress code of the Owner;
c. prior to completion of six (6) consecutive months of providing services hereunder without any failure to the punctuality obligation specified in (a) above or absence from work, refrain from requesting any of the following: 1) time off; 2) professional development leave or any other leave; or 3) excuse of performance of the obligations hereunder for any reason;
d. not request professional development leave more than once within any six (6) consecutive months; and
e. refrain from directly or indirectly causing any harm to the operations, management or corporate image of the Owner.

If the Owner determines that the Instructor has failed to observe and abide by any of the provisions (a) through (e) above, it may terminate this Agreement without prior notice to the Instructor reserving and not prejudicing all its rights to pursue any and all remedies at law or in equity, including but not limited to legal expenses and attorneys fees, to rectify or seek compensation for any breach or damages caused by the Instructor.

2.2 Probation. Any instructor who fails to comply with any of the guidelines set forth herein may be placed on probation for a period from thirty (30) days to one hundred and eighty (180) days depending on the nature and extent of the failure. The consequences of being placed on probation are as follows:

a. instructor may have a number of teaching hours or classes reduced, resulting in reduced pay;
b. instructor may be required to attend additional training sessions;
c. instructor may not request professional development leave during the period of probation;
d. lack of immediate and sustained improvement by the Instructor during the period of probation may lead to immediate termination of the Agreement;
e. possible termination of the Agreement at the end of the probation term in the event the Instructor receives below-average performance ratings during the period of probation and;
f. any further infractions of the Owner Guidelines outlined in Appendix A may lead to immediate termination of the Agreement.

2.3 Work Product. All original materials produced by the Instructor in performing his/her obligations hereunder during the Initial Term or any renewed or extended term of this Agreement shall become and remain the sole property of the Owner.
2.4 Unauthorized Disclosure. The Instructor agrees and understands that due to the Instructor's relationship with the Owner, the Instructor has been and will be exposed to and receive information on or of the Owner, including but not limited to technical information, customer information, product information, intellectual property, computer systems, and other information concerning the Owner's products, development, business policies and practices, and other forms of information considered by the Owner to be confidential and/or in the nature of trade secrets. The Instructor agrees that during the Initial Term of any renewed or extended term of this Agreement and thereafter, the Instructor shall keep such information confidential and not disclose such information, either directly or indirectly, to any third person or entity without the prior written consent of the Owner (unless such information is otherwise in the public domain through no fault of the Instructor); provided, however, that nothing in this Article 2 shall prevent the Instructor with or without the Owner's consent, from disclosing documents or information in connection with any judicial or administrative investigation, inquiry or proceeding, if the Instructor is compelled to disclose such information do so by a judicial or administrative order, notifies the Owner as soon as practicable after the receipt of such order, and limits such disclosure to only such information as required to be disclosed by such order. This confidentiality covenant has no temporal, geographical or territorial restriction. Upon termination of this Agreement, the Instructor will promptly surrender possession to the Owner and refrain from using all property, keys, notes, pass codes, memoranda, writings, e-mail accounts, lists, files, reports, customer lists, correspondence, tapes, disks, cards, logs, machines, technical data or any other tangible products or documents in the actual or constructive possession of the Instructor.
2.5 Non-solicitation and Non-disparagement. The Instructor agrees that the Instructor shall not during the Initial Term and any renewed or extended term of this Agreement and for a period of six (6) months thereafter (the "Restriction Period"), intentionally or knowingly, directly or indirectly, (i) interfere with the relationships of the Owner and any of its affiliates, or endeavor to entice away from the Owner and any of its affiliates, any individual, person, firm, corporation or other business entity who at any time during the Initial Term and any renewed or extended term of this Agreement is an employee or customer of the Owner and/or any of its affiliates or otherwise has a material business relationship with the Owner and/or any of its affiliates, or (ii) discourage, or attempt to discourage, any individual, person, firm, corporation or business entity from doing business with the Owner and/or any of its affiliates. The Instructor agrees that during the Initial Term and thereafter, he/she shall not intentionally or knowingly, directly or indirectly, make or publish any negative or disparaging statements, comments or remarks regarding the Owner and/or any of its affiliates, instructors, employees, directors, or officers.
2.6 Remedies. The Instructor acknowledges that any breach of the terms of in this Article 2 would result in irreparable injury and damage to the Owner for which there would be no adequate remedy at law. The Instructor therefore agrees that in the event of said breach or any threat of breach, the Owner shall be entitled to an immediate injunction and restraining order to prevent such breach and/or threatened breach and/or continued breach by the Instructor and/or any and all persons and/or entities acting for and/or with the Instructor, without having to prove damages, and to all costs and expenses, including reasonable attorneys' fees and costs, in addition to any other remedies to which the Owner may be entitled at law or in equity. The terms of this paragraph shall not prevent the Owner from pursuing any other available remedies for any breach or threatened breach hereof, including but not limited to the recovery of damages from the Instructor. The Instructor and the Owner further agree that the provisions of this Article 2 are reasonable and the Owner would not have entered into this Agreement but for their inclusion herein.
2.7 Original Diploma. The instructor will submit his/her original diploma to the ________ on the first day of scheduled training as an assurance of such degree being in his/her possession and available to submit to the Ministry of Education on the first day of teaching and will receive back the original diploma at the end of the scheduled training week only if the diploma has not already been submitted previously. Returning of his/her original diploma will not be conditional based on the passing or failing of the scheduled training but will be returned regardless of the instructor’s performance during the scheduled training week. If the instructor fails to submit the original diploma to be noted at the Ministry of Education on his/her first day of teaching the contract will be deemed null and void.
2.8 The provisions of this entire Article 2 shall survive any termination of this Agreement, and the existence of any claim or cause of action by the Instructor against the Owner, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by the Owner of the covenants and agreements of this Article 2.
3. Termination

3.1 The Instructor may terminate this Agreement by providing Sixty-five (65) day advance notice in writing. In order to protect the continuity of education for the Owner’s students, both parties shall faithfully fulfill all of their duties under this Agreement until its actual termination.

3.2 Notwithstanding Article 3.1, the Owner reserves the right to terminate this Agreement without prior notice to the Instructor.

3.3 Notwithstanding Article 3.1, in the event that the Instructor refuses the teaching schedule as provided in Article 1.7 prior to the Commencement Date or anytime thereafter up to the End Date, the Owner may terminate this Agreement without any prior notice.

3.4 In the event this Agreement is terminated prior to the End Date and the Instructor wishes to apply to any ______, other than the one where he/she has provided services hereunder, he/she shall be required to produce a signed letter of release or recommendation from the Owner. In the absence of such document, the Instructor shall not be eligible to apply to nor be hired at any other ________ until the End Date, unless the Instructor has terminated this Agreement due to any material breach of this Agreement by the Owner.

4. Non-Waiver of Rights. The failure to enforce at any time the provisions of this Agreement or to require at any time performance by the other party of any of the provisions hereof shall in no way be construed to be a waiver of such provisions or to affect either the validity of this Agreement or any part hereof, or the right of either party to enforce each and every provision in accordance with its terms.

5. Entire Agreement. This Agreement sets forth the entire understanding of the parties hereto with respect to the subject matter hereof and supersedes all prior agreements and plans, written or oral between them as to such subject matter. No party has been induced to enter into this Agreement by, nor is any party relying on any representation or warranty outside those expressly set forth herein.

6. Severability. If any provision of this Agreement, or any application thereof to any circumstances, is deemed invalid, in whole or in part, by a court of law or other governmental authority, such provision or application shall to that extent be severable and shall not affect other provisions or applications of this Agreement.

7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Korea, without reference to the principles of conflict of laws. Any and all conflicts shall be resolved by a competent court in the Republic of Korea, unless the parties hereto agree in writing to arbitrate the relevant conflict.

8. Modifications and Waivers. No provision of this Agreement may be modified, altered or amended except by an instrument in writing executed by the parties hereto. No waiver by either party hereto of any breach by the other party hereto of any provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions at the time or at any prior or subsequent time.

9. Impracticability of Performance. In the event of calamity, including but not limited to riot, insurrection, war, or other emergency conditions, as well as significant changes in the law occurring in the Republic of Korea and caused by acts of nature or of man, which may hinder or alter the normal operations of the Owner, this Agreement shall be deemed null and void and all obligations arising herein shall be immediately terminated.
10. Headings. The headings contained herein are solely for the purposes of reference, are not part of this Agreement, and shall in no way affect the meaning or interpretation of this Agreement.
11. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument.
12. Confidentiality of Agreement. The remuneration and all terms of this Agreement are strictly confidential. In the case of violation of the foregoing by the Instructor, the Owner may immediately terminate this Agreement.
13. Instructor Representations. The Instructor represents and warrants to the Owner that the Instructor is not subject to any agreement, written or oral, any law, regulation or similar enactment, or any decree, order or similar action by any tribunal or government authority, which could, in any way, restrict the Instructor’s ability to negotiate, enter into this Agreement or fully perform any obligations hereunder.
IN WITNESS WHEREOF, the undersigned have executed this Agreement on the date set forth below.

_______
INSTRUCTOR
On its behalf:


_____________________________________ _______________________________________

Name: Print Name:

Title: ID or passport#:

Date: Date:


Appendix A- Owner Guidelines (as of 07.12.2012)
1. Punctuality
Rationale 1: One of the core responsibilities of the Instructor is the management and counseling of his/her students. In order to facilitate counseling of students in every class, the Instructor should review past grades, RMA (Request for Management Action – a form used in student management procedure) history, and other data and documents related to his/her students and designate students for possible counseling – whether that counseling is for praise, encouragement or any other purposes. Class time is reserved for instruction and counseling only. A review of student history should be done outside class time as a part of preparation or follow-up. Since the well-being of students is the main priority of Owner and the Instructor, it is only the reason for instructors to be on the premises preparing for any relevant day’s class or classes.
Rationale 2: Punctuality is a crucial component of activities or operations befitting the Instructor. Due to the obvious unpredictability of Korean traffic and other unforeseen circumstances, the Instructor should begin their commute to the premises with a reasonable buffer time in order to ensure his/her punctual arrival for smooth and professional classes.
All instructors must be at the branch by 1PM on Mondays, Wednesdays, and Fridays; 2 PM on Tuesdays and Thursdays, to prepare for April and ____ classes.
Furthermore, the Instructor shall attend any and all his/her classes from the start thereof (the “Punctuality Rule”) and the Instructor acknowledges that the Owner will not tolerate any violation of such Punctuality Rule. The Owner is extremely sensitive to any violation of the Punctuality Rule by the Instructor because such violation is the most conspicuous index of instructors' unprofessional behavior. It is an indication of a lack of responsibility, a poor work ethic, and a blatant disregard of the trust that the Owner has received to educate Korea’s children. Therefore, the following guidelines shall be used in order to promote not only awareness but also certainty of the results of such violations, and the Owner requests that the Instructor do his/her utmost to maintain the level of professionalism required to abide by the guidelines below.

Violation of Punctuality Rule During 1 Term of 3 Months
Number of Violations Result
1 Notification (Online and Offline)
2 Notification (Online and Offline)
3 Probation without eligibility for additional fee-based assignments for
two terms (6 months) + Notification (Online and Offline)
4
5 Termination of the Agreement
Violation of Punctuality Rule During 1 Term of 3 months
Number of Violations Result
1 Deduction of payment in accordance with the formula below + Notification (Online and Offline)
2 Deduction of payment in accordance with the formula below + Probation without eligibility for additional fee-based assignments for two terms (6 months) + Notification (Online and Offline)
3 Termination of the Agreement
* The formula for payment deduction: Payment for services provided by the Instructor under Article 1 of the Agreement shall be deducted by the missed class time, which shall be calculated by rounding up any minutes of class time, during which the Instructor fails to attend the relevant class, to the nearest hour (for examples, being late for 1 minute will result in deduction of payment for 1 hour and being late for 61 minute will result in deduction of payment for 2 hours).

2. Absence without Prior Notice
Any absence from a scheduled class without at least 24-hour prior notice and approval from the Owner shall constitute a violation of the Punctuality Rule for the purposes of considering probation or termination of the Agreement but not for the purpose of payment deduction under the Punctuality Rule.
3. Dress Code
Dress code will be in effect for all instructors of the Owner, including the Instructor, to promote a professional image of the Owner. In the interest of fostering a “casual, but smart” image, the following items are prohibited:
a. All headwear including, but not limited to, baseball caps, bandannas, skull-caps, and hats;
b. Any article of clothing that is torn, ripped, or tie-dyed, or camouflage-printed;
c. Any article of clothing that contains vulgar, profane, violent, or sexual content;
d. Any article of clothing which may be excessively revealing including, but not limited to, muscle-
T’s, tank-tops, half-T’s, and miniskirts;
e. All short-cut pants exposing the legs, including, but not limited to, Bermuda shorts, khaki shorts,
and jean shorts;
f. Any article of clothing that is purposely oversized or excessively baggy including but not limited to snowboard pants, hip-hop gear, military fatigues, and overalls;
g. Flip-flops, slippers, bowling shoes, and combat boots;
h. Public exposure of piercing of the body and face with the exception of earrings in the amount of up to three(3) earrings per ear limited in size to two (2) inches in diameter. Nose rings, eyebrow rings, lip rings, and cheek piercing are strictly prohibited;
i. Public exposure of any tattoos, hennas, or other figurative markings on the body. These markings must be kept covered with appropriate articles of clothing or accessories; and
j. Any dyeing or cutting of hair in a conspicuously unusual manner including, but not limited to Mohawk haircuts, Punk-style haircuts, or hairstyles with fluorescent colors.
*Special exceptions to the above-mentioned items may be granted for religious or medical reasons on a case-by-case basis.
*Instructors, including the Instructor, should realize the importance of maintaining an appropriate level of formality at the end and beginning of terms. While formal attire is not mandatory, professional appearance and conduct are of utmost importance. Instructors, including the Instructor, are also encouraged to refrain from smoking within visibility of any student of the Owner, and to smoke only in designated areas.
4. Probation
Instructors who have committed any of the following violations or any combination thereof may be placed on probation based on the nature and extent of such violation(s), or deemed to have breached the terms of the Agreement, for which the Owner may terminate the Agreement under Article 3:
a. Three or more violations of the 20-minute rule during one (1) term;
b. Five or more violations of the 20-minute rule during any six (6) month period;
c. Two or more actual case of tardiness from class during one (1) term;
d. Three or more actual case of tardiness during any six (6) month period;
e. Tardiness to or failure to attend scheduled meetings and training sessions on two (2) or more occasions during one (1) term without prior approval;
f. Requests for sick days or emergency leave on a continuous basis;
g. Unauthorized use of the computer for personal purposes during class including but not limited to playing games, using messenger, using the Internet, and creating documents or files;
h. Leaving the classroom during scheduled class hours (other than during break times);
i. Failure to properly check Owner communication portal and related email account on a daily basis or otherwise fail to receive and respond to communications from Owner on a continuous basis;
j. Failure to properly complete and provide information pertaining to classes or requested by Owner staff on a timely basis including, but not limited to, student grades, overall student evaluations, scheduling preferences, and level placements;
k. Failure to return homework, quizzes, exams, or other class materials to students within a timely basis;
l. Improper conduct leading to a complaint from a student, parent, faculty, staff, manager, officer, or director where an investigation into the matter reveals that the Instructor was at fault and that his/her actions caused harm to the reputation or the work environment at Owner;
m. Conduct unbecoming an Instructor including but not limited to violation of the laws of Korea, contributing to the delinquency of a minor, causing a public disturbance, and public drunkenness; or
n. Poor work quality evidenced by unsatisfactory performance ratings at the end of any academic term.
5. Conduct
The Instructor shall not engage in using any foul language, mature content, or otherwise offensive themes/materials in any class. In addition, the Instructor shall observe all Korean laws and regulations as a responsible Korean citizen or visiting foreign national, as appropriate.
6. Professional Development Leave
The Instructor is entitled to apply for up to 7 consecutive days (class days and non-class days included) of paid professional development leave after the first initial six (6) months upon commencing teaching services at Owner. One (1) additional day of leave shall accrue for every nine (9) month period after such initial six (6) month period.
How professional development leave is to be used is at the Instructor’s sole discretion.
Requests for professional development leave must be made to your Faculty Manager preferably prior to the commencement of a new academic term, but in no event shall such request be considered unless submitted at least thirty (30) days in advance.
If the Instructor does not take all of the days of leave permitted hereunder, such remaining days of leave shall not be carried over to any extended or renewed term of the Agreement beyond the Initial Term.
Except in case of emergency, instructors may not apply for professional development leave or substitute classes during the first three weeks or last three weeks of any academic term. The reason is that students and class stability is most sensitive during these periods of a given academic term, and require the utmost care and attention by both Instructor and Owner management. In addition, instructor’s decision for professional development leave should be mutually agreed with the management and the circumstances of the institute and made sure no interference is made to the curriculum.
If the Instructor teaches any intensive classes, he/she shall not apply for professional development leave during the period of such classes.
Should the instructor ever teach zero class hours for a period greater than 2 weeks, no evaluation for FAS is given and reconsideration for adjusting the instructor’s hourly rate is delayed for the duration of the instructor’s absence from the classroom.

7. CCTV
The purpose of CCTV is (1) to serve as a resource for all the instructors of the Owner, including the Instructor and (2) to serve as a monitoring tool.
The primary purpose of the CCTV system is not for Owner and its training consultants to monitor Instructor performance, but rather for all instructors, including the Instructor, to continue developing their skills. Hence all instructors, including the Instructor, will have access to (i) their own classroom footages and (ii) classroom footages of other instructors when accompanied by the head instructor of the Owner to observe the best examples of teaching skills and methodologies.
CCTV as a monitoring tool serves a vital role in not only evaluating the instructors, including the Instructor, but also serves as a blanket of protection. The Owner may verify student complaints and defend its instructors, including the Instructor, when complaints are groundless.
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RangerMcGreggor



Joined: 12 Jan 2011
Location: Somewhere in Korea

PostPosted: Fri Nov 08, 2013 12:10 am    Post subject: Reply with quote

Markrly wrote:


AGREEMENT FOR TEACHING SERVICES

This AGREEMENT (“Agreement”) is made as of this___23_day of __December__, 2013 by and between, (“Company”), having its office at _______ and an individual(“Instructor”), having his/her residence at

WHEREAS, the Owner desires to enlist the services of the Instructor and the Instructor desires to render such services on the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows:

1. Work Period and Compensation
1.1 Subject to the terms and provisions of this Agreement, the Owner hereby appoint the Instructor as one of its independent-contractor instructors and pays for services to be provided by the Instructor and the Instructor hereby accepts such appointment and agrees to offer services to the Owner, during the period (the “Initial Term”) commencing on December 23rd, 2013 (the "Commencement Date") and ending on December 23th, 2014 (the “End Date”), unless extended as provided below or terminated sooner as provided in Article 3 hereof ("Termination"). This Agreement shall become effective only upon the Instructor having successfully passed the training program and obtaining a teaching certificate issued by____. This Agreement shall not become effective if there is a refusal of the training program by the Instructor or poor performance resulting in a failure to pass the training program by the Instructor.
This is a really bad start. It is quiet possible they could decide they don't like you, and leave you high and dry.

1.2 During the term of this Agreement, the Instructor is required to prepare, teach, and perform any required consulting and administrative duties assigned by the Owner. The requirement is a total of One Hundred Twenty (120) actual teaching hours per month. The total teaching hours may exceed One Hundred Twenty (120) hours in one month.

1.3 The monthly compensation for this contract term shall initially be set at Two Million One Hundred thousand (2,100,000) Korean Won, which shall be paid monthly only upon full completion of all duties and obligations arising from the applicable month of employment. The monthly wage calculation will commence from the first day of teaching and shall be pro-rated for the first month in the event that the Instructor does not work for the full month during the first pay period. When an instructor is absent from scheduled teaching duties, monthly pay will be deducted according to the substitute instructor’s overtime rate per Article 1.13.

1.4 The Instructor shall be entitled to the payment of one (1) month wage of Two Million One Hundred thousand (2,100,000) Korean Won, as severance pay upon the successful completion of the full term of this Agreement minus any applicable taxes and other withholdings as required by law. Severance pay shall be paid along with the monthly wage for the twelfth (12th) month of employment.

1.5 The monthly compensation, deducted by any applicable taxes required by law, will be paid by the 5th, 10th, or 15th day of each month (depending on location); provided, however, that in the case where such date falls on a holiday or any other days on which banks are normally closed (including weekend), the monthly compensation will be paid on the following business day.

1.6 The Owner will assist in procuring adequate health insurance for the Instructor and make applicable pension payments on behalf of the Instructor during the duration of this contract. The Owner and the Instructor will each bear Fifty (50) percent of the total cost of health insurance and applicable pension payments. The Instructor is required to return the health insurance card upon completion or termination of this Agreement and to report to the appropriate organizations and agencies, the Instructor’s change in contract status.
This is so incredibly vague it is somewhat worrisome that you might get shafted. I also never heard about returning a health insurance card ever
1.7 The Owner shall provide rent-free housing for the Instructor during the term of this Agreement. The Instructor will be responsible for utilities and maintenance fees, and any other fees associated with the housing during the term of his/her contract. In the event that this agreement is terminated by either party, subject to Article 3 below, the Instructor must vacate the premises within seven (7) days of notice of termination. Any costs associated with Instructor’s failure to vacate the premises, including but not limited to rent payments, legal expenses, and attorney fees shall be paid by the Instructor.

1.8 The Instructor may be required to teach classes on weekend days (Saturday or Sunday) should the schedule designated by the Owner call for such classes to be taught by the Instructor. The Instructor is also required to attend periodic training sessions held by the Owner in order to improve the quality of his/her services to be provided hereunder. The hours spent in relation to these periodic training sessions shall not be construed as teaching hours and the Instructor shall not be compensated for preparing for, traveling to, or attending such training sessions.
So... not only do you HAVE to work weekends (AND SUNDAY?! WTF?!) they can have you work "workshops" without pay or compensation. I love this.
1.9 In the event that the Instructor is required to teach additional special classes during regular school vacation periods (Spring, Summer and/or Winter vacations), the same hourly rate as stipulated in Article 1.14 shall apply if and only if the Instructor’s teaching hours exceed One Hundred Twenty (120) teaching hours in that particular month’s work period.
So.. your not going to have vacation either and no compensation.
1.10 The Owner may, at its sole discretion, provide the Instructor with bonuses, stipends or other additional remuneration; provided, however, that such bonuses, stipends or other additional remuneration shall neither be expected nor required by either party.


1.11 The Owner shall reimburse the Instructor the airplane ticket (economy class) that the Instructor purchased to travel to Korea within the first paycheck, provided that the primary purpose behind the purchase of such ticket was to commence a contract with the Owner and a proper receipt for the ticket is furnished. The Owner shall also purchase the cost for a return airplane ticket within 15 days after the completion of one year provided that the instructor leave the country to return home or to go on a vacation before starting work at a new Owner. In the event that the instructor fails to complete the duration of the one-year contract, any and all portions of the reimbursed airplane ticket fee will be withheld from the Instructor’s last monthly wage payment. The maximum amount of the airfare for a one way ticket shall not exceed One Million (1,000,000) Korean won.
Remember too that you are NOT guaranteed a job when you arrive, so you could be in major trouble here. And 6 months is standard

1.12 The Owner shall pay Twenty Five Thousand (25,000) Korean Won for each hour taught by the Instructor in excess of the One Hundred Twenty (120) teaching hours per month as overtime pay.

1.13 The Owner may request the Instructor to substitute for another instructor in another class, provided that the teaching hours do not exceed One Hundred Twenty (120) hours per month. Hours in excess of One Hundred Twenty (120) hours will be construed as overtime as stated in 1.13.

1.14 The Instructor will be required to successfully complete orientation and training as stated in Article 1.1. The Owner may provide accommodation at a remote camp training session or at a nearby hotel in Seoul if training is to be conducted at the headquarters. It is the sole discretion of _______ which training session the instructor will attend.

1.15 The Instructor agrees and understands that he/she will be paid on a monthly basis with limited hours, duties, and responsibilities which do not qualify him/her as a full-time employee.
WHAT?! Sounds like they are trying to shaft you here
2. Covenants

2.1 The Instructor shall use his/her utmost efforts to deliver the highest quality of education in line with the Owner’s requirements and programs and observe all the required Student Management Procedures and the Owner Guidelines specified in Appendix A, attached hereto. The Instructor shall work in good faith to accommodate requests by the Owner’s administration staff. In addition to the foregoing, the Instructor shall:

a. comply with the proper check-in procedures and arrive at his/her classroom at least twenty (20) minutes prior to the beginning of classes each working day;
b. comply with the dress code of the Owner;
c. prior to completion of six (6) consecutive months of providing services hereunder without any failure to the punctuality obligation specified in (a) above or absence from work, refrain from requesting any of the following: 1) time off; 2) professional development leave or any other leave; or 3) excuse of performance of the obligations hereunder for any reason;
d. not request professional development leave more than once within any six (6) consecutive months; and
e. refrain from directly or indirectly causing any harm to the operations, management or corporate image of the Owner.

If the Owner determines that the Instructor has failed to observe and abide by any of the provisions (a) through (e) above, it may terminate this Agreement without prior notice to the Instructor reserving and not prejudicing all its rights to pursue any and all remedies at law or in equity, including but not limited to legal expenses and attorneys fees, to rectify or seek compensation for any breach or damages caused by the Instructor.
This is illegal. Unless you try to murder the owner, they have to give you thirty days and/or one month pay in advance

2.2 Probation. Any instructor who fails to comply with any of the guidelines set forth herein may be placed on probation for a period from thirty (30) days to one hundred and eighty (180) days depending on the nature and extent of the failure. The consequences of being placed on probation are as follows:

a. instructor may have a number of teaching hours or classes reduced, resulting in reduced pay;
b. instructor may be required to attend additional training sessions;
c. instructor may not request professional development leave during the period of probation;
d. lack of immediate and sustained improvement by the Instructor during the period of probation may lead to immediate termination of the Agreement;
e. possible termination of the Agreement at the end of the probation term in the event the Instructor receives below-average performance ratings during the period of probation and;
f. any further infractions of the Owner Guidelines outlined in Appendix A may lead to immediate termination of the Agreement.
TLDR Version: They can cut your pay and make you do extra mandatory work for no reason
2.3 Work Product. All original materials produced by the Instructor in performing his/her obligations hereunder during the Initial Term or any renewed or extended term of this Agreement shall become and remain the sole property of the Owner.
This means anything you produce is their property. So don't bother with kickass materials or lesson plans or ppt

2.4 Unauthorized Disclosure. The Instructor agrees and understands that due to the Instructor's relationship with the Owner, the Instructor has been and will be exposed to and receive information on or of the Owner, including but not limited to technical information, customer information, product information, intellectual property, computer systems, and other information concerning the Owner's products, development, business policies and practices, and other forms of information considered by the Owner to be confidential and/or in the nature of trade secrets. The Instructor agrees that during the Initial Term of any renewed or extended term of this Agreement and thereafter, the Instructor shall keep such information confidential and not disclose such information, either directly or indirectly, to any third person or entity without the prior written consent of the Owner (unless such information is otherwise in the public domain through no fault of the Instructor); provided, however, that nothing in this Article 2 shall prevent the Instructor with or without the Owner's consent, from disclosing documents or information in connection with any judicial or administrative investigation, inquiry or proceeding, if the Instructor is compelled to disclose such information do so by a judicial or administrative order, notifies the Owner as soon as practicable after the receipt of such order, and limits such disclosure to only such information as required to be disclosed by such order. This confidentiality covenant has no temporal, geographical or territorial restriction. Upon termination of this Agreement, the Instructor will promptly surrender possession to the Owner and refrain from using all property, keys, notes, pass codes, memoranda, writings, e-mail accounts, lists, files, reports, customer lists, correspondence, tapes, disks, cards, logs, machines, technical data or any other tangible products or documents in the actual or constructive possession of the Instructor.
This is inane. Yes, confidentially crap is standard but this goes WAY beyond that. WTF is technical data? Logs? Email accounts? This sounds like a grounds for some shady crap.
2.5 Non-solicitation and Non-disparagement. The Instructor agrees that the Instructor shall not during the Initial Term and any renewed or extended term of this Agreement and for a period of six (6) months thereafter (the "Restriction Period"), intentionally or knowingly, directly or indirectly, (i) interfere with the relationships of the Owner and any of its affiliates, or endeavor to entice away from the Owner and any of its affiliates, any individual, person, firm, corporation or other business entity who at any time during the Initial Term and any renewed or extended term of this Agreement is an employee or customer of the Owner and/or any of its affiliates or otherwise has a material business relationship with the Owner and/or any of its affiliates, or (ii) discourage, or attempt to discourage, any individual, person, firm, corporation or business entity from doing business with the Owner and/or any of its affiliates. The Instructor agrees that during the Initial Term and thereafter, he/she shall not intentionally or knowingly, directly or indirectly, make or publish any negative or disparaging statements, comments or remarks regarding the Owner and/or any of its affiliates, instructors, employees, directors, or officers.
2.6 Remedies. The Instructor acknowledges that any breach of the terms of in this Article 2 would result in irreparable injury and damage to the Owner for which there would be no adequate remedy at law. The Instructor therefore agrees that in the event of said breach or any threat of breach, the Owner shall be entitled to an immediate injunction and restraining order to prevent such breach and/or threatened breach and/or continued breach by the Instructor and/or any and all persons and/or entities acting for and/or with the Instructor, without having to prove damages, and to all costs and expenses, including reasonable attorneys' fees and costs, in addition to any other remedies to which the Owner may be entitled at law or in equity. The terms of this paragraph shall not prevent the Owner from pursuing any other available remedies for any breach or threatened breach hereof, including but not limited to the recovery of damages from the Instructor. The Instructor and the Owner further agree that the provisions of this Article 2 are reasonable and the Owner would not have entered into this Agreement but for their inclusion herein.
This gets better and BETTER. They pretty much can ruin your life completely with no just cause, but you have no legal protection. Noone in their right mind would sign such a one sided clause.
2.7 Original Diploma. The instructor will submit his/her original diploma to the ________ on the first day of scheduled training as an assurance of such degree being in his/her possession and available to submit to the Ministry of Education on the first day of teaching and will receive back the original diploma at the end of the scheduled training week only if the diploma has not already been submitted previously. Returning of his/her original diploma will not be conditional based on the passing or failing of the scheduled training but will be returned regardless of the instructor’s performance during the scheduled training week. If the instructor fails to submit the original diploma to be noted at the Ministry of Education on his/her first day of teaching the contract will be deemed null and void.
2.8 The provisions of this entire Article 2 shall survive any termination of this Agreement, and the existence of any claim or cause of action by the Instructor against the Owner, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by the Owner of the covenants and agreements of this Article 2.
This is a complete lie. They are going to keep it and hold it as ransom. You know how I know it? Because (a.) MOE can just get a copy of your apostilled degree copy from immigration and (b.) MOE doesn't return documents. Once they have it, it's theirs.

3. Termination

3.1 The Instructor may terminate this Agreement by providing Sixty-five (65) day advance notice in writing. In order to protect the continuity of education for the Owner’s students, both parties shall faithfully fulfill all of their duties under this Agreement until its actual termination.

3.2 Notwithstanding Article 3.1, the Owner reserves the right to terminate this Agreement without prior notice to the Instructor.
Illegal.
3.3 Notwithstanding Article 3.1, in the event that the Instructor refuses the teaching schedule as provided in Article 1.7 prior to the Commencement Date or anytime thereafter up to the End Date, the Owner may terminate this Agreement without any prior notice.
You don't know your schedule either? Wonderful
3.4 In the event this Agreement is terminated prior to the End Date and the Instructor wishes to apply to any ______, other than the one where he/she has provided services hereunder, he/she shall be required to produce a signed letter of release or recommendation from the Owner. In the absence of such document, the Instructor shall not be eligible to apply to nor be hired at any other ________ until the End Date, unless the Instructor has terminated this Agreement due to any material breach of this Agreement by the Owner.

4. Non-Waiver of Rights. The failure to enforce at any time the provisions of this Agreement or to require at any time performance by the other party of any of the provisions hereof shall in no way be construed to be a waiver of such provisions or to affect either the validity of this Agreement or any part hereof, or the right of either party to enforce each and every provision in accordance with its terms.

5. Entire Agreement. This Agreement sets forth the entire understanding of the parties hereto with respect to the subject matter hereof and supersedes all prior agreements and plans, written or oral between them as to such subject matter. No party has been induced to enter into this Agreement by, nor is any party relying on any representation or warranty outside those expressly set forth herein.

6. Severability. If any provision of this Agreement, or any application thereof to any circumstances, is deemed invalid, in whole or in part, by a court of law or other governmental authority, such provision or application shall to that extent be severable and shall not affect other provisions or applications of this Agreement.

7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Korea, without reference to the principles of conflict of laws. Any and all conflicts shall be resolved by a competent court in the Republic of Korea, unless the parties hereto agree in writing to arbitrate the relevant conflict.

8. Modifications and Waivers. No provision of this Agreement may be modified, altered or amended except by an instrument in writing executed by the parties hereto. No waiver by either party hereto of any breach by the other party hereto of any provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions at the time or at any prior or subsequent time.

9. Impracticability of Performance. In the event of calamity, including but not limited to riot, insurrection, war, or other emergency conditions, as well as significant changes in the law occurring in the Republic of Korea and caused by acts of nature or of man, which may hinder or alter the normal operations of the Owner, this Agreement shall be deemed null and void and all obligations arising herein shall be immediately terminated.
10. Headings. The headings contained herein are solely for the purposes of reference, are not part of this Agreement, and shall in no way affect the meaning or interpretation of this Agreement.
11. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument.
12. Confidentiality of Agreement. The remuneration and all terms of this Agreement are strictly confidential. In the case of violation of the foregoing by the Instructor, the Owner may immediately terminate this Agreement.
13. Instructor Representations. The Instructor represents and warrants to the Owner that the Instructor is not subject to any agreement, written or oral, any law, regulation or similar enactment, or any decree, order or similar action by any tribunal or government authority, which could, in any way, restrict the Instructor’s ability to negotiate, enter into this Agreement or fully perform any obligations hereunder.
IN WITNESS WHEREOF, the undersigned have executed this Agreement on the date set forth below.

_______
INSTRUCTOR
On its behalf:


_____________________________________ _______________________________________


Also.. where the hell is vacation stuff? Sickpay?


This is one of the worse contracts I've seen. I would never deal any sort of business with a company that writes such blatantly one-sided clauses. Print it out, take a dump on it and send pictures of you dumping on it to the recruiter. It's that bad
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Markrly



Joined: 10 Apr 2012

PostPosted: Mon Nov 11, 2013 12:43 am    Post subject: Reply with quote

Well the last contract I posted was total poop, I hope this one is better. I really appreciate all of your help when looking at and reviewing this contract. Thanks a lot



Employee’s Initials __________ Employer’s Initials __________
EMPLOYMENT AGREEMENT
This Agreement is made between ________, herein referred to as "Employee," and ___________, herein referred to as "Employer,” whose principle place of business is located at, _____________________________________________
Employer: Kim, ________________
Employee Name: ______________
Date of Birth:
Nationality:
Address:
Telephone #:
E-mail address:
Passport #:
Position: English Conversation Teacher (or Instructor)
Period of Employment: 12months
(Upon mutual agreement may be extended to 2 years)
From 1 March, 2014 to 28 February, 2015
I. In consideration of the mutual promises and agreement herein contained,_____________(hereafter referred to as the “Employer”) employs _______________(hereafter referred to as the “Employee”). The Employee agrees to work for the Employer under the following terms hereby agreed to by both parties.
Employee’s Initials __________ Employer’s Initials __________
2
II. The services to be performed, by the Employee will be that of a conversational English Language Teacher (or Instructor).
III. The Employee will commence his/her employment on 1 March, 2014. The employment will continue to 28 February, 2015 unless terminated sooner as provided herein, and for such further period as provided for herein, subject to the following conditions.
A. If as a result of wilful and wanton negligence, gross negligence or intoxication, the Employee damages facilities, materials or other property belonging to the Employer; or causes damage to the institute and/or the image of the Employer, the Employee will assume pecuniary liability in accordance with Korean Law. Furthermore, if the Employee violates any of the covenants of this agreement, the Employer has the right to terminate this agreement at the time of the violation without further compensation or responsibility to the Employee.
B. If the Employee seeks release from this contract, he/she must do so in writing at least ninety (90) days prior to the date of termination. Extenuating circumstances, which might require termination of employment without prior notice, will be handled on a case-by-case basis.
C. In the event of the death or total incapacity for business of either party hereto, or upon the Employer ceasing to carry on said business, or becoming bankrupt, this contract will terminate. In case of the sickness of the Employee or other reasons causing him/her from attending to his/her duties for 10 consecutive workdays (without valid proof), the Employer may terminate this agreement.
D. The Employer may terminate this agreement at any time because of the Employer's dissatisfaction over, violation of instructions or rules of the Institute, or failure of Employee to comply with any one of the conditions contained herein.
E. The Employer may terminate this agreement if the services rendered by Employee are not satisfactory to the Employer, and the Employer will be the sole judge of such satisfaction. Services considered include, though are not limited to, adequate class preparation, the effective presentation of class lessons and the ability to work professionally with other staff members and supervisors.
IV. The Employer agrees:
A. Compensation will be paid monthly by the Employer. Any errors in compensation must be reported by written notice within one week of receipt of compensation.
B. Employees will be paid 2,100,000 won per month for the following Teaching schedule.
 Kindergarten: classes are held on Mon. through Fri. between 10:00 am and 2:50 pm.
 Elementary I : classes are held on Monday through Friday between 3:00 pm and 4:30 pm.
 Elementary II : classes are held on Monday, Wednesday and Friday between 4:30 pm and 6:00 pm and on Tuesday and Thursday between 4:30 pm and 6:30 pm.
 Empty classes (preparation periods) during the set schedule, employee must spend time on class preparation, homework check or writing correction.
C. The duration of a class is 40, 50 minutes with kindergarten and elementary. There is a 10 or 15
Employee’s Initials __________ Employer’s Initials __________
3
minute break between each class. Lunch break runs from 12:20 to 13:20 pm. Teachers are not paid for this time.
D. The employee will have to pay his or her Income Tax, and half of their medical insurance and pension.
E. The Employer will assign classes based on teacher performance, professionalism and attendance record. The assignment of classes and substitute teaching assignments is the sole prerogative of the Employer and is necessary to the effective operation of the institute. Acceptance of these assignments by the Employee is mandatory.
F. Overtime rate is 18,000won an hour however, will be subject to Korean taxes. (approximately 3.5%)
G. The Employer agrees to provide the Employee with return air transportation upon the successful completion of this contract.
H. Upon the successful completion of a one-year contract, the Employee will receive severance pay. Severance pay will be equal to an average of the last three months’ salary. (However, 6% of Korean taxes will be deducted)
I. After 30 to 45 days in Korea, the Employer agrees to provide the Employee with medical insurance. This delay is caused by the processing time involved in obtaining Korean medical insurance. The Employee will be responsible for the cost of his or her own medical treatment until insurance is issued. After the time of issue, the Employee may then file a claim for any of the medical expenses acquired since their arrival and will be reimbursed for the amount that the insurance would have covered. The Employer is required to subscribe to the Medical Insurance/Pension plan. Medical Insurance/Pension is split 50/50 by the employee and employer. Dental and eye care coverage is not included. Furthermore, life insurance coverage is not included. Taxes will be deducted from the employee’s income in accordance to Korea law. Monthly pay is taxed, and the taxes will be deducted as income tax and residence tax on a Monthly basis.
J. The Employer agrees to provide three sick-leave days to Employees each year. On the first three days on which an Employee misses work he or she will be paid in full for that day, with the following conditions. The Employee must notify his or her supervisor either the night before the absence, or as early as possible on the morning of the absence. The Employee must also present a doctor's note to his or her supervisor on the day on which he or she returns to work. Unused sick days may not be used as vacation days. Should the Employee be absent for ten consecutive days without a valid reason, his or her contract may be terminated.
K. Employees, on occasion, request an emergency leave in order to attend to urgent matters in their home country. Since there are no substitute teachers available, the extended absence of Employees creates a serious problem for this institute. Additionally, when requests for leaves coincide with holidays observed by the Employer, such as Christmas, the potential for abuse, in order to extend existing vacation days, compounds the seriousness of the situation. Therefore, any Employee requesting a leave of absence during his or her contract will be subject to a 30 percent deduction from his/her severance pay. Should a leave request coincide with a holiday on which ____________ does not hold classes, the percentage of this deduction will be raised to 50 percent.
Employee’s Initials __________ Employer’s Initials __________
4
L. The Employer will provide housing for all Employees. (See attached housing contract) The Employee is required to live in the company’s apartment. Employees living in housing provided by the Employer will be required to leave a 400,000 won deposit with the Employer to cover any damage to the apartment or unpaid bills left by the Employee when the apartment is vacated. The housing contract must be signed before arrival in Korea.
M. Whenever possible, Employees be provided with an orientation period. This is generally the Employee’s first working day, on which the Employee meets with experienced Employees, observes classes and becomes familiar with ____________ teaching techniques and activities. On this day, or for the period designated by the Employer as the training period, during which time the Employee will not be asked to conduct classes, the Employee will be paid a training wage. This wage will be 7,000 won per hour.
N. Vacation:
 Summer Vacation : Last week of July (including weekend)
 Winter Vacation : Dec. 25th ~ Jan. 1st
V. The Employee agrees:
A. To teach any group assigned by the Employer and to participate in special activities (such as field trips and picnics) as required by the Employer.
B. To prepare for his/her classes on his/her own time, such time including the preparation periods set out by the employer each week. Class preparation should include researching and producing teaching materials, on time submission of lesson plans, progress reports. Failure to submit these items on 3 occasions will be subject to a 30 percent deduction from the Employee's severance pay. Three late submissions of any of these items will count as 1 non-submission.
C. To, at all times, follow the rules and regulations set by the Employer and the Institute director. To follow class schedules and activity schedules, to not dismiss classes, cancel classes or begin classes late without the express consent of senior management. To submit all progress reports, tracking reports, lesson plans, or other requested work on time. Employees, who routinely fail to observe the rules of the institute will be verbally notified by the supervisor, continued non-compliance will result in a warning letter. Three warning letters in the period of one year will result in suspension without pay, a reduction of teaching hours or termination.
D. To have the accompanying statement of general physical health completed by a physician certifying that the Employee is free of contagious diseases and may safely participate in activities such as leading outdoor games and exercises.
E. To use the teaching materials supplied and recommended by the Employer. The Employee is encouraged to supplement these materials with other materials, but must obtain prior approval from the Employer. All books, tools, craft supplies or other materials issued by the Employer remain the property of the Employer and any must be returned to _________ when no longer required to conduct class.
Employee’s Initials __________ Employer’s Initials __________
5
F. To perform his/her duties in a professional manner and refrain from conduct which could damage the reputation of the Institute, including, but not limited to: conducting class while smoking or under the influence of alcohol or illegal drugs: making sexual advances towards or entering into sexual relationship with students or employees of the Institute; conducting any business or accepting any funds without the express written consent of the Institute; and borrowing or lending of funds or selling items to students.
G. To reimburse the full cost of plane ticket to the Employer, if the Employee terminates his/her contract within 6 months of commencing date of his/her contract.
H. To reimburse half of the cost of plane ticket to the Employer, if the Employee terminates his/her contract after 6 months but within 12 months of commencing date of his/her contract.
I. Private teaching outside of _______________ is prohibited without the written approval from the Employer. If the Employee desires additional employment, such interest must be expressed in writing to Employer. Upon receipt of such request, the Employer may, at its sole discretion, allow additional employment. Any and all exceptions to this provision must be made by written consent of the Employer.
J. Extremely short or revealing attire is prohibited. Employees are required to dress formally for special events such as Graduation or Entrance Ceremonies. Male Employees will wear a dress shirt, tie and slacks. Female Employees will wear a dress, a skirt or slacks and an appropriate top.
K. If the Employee wishes to drive in Korea, an international driver's license is required. The Employee will take full responsibility for any cost of acquiring a vehicle, the maintenance of such vehicle, any insurance/fees of such vehicle, and will hold the Employer free from any harm and/or responsibility of and from such vehicle.
L. The Employee accepts liability for any damages that arise from the conduct of Employee.
M. The Employee will not at any time or in any manner, either directly of indirectly, divulge or disclose to any person, firm or corporation in any manner whatsoever any information concerning any matters affecting or relating to the business of the Employer, including without limiting the generality of the foregoing, any of its customers, the prices it obtains or has obtained from the sale of, or at which it sells or has sold, its products or services, or any other information concerning the business of the Employer, its manner of operation, its plans, processes, or other data without regard to whether all of the foregoing matters will be deemed confidential, material, or important, the parties hereto stipulating that as between them, the same are important, material, and confidential and gravely affect the effective and successful conduct of the business of the Employer, and the Employer's good will and that any breach of the terms of this paragraph will be a material breach of this Agreement.
VI. It is further agreed between the parties that:
A. The services to be rendered by the Institute are of a unique and original character entitling the Institute to acknowledgement of this contract by injunction or other relief in a court of equity.
Employee’s Initials __________ Employer’s Initials __________
6
B. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained will be valid unless in writing and duly executed by the party to be charged therewith and no evidence of any proceeding, arbitration, or litigation between the parties hereto arising out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed as aforesaid, and the parties further agree that the provisions of this Section may not be waived except as herein set forth.
C. Both parties have read the above conditions and agree to the terms contained herein in good faith.
The Employee
Signed on ________________ 2013 .
Signature
Teacher (or Instructor) of ______________
The Employer
Signed on 2013 .
Signature
Director of __________
Employee’s Initials __________ Employer’s Initials __________
7
HOUSING CONTRACT
This agreement between_______ and __ ______ ____is concerned with housing for teachers employed by _________. Teachers will be required to leave a 400,000 won deposit with ___________ to cover any damage to the apartment, cleaning bills or unpaid utility bills left by the teacher when the apartment is vacated. The teacher will be required to pay the full amount of this deposit within the first 2 months of employment.
The apartment will be single for one Employee and bigger one for a couple. The apartment must be kept clean and the appliances maintained in good working order. Employees should report malfunctioning appliances or apartment damage to their supervisor as soon as possible. The apartment will be furnished with following: bed, cooking stove, refrigerator, hot & cold running water for bathing, a western style toilet, television, and washing machine. (Meals, utilities, telephone and incidental expenses are the sole responsibility of the Employee) The Employee will be responsible for costs resulting from willful damage or neglect of said furniture and appliances as provided by Employer.
If, for any reason, the Employee ceases to be employed by ___________, the Employee will be given 24 hours in which to vacate the apartment. The Employee must set up an appointment with the manager of teachers to inspect the apartment prior to moving out, in order to establish the condition of the apartment. The information from this inspection will be used when calculating the amount of the housing deposit to be returned to the teacher. If the apartment requires cleaning or repair, these costs will be deducted from the teacher's deposit.
The procedure for returning the deposit to the teacher at the end of his or her housing contract will be as follows:
If there is no damage to the apartment or its appliances, (as determined by the exit inspection) this amount will be held for payment of bills, the balance of the deposit will be returned to the teacher with his or her final paycheque. After all of the bills for the apartment have been received any remaining money will be returned to the Employee in two days after the termination of the contract.
Barring changes in the employment status of the teacher, this contract confirms that housing will be provided from 1 March, 2014 to 28 February, 2015
Signature (Employee) Caitlin Adams Date ____________2013
Signature (Employer) Date 2013
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TheUrbanMyth



Joined: 28 Jan 2003
Location: It's not a superiority complex when you really are superior

PostPosted: Mon Nov 11, 2013 3:33 pm    Post subject: Reply with quote

Markrly wrote:
Well the last contract I posted was total poop, I hope this one is better. I really appreciate all of your help when looking at and reviewing this contract. Thanks a lot



Employee’s Initials __________ Employer’s Initials __________
EMPLOYMENT AGREEMENT
This Agreement is made between ________, herein referred to as "Employee," and ___________, herein referred to as "Employer,” whose principle place of business is located at, _____________________________________________
Employer: Kim, ________________
Employee Name: ______________
Date of Birth:
Nationality:
Address:
Telephone #:
E-mail address:
Passport #:
Position: English Conversation Teacher (or Instructor)
Period of Employment: 12months
(Upon mutual agreement may be extended to 2 years)
From 1 March, 2014 to 28 February, 2015
I. In consideration of the mutual promises and agreement herein contained,_____________(hereafter referred to as the “Employer”) employs _______________(hereafter referred to as the “Employee”). The Employee agrees to work for the Employer under the following terms hereby agreed to by both parties.
Employee’s Initials __________ Employer’s Initials __________
2
II. The services to be performed, by the Employee will be that of a conversational English Language Teacher (or Instructor).
III. The Employee will commence his/her employment on 1 March, 2014. The employment will continue to 28 February, 2015 unless terminated sooner as provided herein, and for such further period as provided for herein, subject to the following conditions.
A. If as a result of wilful and wanton negligence, gross negligence or intoxication, the Employee damages facilities, materials or other property belonging to the Employer; or causes damage to the institute and/or the image of the Employer, the Employee will assume pecuniary liability in accordance with Korean Law. Furthermore, if the Employee violates any of the covenants of this agreement, the Employer has the right to terminate this agreement at the time of the violation without further compensation or responsibility to the Employee.
B. If the Employee seeks release from this contract, he/she must do so in writing at least ninety (90) days prior to the date of termination. Extenuating circumstances, which might require termination of employment without prior notice, will be handled on a case-by-case basis.
C. In the event of the death or total incapacity for business of either party hereto, or upon the Employer ceasing to carry on said business, or becoming bankrupt, this contract will terminate. In case of the sickness of the Employee or other reasons causing him/her from attending to his/her duties for 10 consecutive workdays (without valid proof), the Employer may terminate this agreement.
D. The Employer may terminate this agreement at any time because of the Employer's dissatisfaction over, violation of instructions or rules of the Institute, or failure of Employee to comply with any one of the conditions contained herein.
E. The Employer may terminate this agreement if the services rendered by Employee are not satisfactory to the Employer, and the Employer will be the sole judge of such satisfaction. Services considered include, though are not limited to, adequate class preparation, the effective presentation of class lessons and the ability to work professionally with other staff members and supervisors.

So basically they can fire you at anytime? No, (at least after six months) this is a violation of labor law UNLESS they give you 30 days notice OR pay in lieu thereof.

IV. The Employer agrees:
A. Compensation will be paid monthly by the Employer. Any errors in compensation must be reported by written notice within one week of receipt of compensation.
B. Employees will be paid 2,100,000 won per month for the following Teaching schedule.
 Kindergarten: classes are held on Mon. through Fri. between 10:00 am and 2:50 pm.
 Elementary I : classes are held on Monday through Friday between 3:00 pm and 4:30 pm.
 Elementary II : classes are held on Monday, Wednesday and Friday between 4:30 pm and 6:00 pm and on Tuesday and Thursday between 4:30 pm and 6:30 pm.
 Empty classes (preparation periods) during the set schedule, employee must spend time on class preparation, homework check or writing correction.
C. The duration of a class is 40, 50 minutes with kindergarten and elementary. There is a 10 or 15
Employee’s Initials __________ Employer’s Initials __________
3
minute break between each class. Lunch break runs from 12:20 to 13:20 pm. Teachers are not paid for this time.
D. The employee will have to pay his or her Income Tax, and half of their medical insurance and pension.
E. The Employer will assign classes based on teacher performance, professionalism and attendance record. The assignment of classes and substitute teaching assignments is the sole prerogative of the Employer and is necessary to the effective operation of the institute. Acceptance of these assignments by the Employee is mandatory.

Said "teaching assignments" could possibly include overtime. OT is not mandatory under labor law. Nothing to worry about unless it actually does though.

F. Overtime rate is 18,000won an hour however, will be subject to Korean taxes. (approximately 3.5%)

Tax is too high...it should be (approximately) half that.

G. The Employer agrees to provide the Employee with return air transportation upon the successful completion of this contract.
H. Upon the successful completion of a one-year contract, the Employee will receive severance pay. Severance pay will be equal to an average of the last three months’ salary. (However, 6% of Korean taxes will be deducted)

No. That is way too much...more than double. Unless he is paying your last month's salary along with it and any deposits

I. After 30 to 45 days in Korea, the Employer agrees to provide the Employee with medical insurance. This delay is caused by the processing time involved in obtaining Korean medical insurance. The Employee will be responsible for the cost of his or her own medical treatment until insurance is issued. After the time of issue, the Employee may then file a claim for any of the medical expenses acquired since their arrival and will be reimbursed for the amount that the insurance would have covered. The Employer is required to subscribe to the Medical Insurance/Pension plan. Medical Insurance/Pension is split 50/50 by the employee and employer. Dental and eye care coverage is not included. Furthermore, life insurance coverage is not included. Taxes will be deducted from the employee’s income in accordance to Korea law. Monthly pay is taxed, and the taxes will be deducted as income tax and residence tax on a Monthly basis.
J. The Employer agrees to provide three sick-leave days to Employees each year. On the first three days on which an Employee misses work he or she will be paid in full for that day, with the following conditions. The Employee must notify his or her supervisor either the night before the absence, or as early as possible on the morning of the absence. The Employee must also present a doctor's note to his or her supervisor on the day on which he or she returns to work. Unused sick days may not be used as vacation days. Should the Employee be absent for ten consecutive days without a valid reason, his or her contract may be terminated.
K. Employees, on occasion, request an emergency leave in order to attend to urgent matters in their home country. Since there are no substitute teachers available, the extended absence of Employees creates a serious problem for this institute. Additionally, when requests for leaves coincide with holidays observed by the Employer, such as Christmas, the potential for abuse, in order to extend existing vacation days, compounds the seriousness of the situation. Therefore, any Employee requesting a leave of absence during his or her contract will be subject to a 30 percent deduction from his/her severance pay. Should a leave request coincide with a holiday on which ____________ does not hold classes, the percentage of this deduction will be raised to 50 percent.

This makes no sense. If this is a holiday it's no skin off their nose. And in addition this is a violation of labor law.


Employee’s Initials __________ Employer’s Initials __________
4
L. The Employer will provide housing for all Employees. (See attached housing contract) The Employee is required to live in the company’s apartment. Employees living in housing provided by the Employer will be required to leave a 400,000 won deposit with the Employer to cover any damage to the apartment or unpaid bills left by the Employee when the apartment is vacated. The housing contract must be signed before arrival in Korea.
M. Whenever possible, Employees be provided with an orientation period. This is generally the Employee’s first working day, on which the Employee meets with experienced Employees, observes classes and becomes familiar with ____________ teaching techniques and activities. On this day, or for the period designated by the Employer as the training period, during which time the Employee will not be asked to conduct classes, the Employee will be paid a training wage. This wage will be 7,000 won per hour.
N. Vacation:
 Summer Vacation : Last week of July (including weekend)
 Winter Vacation : Dec. 25th ~ Jan. 1st
V. The Employee agrees:
A. To teach any group assigned by the Employer and to participate in special activities (such as field trips and picnics) as required by the Employer.
B. To prepare for his/her classes on his/her own time, such time including the preparation periods set out by the employer each week. Class preparation should include researching and producing teaching materials, on time submission of lesson plans, progress reports. Failure to submit these items on 3 occasions will be subject to a 30 percent deduction from the Employee's severance pay. Three late submissions of any of these items will count as 1 non-submission.

So a lot of paperwork in addition to your teaching duties and prep.

C. To, at all times, follow the rules and regulations set by the Employer and the Institute director. To follow class schedules and activity schedules, to not dismiss classes, cancel classes or begin classes late without the express consent of senior management. To submit all progress reports, tracking reports, lesson plans, or other requested work on time. Employees, who routinely fail to observe the rules of the institute will be verbally notified by the supervisor, continued non-compliance will result in a warning letter. Three warning letters in the period of one year will result in suspension without pay, a reduction of teaching hours or termination.
D. To have the accompanying statement of general physical health completed by a physician certifying that the Employee is free of contagious diseases and may safely participate in activities such as leading outdoor games and exercises.
E. To use the teaching materials supplied and recommended by the Employer. The Employee is encouraged to supplement these materials with other materials, but must obtain prior approval from the Employer. All books, tools, craft supplies or other materials issued by the Employer remain the property of the Employer and any must be returned to _________ when no longer required to conduct class.
Employee’s Initials __________ Employer’s Initials __________
5
F. To perform his/her duties in a professional manner and refrain from conduct which could damage the reputation of the Institute, including, but not limited to: conducting class while smoking or under the influence of alcohol or illegal drugs: making sexual advances towards or entering into sexual relationship with students or employees of the Institute; conducting any business or accepting any funds without the express written consent of the Institute; and borrowing or lending of funds or selling items to students.
G. To reimburse the full cost of plane ticket to the Employer, if the Employee terminates his/her contract within 6 months of commencing date of his/her contract.
H. To reimburse half of the cost of plane ticket to the Employer, if the Employee terminates his/her contract after 6 months but within 12 months of commencing date of his/her contract.

Clause H is only fair if said ticket is round-trip...if one way you should have earned it after six months.

I. Private teaching outside of _______________ is prohibited without the written approval from the Employer. If the Employee desires additional employment, such interest must be expressed in writing to Employer. Upon receipt of such request, the Employer may, at its sole discretion, allow additional employment. Any and all exceptions to this provision must be made by written consent of the Employer.

AND Immigration...they have the final say as they are the ones who issue the visa...no matter what your Employer may say.

J. Extremely short or revealing attire is prohibited. Employees are required to dress formally for special events such as Graduation or Entrance Ceremonies. Male Employees will wear a dress shirt, tie and slacks. Female Employees will wear a dress, a skirt or slacks and an appropriate top.
K. If the Employee wishes to drive in Korea, an international driver's license is required. The Employee will take full responsibility for any cost of acquiring a vehicle, the maintenance of such vehicle, any insurance/fees of such vehicle, and will hold the Employer free from any harm and/or responsibility of and from such vehicle.
L. The Employee accepts liability for any damages that arise from the conduct of Employee.
M. The Employee will not at any time or in any manner, either directly of indirectly, divulge or disclose to any person, firm or corporation in any manner whatsoever any information concerning any matters affecting or relating to the business of the Employer, including without limiting the generality of the foregoing, any of its customers, the prices it obtains or has obtained from the sale of, or at which it sells or has sold, its products or services, or any other information concerning the business of the Employer, its manner of operation, its plans, processes, or other data without regard to whether all of the foregoing matters will be deemed confidential, material, or important, the parties hereto stipulating that as between them, the same are important, material, and confidential and gravely affect the effective and successful conduct of the business of the Employer, and the Employer's good will and that any breach of the terms of this paragraph will be a material breach of this Agreement.

Fairly sure that Clause M includes posting the contract online...which is why you should remove your name from the bottom of this contract. I did it for you in my reply but if I were you I'd edit the original.


VI. It is further agreed between the parties that:
A. The services to be rendered by the Institute are of a unique and original character entitling the Institute to acknowledgement of this contract by injunction or other relief in a court of equity.
Employee’s Initials __________ Employer’s Initials __________
6
B. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained will be valid unless in writing and duly executed by the party to be charged therewith and no evidence of any proceeding, arbitration, or litigation between the parties hereto arising out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed as aforesaid, and the parties further agree that the provisions of this Section may not be waived except as herein set forth.
C. Both parties have read the above conditions and agree to the terms contained herein in good faith.
The Employee
Signed on ________________ 2013 .
Signature
Teacher (or Instructor) of ______________
The Employer
Signed on 2013 .
Signature
Director of __________
Employee’s Initials __________ Employer’s Initials __________
7
HOUSING CONTRACT
This agreement between_______ and __ ______ ____is concerned with housing for teachers employed by _________. Teachers will be required to leave a 400,000 won deposit with ___________ to cover any damage to the apartment, cleaning bills or unpaid utility bills left by the teacher when the apartment is vacated. The teacher will be required to pay the full amount of this deposit within the first 2 months of employment.
The apartment will be single for one Employee and bigger one for a couple. The apartment must be kept clean and the appliances maintained in good working order. Employees should report malfunctioning appliances or apartment damage to their supervisor as soon as possible. The apartment will be furnished with following: bed, cooking stove, refrigerator, hot & cold running water for bathing, a western style toilet, television, and washing machine. (Meals, utilities, telephone and incidental expenses are the sole responsibility of the Employee) The Employee will be responsible for costs resulting from willful damage or neglect of said furniture and appliances as provided by Employer.

No A/C...not even a fan? Not a problem in the winter but could very well be one come summer.

If, for any reason, the Employee ceases to be employed by ___________, the Employee will be given 24 hours in which to vacate the apartment. The Employee must set up an appointment with the manager of teachers to inspect the apartment prior to moving out, in order to establish the condition of the apartment. The information from this inspection will be used when calculating the amount of the housing deposit to be returned to the teacher. If the apartment requires cleaning or repair, these costs will be deducted from the teacher's deposit.
The procedure for returning the deposit to the teacher at the end of his or her housing contract will be as follows:
If there is no damage to the apartment or its appliances, (as determined by the exit inspection) this amount will be held for payment of bills, the balance of the deposit will be returned to the teacher with his or her final paycheque. After all of the bills for the apartment have been received any remaining money will be returned to the Employee in two days after the termination of the contract.
Barring changes in the employment status of the teacher, this contract confirms that housing will be provided from 1 March, 2014 to 28 February, 2015
Signature (Employee) Date ____________2013
Signature (Employer) Date 2013



Taxes are ridiculous and several blatant or implied violations of labor law.

Work here at your own risk...I wouldn't.
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ibeattheborg



Joined: 17 Dec 2010
Location: the deep blue sea

PostPosted: Tue Nov 12, 2013 6:53 am    Post subject: Reply with quote

TheUrbanMyth wrote:

Taxes are ridiculous and several blatant or implied violations of labor law.

Work here at your own risk...I wouldn't.


Also, a quick calculation allows for 8 or 9 classes of 40/50 minutes everyday. That schedule would drain you.
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denverp



Joined: 13 Nov 2013
Location: Canada

PostPosted: Wed Nov 13, 2013 6:28 pm    Post subject: Thoughts on this contract? Reply with quote

Hello! My girlfriend and I have essentially decided to work at this school since everything we've seen has seemed on the level. We've sent the contact back and forth a couple times, but I was hoping to have someone on here look it over. Thanks so much, and I look forward to contributing to the forum!

EMPLOYMENT AGREEMENT

This employment agreement has been made this _7th_day of _November_ , 2013 between XXXXXX School (hereinafter called “SCHOOL”): a corporation organized and existing under the laws of the Republic of Korea and having its principal office at: XXXXXX Seoul, Korea, and XXXXXXX (hereinafter called the “INSTRUCTOR”).

I. EMPLOYMENT OF INSTRUCTOR

1. SCHOOL hereby employs the INSTRUCTOR to teach English in the form and manner and under the terms and conditions set forth in this agreement and as to the prescribed methodologies and textbooks as specified for each class.
II. PLACE OF EMPLOYMENT
1. INSTRUCTOR will be employed as an English INSTRUCTOR at XXXXXX, Seoul, Korea (Hereinafter referred to as “place of employment”)

III. TERM OF EMPLOYMENT

1. A 12months contract is offered by the SCHOOL, beginning March 2, 2014 and concluding March 1, 2015. Prior to March 02, 2014, XXXXXX School will have a training period the week of Feb 27 – 28, 2014 the INSTRUCTOR is required to attend. The SCHOOL will provide accommodation, one meal/day and 50,000 won/day payment during this training period. The period of employment is renewable by mutual agreement of the SCHOOL and INSTRUCTOR. In the event the relevant parties fail to agree upon an extension, the INSTRUCTOR’s employment shall automatically terminate as of the date of termination set forth hereinabove.


IV. DUITES OF INSTRUCTOR

1. During the term of this agreement, the INSTRUCTOR will accept, obey and strictly comply with the instructions, supervision, and discipline of the SCHOOL. These duties shall include regular classroom instruction in all phases of the SCHOOL’s program, administrative duties related to the INSTRUCTOR’s classroom duties, attendance at scheduled staff meetings and workshops, SCHOOL sponsored outings and any other duties as assigned by the SCHOOL.

2. During the term of this agreement, the INSTRUCTOR will be required to work for forty (40) hours per week from 9:15am to 6:30pm and to teach a maximum of thirty (30) teaching hours per week between 9:15am to 6:30pm. The INSTRUCTOR is expected to arrive at school at least 15 minutes before class begins.

3. In addition to the aforesaid thirty teaching hours each week, the SCHOOL may require the INSTRUCTOR to perform additional teaching duties in excess of these 30 teaching hours per week; such duties assigned to the INSTRUCTOR may require him/her to teach before 9:15 am and after 6:30 pm (hereinafter referred to as "overtime"). Only classroom contact hours in excess of 30 hours per week and approved by the SCHOOL are considered overtime, and compensation for said overtime will be paid at a rate of 22,000 WON per hour. Attendance at scheduled staff meetings and workshops is not considered overtime, nor is oral testing during the first and last weeks of every session. The INSTRUCTOR will not receive any compensation for attendance at meetings, workshops or oral testing. As required by Article 21 Subsection 3 of the law governing “Academy Foundation, Management and Extracurricular Work,” Native Instructors are asked to attend the annual seminar at the Foreign Teacher’s workshop: a one-time Saturday Workshop conducted by KAFLA for the benefit of Instructors.

4. The INSTRUCTOR understands and agrees that at all times during the term of this agreement the INSTRUCTOR will strictly adhere to and obey all laws, regulations, provisions, instructions and guidance from the Government of Korea or any local government or officials thereof.

5. The INSTRUCTOR shall not partake in any activities that may damage the reputation of the SCHOOL, including, but not limited to, making sexual advances towards, or entering into relationships with students or Instructors of the SCHOOL. Violation of this provision will be considered grounds for immediate dismissal.

6. The INSTRUCTOR agrees to abide to a dress code policy: collared shirt, tie and slacks for men; clothing of reasonably conservative nature for women that does not reveal abdominal or cleavage areas, no excessively short skirts, no jeans for men or women on normal teaching days. It is required that teachers will present themselves to students and parents in neat professional-appearing fashion consistent with reasonable expectations.

7. The INSTRUCTOR agrees to participate in 12 hours of community volunteer work through the course of the school year for the enhancement of the SCHOOL’s community reputation.(ex: participation in 1 charity walkathon equals 4 hours of volunteer work. KAFLA has 2 annual walkathons, etc.)


Ⅳ. COMPENSATION AND OTHER MONETARY AGREEMENTS

1. SALARY
The SCHOOL agrees to pay the INSTRUCTOR as compensation for all services rendered the total aggregate monthly salary of 2,300,000 WON for each calendar month of the contract period with SCHOOL. Payment for part of a month of employment (at commencement and termination) will be calculated on the number of days worked. Payment of the aforesaid salary will be made in won on the 10th of every month, commencing with the first month subsequent to the beginning date, and ending with the first month subsequent to the termination date. In accordance with Korean Labor Law, Korean income taxes of approximately 3.5% (as determined by a scale established by Korean law) will be withheld. The national health insurance program and the National Pension Plan premiums shall be divided evenly between the parties; with 50% paid by the INSTRUCTOR and 50% by the SCHOOL; the INSTRUCTOR’s contribution will be deducted from the gross monthly salary. All salary payments will be accompanied by an itemized list of salary deductions. The INSTRUCTOR will also receive severance equal to one month’s salary upon successful completion of this EMPLOYMENT AGREEMENT.

2. ABSENTEEISM / SICK DAYS The Korean education system has no facility for substitute teachers. In the event a day of teaching is missed due to illness or other unauthorized absenteeism, a deduction of 180,000 WON/day (or the rate of 30,000 WON / hour) will be made from the INSTRUCTOR’S monthly salary.
* On a trimester basis (every 4 months), if there is no absenteeism and no lateness (counted as arrival at school by 9:00am by the INSTRUCTOR), the SCHOOL will pay a 150,000 won bonus to the INSTRUCTOR.

3. PAID VACATION DAYS
The INSTRUCTOR will receive 2 calendar weeks (1week for summer vacation, 1week for winter vacation: if there is a holiday in a vacation week, the school will not give additional paid holiday) paid vacation during the contract year. Vacations will be scheduled by the SCHOOL in accordance with the SCHOOL’s teaching schedule. In the event that it is necessary, the INSTRUCTOR agrees to prepare lesson plans to be used by a substitute INSTRUCTOR. In addition, the INSTRUCTOR will receive all Korean National holidays as days off with no deduction from the INSTRUCTOR’s salary.

4. SCHOOL-SUPPLIED HOUSING ( )Single ( V )Shared ( )Not provided
: 2 bed rooms
The SCHOOL will select and provide furnished living accommodations for the INSTRUCTOR. The accommodations may be in a studio, an apartment, a house, or an office-tel. The SCHOOL will make selection of all living accommodations. The cost of monthly services, utilities, and telephone charges are the sole responsibility of the INSTRUCTOR and/or all residents. The SCHOOL agrees to make utmost reasonable attempt to satisfy the INSTRUCTOR’s housing requirements, but the INSTRUCTOR hereby convenes that temporary arrangements may need to be made due to unavoidable circumstances, and otherwise private accommodations may need to be temporarily shared.

5. AIRFARE
The SCHOOL agrees to provide one-way economy airfare for the INSTRUCTOR to Seoul from the international airport nearest to the INSTRUCTOR’S home at the beginning of the contract. In the event the INSTRUCTOR voluntarily resigns or is dismissed from the SCHOOL before completion of this agreement, the INSTRUCTOR agrees to reimburse the SCHOOL for the total cost of the airfare to Korea.


V. DISMISSAL OR VOLUNTARY RESIGNATION

1. The SCHOOL maintains the right to dismiss the INSTRUCTOR for clear and frequent neglect of duties under this agreement, including but not limited to unauthorized absences from the place of employment without the approval of the SCHOOL, or for manifest inability to perform the duties under this agreement. Criminal or other conduct inside or outside the place of employment that would, in the opinion of the SCHOOL, seriously endanger any student, staff person, or the reputation of the SCHOOL, will be cause for immediate dismissal and no time for remedy will be allotted. If the INSTRUCTOR wishes to terminate this EMPLOYMENT AGREEMENT, the INSTRUCTOR must provide the SCHOOL with two (2) months prior written notice. If the INSTRUCTOR provides the SCHOOL with the said two (2) months’ notice, the SCHOOL agrees to provide the instructor with a LETTER OF RELEASE. In the event the INSTRUCTOR voluntarily resigns or is dismissed from the SCHOOL before completion of this agreement, the INSTRUCTOR agrees to reimburse the SCHOOL for the total cost of the INSTRUCTOR’s recruiter’s fees, if any.

VI. COVENANTS

1. The INSTRUCTOR hereby agrees that he/she will not undertake any teaching duties or employment with any persons or organizations other than the SCHOOL without prior written consent from the SCHOOL of the specific employment contemplated by the INSTRUCTOR. Failure to comply shall be grounds for immediate dismissal.

VII. MERGER CLAUSE
1. This agreement constitutes the entire understanding between the parties and supersedes all previous negotiations, commitments, and writings that the parties may have contemplated prior to entering into this EMPLOYMENT AGREEMENT. No modification of this agreement will be binding or have any legal effect unless set forth in writing amending this agreement and signed by both the INSTRUCTOR AND SCHOOL. Furthermore, this contract nullifies and voids any previous contract between the two parties.

VIII. INDEMNIFICATION CLAUSE

1. The INSTRUCTOR will indemnify and hold harmless the SCHOOL from any damages that the INSTRUCTOR may sustain, in any manner, through the misconduct or negligence of the INSTRUCTOR..

2. The INSTRUCTOR will indemnify and hold harmless the SCHOOL and the SCHOOL's representatives from any damages that the INSTRUCTOR may sustain, in any manner, through the refusal of the government of Korea to permit entry to the republic.

IX. WAIVER

1. The failure of either party hereto at any time to enforce the terms, provisions, or conditions of this agreement will not be construed as a waiver of the same or of the right of any party to enforce the same.

X. GOVERNING LANGUAGE

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

XI. GOVERNING LAW AND JURISDICTION

1. This agreement will be interpreted according to the internal (domestic) laws of the Republic of Korea. A court of competent jurisdiction shall decide any dispute or claim arising out of this agreement in the Republic of Korea. The INSTRUCTOR by signing this mutual agreement understands and accepts his/her responsibilities toward the SCHOOL. The SCHOOL and the INSTRUCTOR have executed this agreement on the date indicated below, intending to be legally bound hereto, and IN WITNESS WHEREOF, the SCHOOL and the INSTRUCTOR have appended their signatures.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Thu Nov 14, 2013 6:43 am    Post subject: Re: Thoughts on this contract? Reply with quote

denverp wrote:
Hello! My girlfriend and I have essentially decided to work at this school since everything we've seen has seemed on the level. We've sent the contact back and forth a couple times, but I was hoping to have someone on here look it over. Thanks so much, and I look forward to contributing to the forum!

EMPLOYMENT AGREEMENT

This employment agreement has been made this _7th_day of _November_ , 2013 between XXXXXX School (hereinafter called “SCHOOL”): a corporation organized and existing under the laws of the Republic of Korea and having its principal office at: XXXXXX Seoul, Korea, and XXXXXXX (hereinafter called the “INSTRUCTOR”).

I. EMPLOYMENT OF INSTRUCTOR

1. SCHOOL hereby employs the INSTRUCTOR to teach English in the form and manner and under the terms and conditions set forth in this agreement and as to the prescribed methodologies and textbooks as specified for each class.
II. PLACE OF EMPLOYMENT
1. INSTRUCTOR will be employed as an English INSTRUCTOR at XXXXXX, Seoul, Korea (Hereinafter referred to as “place of employment”)

III. TERM OF EMPLOYMENT

1. A 12months contract is offered by the SCHOOL, beginning March 2, 2014 and concluding March 1, 2015. Prior to March 02, 2014, XXXXXX School will have a training period the week of Feb 27 – 28, 2014 the INSTRUCTOR is required to attend. The SCHOOL will provide accommodation, one meal/day and 50,000 won/day payment during this training period. The period of employment is renewable by mutual agreement of the SCHOOL and INSTRUCTOR. In the event the relevant parties fail to agree upon an extension, the INSTRUCTOR’s employment shall automatically terminate as of the date of termination set forth hereinabove.


IV. DUITES OF INSTRUCTOR

1. During the term of this agreement, the INSTRUCTOR will accept, obey and strictly comply with the instructions, supervision, and discipline of the SCHOOL. These duties shall include regular classroom instruction in all phases of the SCHOOL’s program, administrative duties related to the INSTRUCTOR’s classroom duties, attendance at scheduled staff meetings and workshops, SCHOOL sponsored outings and any other duties as assigned by the SCHOOL.

2. During the term of this agreement, the INSTRUCTOR will be required to work for forty (40) hours per week from 9:15am to 6:30pm and to teach a maximum of thirty (30) teaching hours per week between 9:15am to 6:30pm. The INSTRUCTOR is expected to arrive at school at least 15 minutes before class begins.

3. In addition to the aforesaid thirty teaching hours each week, the SCHOOL may require the INSTRUCTOR to perform additional teaching duties in excess of these 30 teaching hours per week; such duties assigned to the INSTRUCTOR may require him/her to teach before 9:15 am and after 6:30 pm (hereinafter referred to as "overtime"). Only classroom contact hours in excess of 30 hours per week and approved by the SCHOOL are considered overtime, and compensation for said overtime will be paid at a rate of 22,000 WON per hour. Attendance at scheduled staff meetings and workshops is not considered overtime, nor is oral testing during the first and last weeks of every session. The INSTRUCTOR will not receive any compensation for attendance at meetings, workshops or oral testing. As required by Article 21 Subsection 3 of the law governing “Academy Foundation, Management and Extracurricular Work,” Native Instructors are asked to attend the annual seminar at the Foreign Teacher’s workshop: a one-time Saturday Workshop conducted by KAFLA for the benefit of Instructors.

4. The INSTRUCTOR understands and agrees that at all times during the term of this agreement the INSTRUCTOR will strictly adhere to and obey all laws, regulations, provisions, instructions and guidance from the Government of Korea or any local government or officials thereof.

5. The INSTRUCTOR shall not partake in any activities that may damage the reputation of the SCHOOL, including, but not limited to, making sexual advances towards, or entering into relationships with students or Instructors of the SCHOOL. Violation of this provision will be considered grounds for immediate dismissal.

6. The INSTRUCTOR agrees to abide to a dress code policy: collared shirt, tie and slacks for men; clothing of reasonably conservative nature for women that does not reveal abdominal or cleavage areas, no excessively short skirts, no jeans for men or women on normal teaching days. It is required that teachers will present themselves to students and parents in neat professional-appearing fashion consistent with reasonable expectations.

7. The INSTRUCTOR agrees to participate in 12 hours of community volunteer work through the course of the school year for the enhancement of the SCHOOL’s community reputation.(ex: participation in 1 charity walkathon equals 4 hours of volunteer work. KAFLA has 2 annual walkathons, etc.)


Ⅳ. COMPENSATION AND OTHER MONETARY AGREEMENTS

1. SALARY
The SCHOOL agrees to pay the INSTRUCTOR as compensation for all services rendered the total aggregate monthly salary of 2,300,000 WON for each calendar month of the contract period with SCHOOL. Payment for part of a month of employment (at commencement and termination) will be calculated on the number of days worked. Payment of the aforesaid salary will be made in won on the 10th of every month, commencing with the first month subsequent to the beginning date, and ending with the first month subsequent to the termination date. In accordance with Korean Labor Law, Korean income taxes of approximately 3.5% (as determined by a scale established by Korean law) will be withheld. The national health insurance program and the National Pension Plan premiums shall be divided evenly between the parties; with 50% paid by the INSTRUCTOR and 50% by the SCHOOL; the INSTRUCTOR’s contribution will be deducted from the gross monthly salary. All salary payments will be accompanied by an itemized list of salary deductions. The INSTRUCTOR will also receive severance equal to one month’s salary upon successful completion of this EMPLOYMENT AGREEMENT.

2. ABSENTEEISM / SICK DAYS The Korean education system has no facility for substitute teachers. In the event a day of teaching is missed due to illness or other unauthorized absenteeism, a deduction of 180,000 WON/day (or the rate of 30,000 WON / hour) will be made from the INSTRUCTOR’S monthly salary.
* On a trimester basis (every 4 months), if there is no absenteeism and no lateness (counted as arrival at school by 9:00am by the INSTRUCTOR), the SCHOOL will pay a 150,000 won bonus to the INSTRUCTOR.

3. PAID VACATION DAYS
The INSTRUCTOR will receive 2 calendar weeks (1week for summer vacation, 1week for winter vacation: if there is a holiday in a vacation week, the school will not give additional paid holiday) paid vacation during the contract year. Vacations will be scheduled by the SCHOOL in accordance with the SCHOOL’s teaching schedule. In the event that it is necessary, the INSTRUCTOR agrees to prepare lesson plans to be used by a substitute INSTRUCTOR. In addition, the INSTRUCTOR will receive all Korean National holidays as days off with no deduction from the INSTRUCTOR’s salary.

4. SCHOOL-SUPPLIED HOUSING ( )Single ( V )Shared ( )Not provided
: 2 bed rooms
The SCHOOL will select and provide furnished living accommodations for the INSTRUCTOR. The accommodations may be in a studio, an apartment, a house, or an office-tel. The SCHOOL will make selection of all living accommodations. The cost of monthly services, utilities, and telephone charges are the sole responsibility of the INSTRUCTOR and/or all residents. The SCHOOL agrees to make utmost reasonable attempt to satisfy the INSTRUCTOR’s housing requirements, but the INSTRUCTOR hereby convenes that temporary arrangements may need to be made due to unavoidable circumstances, and otherwise private accommodations may need to be temporarily shared.

5. AIRFARE
The SCHOOL agrees to provide one-way economy airfare for the INSTRUCTOR to Seoul from the international airport nearest to the INSTRUCTOR’S home at the beginning of the contract. In the event the INSTRUCTOR voluntarily resigns or is dismissed from the SCHOOL before completion of this agreement, the INSTRUCTOR agrees to reimburse the SCHOOL for the total cost of the airfare to Korea.


V. DISMISSAL OR VOLUNTARY RESIGNATION

1. The SCHOOL maintains the right to dismiss the INSTRUCTOR for clear and frequent neglect of duties under this agreement, including but not limited to unauthorized absences from the place of employment without the approval of the SCHOOL, or for manifest inability to perform the duties under this agreement. Criminal or other conduct inside or outside the place of employment that would, in the opinion of the SCHOOL, seriously endanger any student, staff person, or the reputation of the SCHOOL, will be cause for immediate dismissal and no time for remedy will be allotted. If the INSTRUCTOR wishes to terminate this EMPLOYMENT AGREEMENT, the INSTRUCTOR must provide the SCHOOL with two (2) months prior written notice. If the INSTRUCTOR provides the SCHOOL with the said two (2) months’ notice, the SCHOOL agrees to provide the instructor with a LETTER OF RELEASE. In the event the INSTRUCTOR voluntarily resigns or is dismissed from the SCHOOL before completion of this agreement, the INSTRUCTOR agrees to reimburse the SCHOOL for the total cost of the INSTRUCTOR’s recruiter’s fees, if any.

VI. COVENANTS

1. The INSTRUCTOR hereby agrees that he/she will not undertake any teaching duties or employment with any persons or organizations other than the SCHOOL without prior written consent from the SCHOOL of the specific employment contemplated by the INSTRUCTOR. Failure to comply shall be grounds for immediate dismissal.

VII. MERGER CLAUSE
1. This agreement constitutes the entire understanding between the parties and supersedes all previous negotiations, commitments, and writings that the parties may have contemplated prior to entering into this EMPLOYMENT AGREEMENT. No modification of this agreement will be binding or have any legal effect unless set forth in writing amending this agreement and signed by both the INSTRUCTOR AND SCHOOL. Furthermore, this contract nullifies and voids any previous contract between the two parties.

VIII. INDEMNIFICATION CLAUSE

1. The INSTRUCTOR will indemnify and hold harmless the SCHOOL from any damages that the INSTRUCTOR may sustain, in any manner, through the misconduct or negligence of the INSTRUCTOR..

2. The INSTRUCTOR will indemnify and hold harmless the SCHOOL and the SCHOOL's representatives from any damages that the INSTRUCTOR may sustain, in any manner, through the refusal of the government of Korea to permit entry to the republic.

IX. WAIVER

1. The failure of either party hereto at any time to enforce the terms, provisions, or conditions of this agreement will not be construed as a waiver of the same or of the right of any party to enforce the same.

X. GOVERNING LANGUAGE

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

XI. GOVERNING LAW AND JURISDICTION

1. This agreement will be interpreted according to the internal (domestic) laws of the Republic of Korea. A court of competent jurisdiction shall decide any dispute or claim arising out of this agreement in the Republic of Korea. The INSTRUCTOR by signing this mutual agreement understands and accepts his/her responsibilities toward the SCHOOL. The SCHOOL and the INSTRUCTOR have executed this agreement on the date indicated below, intending to be legally bound hereto, and IN WITNESS WHEREOF, the SCHOOL and the INSTRUCTOR have appended their signatures.



The good things about this contract are that it says it is an employment agreement (although you are referred to as "instuctor" thereafter) and that it includes National Health Insurance and National Pension (although the rates aren't mentioned), meaning that you should be treated as an employee at this job, not an Independent Contractor, and the starting pay at 2.3 million won is seems decent for a newbie (however it's not, based on other factors below).

The bad seems to exceed the good.

The contract only has airfare one way to Korea and no return airfare. Standard is still for airfare to Korea and back home again. This is a new thing many schools are attempting to cut costs. You are losing 100,000 won per month, or so, depending on where you're from.

Worse, if you don't finish the whole year you have to repay the airfare to Korea. You should only repay airfare to Korea if you don't finish 6 months.

If you don't finish the contract you have to repay the recruitment costs. This is not acceptable. Deal breaker term for me.

The income tax rate at 3.5% is way too high. You should be below 2% withholding, although if they actually pay 3.5% to the Tax Office you can file for a refund. It is common to overcharge at 3.3%, but it should be under 2%. There is a link in the FAQs to look up the appropriate withholding tax for 2.3 million won.

50,000 won per day for training pay is less than half pay. Cheap.

All those free "community service" school promotion days are without pay. Some people like these kind of events and don't care about the pay. Is that you?

The deduction of 180,000 won for sick or missed days is far higher than your 100,000 per day pay level. If this is the cost of a substitute teacher, it may be legal, but they should really only deduct a day's pay for a day missed, not more.

30 hours of teaching is standard, but the total of 40 required hours on the job is high except in government schools. (Actually 9:15 to 6:30 comes to 46 hours and 15 min - perhaps there are lunch or dinner breaks where you can leave. If not, yikes!)

If they treat you well and you like the job maybe that could make up for the bad terms. Apparently you're set on taking this one. I wouldn't.
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cobre001



Joined: 26 Sep 2013

PostPosted: Fri Nov 15, 2013 12:29 pm    Post subject: Reply with quote

Hi guys, I haven't interviewed at this place yet but they sent me a contract ahead of time. Figured I'd put it up for review.

------

Article 1. Employment of Employee

The employer wants to employ the employee as an English teacher for the employer and the employee agrees to work for the employer as an English teacher in -----school name/province----.

Conditions of Employment

The employee's job description shall consist primarily of the following:

A. Curriculum design and implementation
B. Development of educational program and materials
C. Grading and evaluation of students
D. Student counseling or evaluation
E. Other related activities

Article 2. Period of Employment

The period of this contract is for 12months beginning from the date of the employee’s first working day (minus on the job training max 3days) at the institute in Korea.

Article 3. Salary, Working Hours

The Employee shall teach a split shift totaling 30 hours a week to exclude weekends. If these hours are not reached the employee will make up the hours during winter and summer session.

The Employer shall pay a monthly salary of 2,200,000won.

The payment of the Employee’s salary will be made in the following month. The Employer may hold the salary up to the last day of the following month, not after the last day of the following month. Korean Income Tax shall be deducted from the employee's salary. Business income tax rate will be 3.3% in accordance with the Korean Tax Code.

The income tax shall be deducted from the salary of the employee each month.

Article 4. Over-time Premium:

Over-time premium is based on days per month and hours per week.

Working days Hours
20 120
21 126
22 132

Any additional hours worked with in a month the employee shall be paid 22,000won per hour.

Article 5. Policies:

The following policies have been established to assist instructors in the expected performance of their duties.

The employer will have the right to dismiss the employee for clear and frequent neglect of duties under this agreement.

a) The employer shall request the resignation of the employee, if the employee is found to be guilty of gross misconduct which affects the classroom or work environment. The employer may annul the contract and dismiss the employee and shall be free from any legal responsibility.

b) Professional dress and grooming in the work place are essential to maintaining the desired reputation of the Institute. The employer shall establish guidelines forprofessional dress.

c) All Instructors must behave in a professional manner during class (always stand when teaching) and when socializing with students outside of class. Instructors should be aware of the cultural background of Korean students and their expectations of teachers.

d) Instructors are required to attend staff meetings as requested by the Director.If an instructor must be absent, he/she must inform the Director or Asst. Director prior to the meeting.

e) Instructors are required to interview new students and evaluate their placement level.

f) The employee shall not be absent or late for class without two days prior notice.

g) Instructors will be sanctioned by the director if they make sexual advances towards students or if questionable inter-personal relationships with individual students result in the loss of other students.

h) The employee shall prepare teaching materials for class beforehand and will be honest and diligent in teaching students in all classes. The employer agrees to furnish all curricula, textbooks, and other teaching materials.

i) If many of the employee's students complain about the classes, or if the students enrollment falls below the accepted average the employee will be required to attend teacher training or other teachers' classes as requested by the director.

j) The employee shall agree not to teach at any other Institute or privately without the permission of the Institute.

k) The employee shall teach at any place (middle or high school, company or other institutes etc) designated by the employer. The employer is responsible for the transportation of the classes held outside of the institute. When the shuttle is not available, the institute shall pay for the bus fares for trips to classes.

l) If the instructor seeks release from his/her contract for any reason he/she must notify the institute in writing with in 30 days prior to his/her departure and will receive 70% of the monthly salary from that time until a replacement instructor is appointed (maximum 4-6 weeks). The instructor will be required to work until the new instructor arrives and will be required to return the airfare which he/she received. If the employee refuse to notify the institute as stated above the employee is responsible for all legal action that might occur through breach of contract.

Article 6. Benefits

a) Housing

The employer shall cover the deposit on the apartment that was agreed upon
prior to this contract. If for any reason the employee has to leave the current apartment in question he will be liable for the remaining fees and rent to settle the housing contract.

b) Medical Insurance

The employer shall cover 50% of employee’s medical insurance which should
valid and cover 80% of the medical bill.

c) Vacation

The employee will have two weeks vacations excluding national holidays of
Korea and including the Institute’s designated holidays-there might be two or three days when the whole school closes down. Vacation is only permitted after six months of working and it must be requested one month in advance.


d) Flight

If hired outside of the country the employer will pay economy round trip airfare (only for a one year contract) but, if the employee breaches the contract the round trip airfare will be void and he/she must repay the employer the airfare in full which will be deducted from his /her salary.

e) Bonus

Upon completion of the contract (only for a one year contract or otherwise void) the employer will pay (4,000,000won) for the employee’s severance and retirement.

Article 8. Governing Law and Jurisdiction

Any dispute arising in connection with this contract shall be resolved in a
Korean court of law according to Korean Regulations and Codes. The parties
agree to comply with all applicable laws in their performance of this agreement.
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CentralCali



Joined: 17 May 2007

PostPosted: Fri Nov 15, 2013 6:12 pm    Post subject: Reply with quote

cobre001 wrote:
Article 2. Period of Employment

The period of this contract is for 12months beginning from the date of the employee’s first working day (minus on the job training max 3days) at the institute in Korea.


Unpaid training or part-pay training is BS. You should be paid in full from the get-go.

Quote:
Article 3. Salary, Working Hours

The Employee shall teach a split shift totaling 30 hours a week to exclude weekends. If these hours are not reached the employee will make up the hours during winter and summer session.


I can see this easily turning into make-up days on what would've been the hagweon vacation.

Quote:
The payment of the Employee’s salary will be made in the following month. The Employer may hold the salary up to the last day of the following month, not after the last day of the following month.


ARE YOU FREAKING SERIOUS? Look, friend, I don't know you from Adam or Eve, but I'd hope you have enough sense to not work for a full two months before getting paid for the first month's work. How many jobs do you know where the workers get paid a full month after the end of the pay period?

Quote:
Korean Income Tax shall be deducted from the employee's salary. Business income tax rate will be 3.3% in accordance with the Korean Tax Code.


I'm a tad wary about that "business income tax" bit. Seems to me like they're going to sneak you into the infamous independent contractor scam.

Quote:
Article 4. Over-time Premium:

Over-time premium is based on days per month and hours per week.

Working days Hours
20 120
21 126
22 132

Any additional hours worked with in a month the employee shall be paid 22,000won per hour.


I don't get it. At what point do you get paid overtime?

Quote:
i) If many of the employee's students complain about the classes, or if the students enrollment falls below the accepted average the employee will be required to attend teacher training or other teachers' classes as requested by the director.


Never seen that one in a contract before. Well, what do they mean by many and what's the accepted average of enrollment? Too much wiggle room here.

Quote:
k) The employee shall teach at any place (middle or high school, company or other institutes etc) designated by the employer.


Not without Immigration's permission.

Quote:
l) If the instructor seeks release from his/her contract for any reason he/she must notify the institute in writing with in 30 days prior to his/her departure and will receive 70% of the monthly salary from that time until a replacement instructor is appointed (maximum 4-6 weeks).


ARE YOU SERIOUS? No, a thousand times no. If you're fool enough to take this job and then fool enough to inform the boss in advance that you're quitting, the boss is still required to pay you 100% of your salary. What this crud is has a name: illegal withholding of pay.

Quote:
The instructor will be required to work until the new instructor arrives and will be required to return the airfare which he/she received. If the employee refuse to notify the institute as stated above the employee is responsible for all legal action that might occur through breach of contract.


You have the legal right to quit with no notice. There is no cause for legal action. You cannot be required to work there beyond the time you desire to work there. You are not a slave.

Quote:
If for any reason the employee has to leave the current apartment in question he will be liable for the remaining fees and rent to settle the housing contract.


WRONG ANSWER! The boss will replace you. The replacement will be housed there. It's not your problem.

[q[uote]d) Flight

If hired outside of the country the employer will pay economy round trip airfare (only for a one year contract) but, if the employee breaches the contract the round trip airfare will be void and he/she must repay the employer the airfare in full which will be deducted from his /her salary.[/quote]

Standard is quit before six months of the contract and you repay the flight to Korea. Quit during the last six months of the contract and you forfeit paid flight home.

Quote:
e) Bonus

Upon completion of the contract (only for a one year contract or otherwise void) the employer will pay (4,000,000won) for the employee’s severance and retirement.


That's interesting. Most places pay what's essentially one month's pay. If this place, in fact, does pay then that's pretty cool. But I wonder if you'll have to wait a full month for it like you do for your pay.

The generous completion bonus isn't enough to make me sanguine about this one.
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