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tremault
Joined: 25 Sep 2012
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Posted: Wed Feb 27, 2013 10:02 pm Post subject: |
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| Arteta wrote: |
The reason i'm worried about the 2 day notice for absence is because what if I'm genuinely ill one morning? If I immediately ring the school to say i'm not coming in, then i'm officially breaking my contract. Will that mean they can take unspecified amounts of money from me?
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To me, this seems significant. you don't want to get into an uncomfortable situation where you will essentially be completely at their mercy.
If I were you, I would contact them and request they include a proviso for sickness. of course they will likely require a sick note from a doctor or something like that. |
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MagicPotion14
Joined: 22 Jan 2013
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Posted: Thu Feb 28, 2013 4:13 am Post subject: |
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Could someone take a look at this ASAP, if possible. I need to get back to the school today.
Article 1(Duties)
The Employee shall perform the following duties in the educational institutions of the undersigned Office of Education for the period indicated at the beginning of the Term of Employment.
1. Assist Korean teachers with their English class(es) and/or jointly conduct English class(es) with Korean teachers, and/or lead extracurricular activities or English camps;
2. Prepare teaching materials and lesson plans for English class(es);
3. Assist with and/or lead the development and creation of teaching materials related to English language education;
4. Assist with and/or lead activities related to the English language education and other extracurricular activities such as but not limited to editing or creating English documents, judging contests, conducting teacher training, working at English camps, etc.;
5. Conduct English conversational class(es) for Korean teachers, students, parents, etc.
6. Perform other duties as designated by the Employer including various English programs during the school .
Article 2(Supervision)
The Employee shall carry out the duties set forth in the foregoing Article 1 pursuant to and under specific instruction and supervision of the Employer.
Article 3 (Term of Employment)
1. The term of Employment shall be the period of one calendar year set forth at the beginning of this Contract. Unless separately agreed otherwise by the Employer and the Employee, this Contract shall automatically terminate at the end of the contract period set forth herein.
2. If the Employee, for whatever reason, is unable to begin work on the date specified herein, the Contract shall be rewritten to indicate the new one year Term of Employment. The Contract will only take effect on the day the Employee actually begins work and the Term of Employment shall be a one-year period beginning from that day forth.
Article 4 (Work Hours)
1. The Employee shall work everage nine (9) hours per day including lunch hour for five (5) calendar days per week from Monday to Friday.
2. The Work Hours of the Employee may be adjusted by the Employer as he/she deems appropriate .
3. Actual class instruction hours of the Employee shall not exceed thirty (30) hours
(1hour is on 60min basis )per week , and class instruction hours does not include lunch time, snack time.
a. The Employee may be asked to teach an extra six (6) hours per week within and/or out of the regular working hours without the Employee’s consent. Extra class instruction hours shall not exceed six (6) hours per week without the Employee’s consent.
b. If the Employee’s actual weekly class instruction hours exceed thirty (30 ) hours due to supplementary class instruction, the Employee shall be entitled to a supplementary class instruction pay of 15,000 KRW per hour.
5. The Employer may require the Employee to work non-instructional over-time hours in addition to normal Work Hours. In this case, the Employee shall be entitled to supplementary overtime pay in accordance to the supplementary class instruction pay.
Article 5 (Salary)
1. The Employee shall be paid the amount set forth at the beginning of this Contract. However, the Korean income tax, residence tax, medical insurance premium, the national pension contribution, and any other tax or withholding mandated by the various levels of government (and/or applicable to the Employee) shall be withheld each month from the Employee’s salary.
2. The employee's salary shall be liable for Korean Income Tax which will be finalized through the year-end tax settlement. If the employee retires in the middle of the taxable year, the employee's income tax due is finalized for the salary received until the month of retirement based on the report of exemption and deduction from income submitted by the employee.
3. The Employee’s salary shall be paid on the fifth (5th) of each month. If the fifth (5th) of them on the falls on a Saturday, Sunday or national holiday the salary shall be paid on the immediately preceding business day.
4. If the Employee has not worked all of the normal working days in a month, the Employee’s salary for that month shall be prorated for the corresponding number of days worked.
5. If the Employee should be absent from work, for whatever reason, without having obtained prior approval from the Employer, the Employee’s salary for that month shall be prorated according to the corresponding number of unauthorized absent days.
6. The Employee shall not claim against the Employer any compensation and/or payment other than those provided for in this Contract.
Article 6(Entrance Allowance/Exit Allowance)
1. The Entrance Allowance shall be provided as a support for the Employee's entrance into Korea for the purpose of fulfilling employment contract with The Heritage School. Upon beginning the Term of Employment, the Employee shall receive a 1,500,000 KRW Entrance Allowance within one month (30days) upon providing all of the following documents to prove his/her flight from home country into the Republic of Korea which should not exceed five (5) days prior to the Contract start date. 1) flight ticket or ticket receipts (all of which should state the name and dates) and, 2) boarding pass(es) or a verified copy of passports stamp(s) by the Employer. The arrival date shall be discussed and decided between the Employee and the Employer. The Entrance Allowance is not offered to Employees who are renewing their contract or are hired within Korea.
2. If the Employee successfully completes his/her duties set forth in this Contract for the full Term of Employment specified herein and leaves Korea within ten (10) days from the contract completion date, the Employee shall be entitled to an Exit Allowance of 1,500,000 KRW within one month (30 days) upon providing the necessary documents to prove his/her departure from the Republic of Korea. To qualify for the Exit Allowance, the Employee must provide their flight ticket, itinerary and/or ticket receipt (all of which should state the name and date) accompanied by either a boarding pass(es) or a passports stamp(s).In the recognition of their commitment to the successful contract, Exit Allowance will be provided either the Employee travels to home country or other countries.
Article 7 (Resignation)
1. The Employee shall perform the duties set forth under Article 2 hereof during the Term of Employment set forth under Article 4 hereof.
2. This contract is binding unless the Employee gives a thirty (30) day written notice of termination to the Employer.
3. Failure of the Employee to give a thirty (30) days written notice of termination to the Employer shall be reported to the Korean Immigration Service and shall affect the Employee’s ability to freely enter the Republic of Korea in the future.
4. In the case of the Employee’s resignation, his/her visa shall be cancelled.
5. In the case of the Employee’s resignation without fulfilling the full year term, the Entrance Allowance and Housing allowance shall be paid back to the Employer with the exception of Employees to whom Article 12 Clause 4 applies.
Article 8 (Completion of the Contract)
1. A written notification of renewal or completion of employment shall be provided two (2) months, or sixty (60) days, prior to the expiration of the Contract.
Article 9(Renewal of the Contract)
1. The Term of Employment stated in Article 5 hereof may be renewed, in one-year contract terms only, by the mutual written agreement of the Employer and the Employee.
2. In the case of Renewal, pursuant to the foregoing Clause 1, the Employee shall be given a 10-day paid Renewal Leave (weekends and holidays inclusive; must be used consecutively) which shall take place during school vacations in the new Term of Employment with the condition that the days do not conflict with the school schedule.
3. The Employer shall provide the Employee with a Contract Renewal Bonus of 2,000,000 KRW within one month of the beginning of the new Term of Employment. In such case, the Employee shall not receive an Exit Allowance for the completion of the current Term of Employment nor shall the Employee receive an Entrance Allowance for the renewal Term of Employment.
4. In the case of termination of the Renewal Contract, regardless of course or ground therefore, the Employee shall immediately pay back to the Employer the 2,000,000 KRW Renewal Allowance and the Renewal Leave specified in the forgoing Clause 2 shall become Unpaid Leave. The terms for the Exit Allowance shall be in accordance to Article 9 Clause 2 of this Contract.
Article 10 (Termination of the Contract)
1. The Employer may legally terminate or cancel this Contract upon occurrence of any one or more of the following events:
a. The Employee violates the laws of the Republic of Korea.
b. The Employee violates the Codes of Conduct set forth under Article 19, Clause 1 to 5.
c. The Employee works in Korea without holding the required valid visa (e.g. E-2 visa).
d. The Employee fails to perform or unsatisfactorily performs any of the duties stipulated in this Contract. In this event, the Employer shall provide a formal written notice of unsatisfactory performance to the Employee. Three (3) or more written notices shall be considered sufficient grounds for termination of the Contract.
e. The Employee engages in any other employments (including any part-time, private or self-employment, or online instruction) during the Term of Employment set forth under Article 5 herein.
f. The Employee fails to perform his/her duties for more than three working days without receiving prior consent from the Employer.
g. Any of the information provided in the Employee’s application is false or inaccurate.
h. The Employee fails the medical examination in Korea in accordance with the requirements of the Korean Immigration Office and/or the GEPIK program.
i. It is determined that the Employee is prevented from or incapable of performing the duties set forth under Article 3 hereof for any medical reason, whether it is physical, mental or psychological in nature, including chronic ailments such as Diabetes Mellitus, high blood pressure, chronic liver disease, tuberculosis, neurologic disorder, substance or alcohol addiction, etc.
1). If requested to take a physical and/or psychological examination by the Employer, the Employee must make him/herself available within two (2) working days for the medical examination.
2). The Employee must complete a medical examination (HIV, Drug, etc) in Korea for the purpose of working in Korean public schools. If requested by the Employer, the Employee must submit the results to the Employer immediately. All related expenses shall be borne by the Employee.
j. The total number of days of Sick Leave (both paid and unpaid) used by the Employee pursuant to Article 17 hereof exceeds thirty (30) days.
2. In the event of termination of this Contract pursuant to any of the provisions set forth in the foregoing Clause 1, the Employer shall pay the Employee a prorated salary based on the number of days actually worked by the Employee.
3. In the event of termination of this Contract pursuant to any of the provisions set forth in the foregoing Clause 1, the Employee shall immediately refund the Entrance Allowance and Settlement Allowance to the Employer pursuant to Article 8 Clause 5.
4. In such event, the Employer will not pay the Employee the Exit Allowance and the Employee’s visa will subsequently be cancelled.
Article 11 (Housing)
1. The Employer shall provide the Employee with a single housing unit chosen by the Employer. Housing selected by the Employer may be a leased house, a studio-type room, an apartment, or dormitory. Any and all fees, charges, costs, taxes, expenses, etc. incurred in using the housing shall be borne by the Employee. Such fees may include, but are not limited to, electrical, gas, water, internet, cable, home phone service, and building maintenance fees from the landlord.
2. The Employer may choose to provide temporary housing for the Employee until appropriate permanent housing can be obtained for the Employee.
3. If the Employee requests for the housing allowance in lieu of the single housing set forth in the foregoing Clause 1, the Employer shall provide the Employee with 400,000 KRW per month as a rent subsidy upon the mutual agreement between the Employer and the Employee. In this case, the Employee shall notify the Employer of his/her decision to request housing allowance during the application stage.
4. Once housing is decided, it shall not be subsequently changed during the Term of Employment. Any and all costs incurred by the Employee’s decision to change Housing during the Term of Employment shall be borne by the Employee.
5. If the Employer provides housing to the Employee, the Employer may provide appliances and furniture (refer to Appendix 1). The Employee shall not request or demand any other appliances or furniture beyond those outlined in Appendix 1. The Employee shall take the responsibility for the maintenance and repair of the appliances and furniture provided by the Employer.
6. If the Employee uses the Housing provided by the Employer, the Employee shall leave the housing unit in the same condition as when it was first occupied by the Employee and the Employee shall be liable for any damage to the building and appliances occurring during the period of occupied by the Employee.
7. The Employer shall provide couples housing only to married couples jointly employed by the Employer. If the couple holds different last names, they must prove their marital status with a marriage certificate or other relevant documentation.
Article 12 (Benefits)
1. On behalf of the Employee, The Employer shall provide 50% of the Employee’s medical insurance premium (including the medical insurance premium for the Employee’s dependents (spouse and/or children) in the event the dependents of the Employee live with him/her in Korea) pursuant to the National Medical Insurance Act of Korea.
2. The Employer, on behalf of the Employee, shall provide half of the national pension plan deduction (approximately 4.5% of the Employee’s salary) pursuant to the National Pension Corporation Act of Korea. Employees eligible for a pension distribution refund must submit the required documents to the Korean National Pension Corporation when they leave Korea after the completion of their Contract.
Article 13 (Paid Leave)
1.The Employee shall be entitled to a vacation period of a total of twenty (10) working days during the Term of Employment set forth under Article 5 hereof.
4. In the case of tardiness, early leave and other absences during the work day and/or half-days of Paid Leave, regardless of the number of days over which they occur, each set of eight ( accumulated hours shall be counted as one (1) day of Paid Leave. Totals of less than eight ( hours will not be counted.
Article 14(Sick Leave)
1. The Employee shall be entitled to a paid Sick Leave in the case of any illness or injury which prevents the Employee from performing the duties herein only with the expressed consent of the Employer. The Employee shall notify the Employer of any absence due to sickness within one (1) hour of the beginning of the Employee’s duties.
2. A practicing doctor’s medical report shall be required for any sick-leave periods taken for or exceeding three (3) consecutive days or upon the request of the Employer. Reports from a physician must be submitted to the Employer on the first day that the Employee returns to the work place.
3. If the Employee requires a Sick Leave of more than seven (7) working days during the Term of Employment, any Sick Leave days beyond the 7-day limit will be unpaid.
4. The total number of days of Sick Leave (both paid and unpaid) used by the Employee and the reasons for taking Sick Leave will be included in the Employee’s Personnel Record Card, which shall be utilized by the Employer to evaluate the Employee’s conduct and determine the Employee’s contract renewal.
5. Elective cosmetic surgery or treatment including laser surgery or any complications arising as a result of this type of surgery or treatment will not be considered for Sick Leave.
Article 15 (Special Leave)
1. The Employee may take a paid Special Leave for a number of days as set forth below for each of the following events stated herein (travelling time excluded) as outlined by the government employee regulations. The following requires the expressed consent of the Employer and the Employee must provide the necessary supporting documents:
a. Five (5) consecutive calendar days for the Employee’s marriage.
b. Five (5) consecutive calendar days for the death of the Employee’s parents or spouse; two (2) consecutive calendar days for the death of the Employee’s child;
Article 16 (Codes of Conduct)
1. The Employee shall not behave in any manner which may damage or tarnish the reputation of the teaching profession in general or of the GEPIK program and the undersigned Employer in particular during the Term of Employment.
2. The Employee shall observe and comply with any codes of conduct and dress applicable to Korean teachers.
3. The Employee shall not engage in any other employment (including any part-time, private or self-employment, or online instruction) during the Term of Employment set forth under Article 5 hereof.
4. The Employee shall not be involved in any activity which could cause harm to the students or be of detriment to the reputation of the school.
5. Employees must not disclose any confidential information about their co-workers, school or program that they have acquired during their term of employment and must return the acquired confidential documents or materials to the Employer upon the completion/termination of the contract.
6. Be responsible for any expenses regarding visa documents, medical examination(s), and residency forms for the purpose of residency and employment in the Republic of Korea.
Article 17 (Completion of Mandatory Orientation and Training)
1. The Employee shall complete all training deemed necessary by The Heritage School and/or the other Education Foundation.
2. The Employee shall not claim additional compensation for any portion of the mandatory training (e.g. orientation, workshop) .
3. The Employee shall participate in any training program(s) upon request of the Employer.
Article 18 (Security Deposit)
1. The Employee shall be responsible for any liability or damages arising from or in relation to any negligent, faulty, or illegal activity during the Term of Employment under this Contract. Therefore, the Employee shall agree in written form to provide 300,000 KRW per month to the employing school’s administration office either on or by the eighteenth (6th) of every month for the first three (3) months of employment until it amounts to a total of 900,000KRW.
2. The Employer shall check the leased facilities and financial matters arising from the use of them by the Employee before the Term of Employment is completed. If any liability or damages are found, these shall be confirmed in written form by the Employee, who will be indemnified from the security deposit pursuant to the foregoing Clause 1. In the case that housing damages or fees owed exceed the security deposit pursuant to the foregoing Clause 1, the Employer is entitled to be paid additional compensation by the Employee up to the amount owed. The Employee will be refunded their security deposit within one (1) month after the completion of the Contract if there are no liabilities or damages. Employees with their own housing arrangements as well as married couples who are both employed by GPOE shall also be required to provide the deposit to his/her respective schools.
Article 19 (Governing Law, Language and Venue)
1. The terms of this Contract and the rights and obligations of the parties hereto shall be construed, interpreted and determined in accordance with the laws of the Republic of Korea.
2. The governing language of the Contract shall be Korean. The English translation of this Contract is for the purpose of convenience only.
3. If a dispute or disagreement should arise in connection with or out of this Contract, the parties hereto shall first try to resolve it to the mutual satisfaction of both parties and in accordance with the principle of good faith.
Article 20 (Signature)
In witness whereof, the parties hereto sign the Contract in triplicate on the date entered below with each party retaining one copy and submitting the third copy for the Employee’s visa application. |
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YTMND
Joined: 16 Jan 2012 Location: You're the man now dog!!
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Posted: Thu Feb 28, 2013 1:16 pm Post subject: |
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| Quote: |
| b. If the Employee’s actual weekly class instruction hours exceed thirty (30 ) hours due to supplementary class instruction, the Employee shall be entitled to a supplementary class instruction pay of 15,000 KRW per hour. |
15,000 is low. Usually it's 18,000-20,000.
| Quote: |
| 5. The Employer may require the Employee to work non-instructional over-time hours in addition to normal Work Hours. In this case, the Employee shall be entitled to supplementary overtime pay in accordance to the supplementary class instruction pay. |
Maybe I am reading this wrong but before they stated "due to supplementary class instruction".
Now they are stating "non-instructional over-time hours".
Which is it? Are they instructional or not?
If you are instructing and teaching you should get 18,000-20,000. If you are just in the office an extra hour, 15,000 might be fine if you agree. Be careful they don't make you do phone lessons (unless you really want to do that).
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| 1. The Employee shall be paid the amount set forth at the beginning of this Contract. |
I don't see a salary.
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| 1. The Employer shall provide the Employee with a single housing unit chosen by the Employer. Housing selected by the Employer may be a leased house, a studio-type room, an apartment, or dormitory. |
Do you agree to this? Dorm shower rooms/stalls might be nasty. Will the restrooms be clean?
Hard to judge this without a salary figure. 2.3 would be nice and location. |
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MagicPotion14
Joined: 22 Jan 2013
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Posted: Thu Feb 28, 2013 1:22 pm Post subject: |
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Thanks for your reply YTMND.
The wage is 2.2 and it's in Ilsan.
I did think the overtime pay was a bit low also.
I will enquire further into the accommodation and overtime pay.
Overall what do think of the contract? Is it okay in general? |
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YTMND
Joined: 16 Jan 2012 Location: You're the man now dog!!
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Posted: Thu Feb 28, 2013 2:38 pm Post subject: |
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| Quote: |
| Overall what do think of the contract? Is it okay in general? |
Could be good, could be bad. Nothing stands out as something to entirely avoid or make it a definite.
One other thing is security deposit. 900,000 is a bit high. 400-600,000 is more the norm for non-public school jobs. You will only be getting 1,900,000 minus other deductions for 3 months. |
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MagicPotion14
Joined: 22 Jan 2013
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Posted: Thu Feb 28, 2013 2:49 pm Post subject: |
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Thanks again for your help.
I'll see if I can clear any other points up with the school before signing.
I did feel the deposit is quite high, but I don't think that is something I can argue about right now. My primary concern is checking the accommodation is okay tbh. I hadn't noticed that part of the contract when I read it through earlier. |
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JustinC
Joined: 10 Mar 2012 Location: We Are The World!
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Posted: Wed Mar 06, 2013 1:42 am Post subject: Contract |
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Immediate termination is warranted in the following circumstances:
ii) The habitual use of drugs or intoxicants to an extent that it impairs, in the opinion of [school], Party B’s ability to properly perform his or her duties.
Any functioning alcoholics out there?
vi) If Party B is convicted of a serious breach of Korean law, resulting in criminal sanctions or deportation.
So as long as I get away with it.... |
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jakeo125
Joined: 07 Mar 2013
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Posted: Fri Mar 08, 2013 10:51 am Post subject: contract review |
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Hi, just recieved this contract through from a school in daejeon. I really admire the help not to mention work you guys provide and was hoping you could have a quick look at this
This EMPLOYMENT AGREEMENT has been made this day , 2013 between the above mentioned ‘Employer’, , and the above mentioned ‘Teacher’,
, under the terms and conditions set forth below.
이 계약서는 2013년 2 월 20 일자로 ********** ‘****어학원’(이하 ‘고용주’라 표현한다)과 (이하 ‘교사’라 표현한다) 사이에 아래의 규정이 적용됨을 알린다.
Both parties agree on the following terms and conditions:
양 당사자 모두 아래의 규정과 조건에 동의한다.
CLAUSE 1 (APPOINTMENT) / 제1항 (임 명)
a. The employer agrees to employ the teacher during the period stipulated herein.
a. 고용주는 교사를 여기에 명기된 기간 동안 고용하기로 한다.
b. The teacher agrees to accept employment and will work in his/her full capacity for the school.
b. 교사는 고용의 수락과 최선을 다해 학원을 위해 근무할 것을 동의한다.
CLAUSE 2 (PERIOD OF EMPLOYMENT) / 제2항 (고용 기간)
a. The total Agreement term is for one year, commencing from the first teaching day, ending on the last teaching day of the teacher's twelfth full teaching session, according to the ‘****’ session calendar.
a. 전체 계약 기간은 1년이며, 이는 ‘****어학원’세션 학사력에 준하여 강의를 시작하는 첫째 날부터 열 두번째 세션의 마지막 날까지이다.
b. During the duration of this contract and without prior consent of the employer, the employer can deny a release letter to the employee seeking another job position elsewhere.
b. 교사가 계약기간 중에 고용주의 동의 없이 근무처를 이전하고자 하는 경우에는 고용주는 ‘이적동의서’의 발급을 거부할 수 있다.
CLAUSE 3 (THE EMPLOYER’S RESPONSIBILITIES) / 제3항 (고용주의 책임)
a. The employer is required to provide support to the teacher in his/her full capacity, working together to provide quality English instruction under the terms stated in this contract.
a. 고용주는 이 계약서에 명시되어 있는 규정에 따라 최상의 영어 교육의 제공을 위해 상호 협조하는
지원을 교사에게 제공하여야 한다.
b. The employer will honor the terms and conditions of employment, as stated within this contract.
b. 고용주는 이 계약서에 진술된 바대로 고용 규정과 조건을 존중한다.
CLAUSE 4 (THE TEACHER’S RESPONSIBILITIES AND DUTIES) / 제4항 (교사의 책임과 의무)
a. During the terms of this Agreement, the teacher must cooperate and comply with the instructions and disciplines of the school. Assisting the ‘Supervisor’ or ‘Director’ he/she must carry out assignments as directed by the employer. The ‘Supervisor’ or ‘Director’ will be responsible for establishing and communicating the ‘Standards of Performance’ as related to the duties stated in this contract.
a. 본 계약 기간동안, 교사는 학원의 규율과 규정을 반드시 협조하고 따라야 한다. 교사는 원장(피고용 원장 포함)을 보조하여 고용주가 명시한 임무를 수행하며, 원장(피고용 원장 포함)은 계약에 진술된 규율에 관련한 규범수행에 대한 제정과 통보를 할 의무가 있다.
b. The teacher MUST be adequately prepared for the classes in advance, preparing a detailed lesson plan for every class, every day.
b. 교사는 사전에 매일 구체적인 시강계획을 마련하여 철저하게 강의를 준비해야 한다.
c. Throughout the term of the contract, teachers must maintain a clean and neat appearance. While suits and ties are not mandatory, a professional attire and appearance is desirable. (Banned: t-shirts, tethered clothes, clothes with holes, body piercing, revealing tops that shows the waist, thongs, long hair (for men), unshaven beard, skin head, showing of underwear or not wearing underwear.
c. 계약서에 명시되어있는 기간 동안 교사는 청결하고 단정한 외모를 유지해야 한다. 정장과 넥타이의 착용이 의무는 아니나, 교사의 품위에 맞는 전문인의 옷차림을 요망한다.(금지품목 : 헤어진 옷, 피어싱, 허리가 보이는 짧은 상의, 슬리퍼, 장발(남자), 턱수염, Skin Head, 속옷을 보이도록 입거나 안 입는 경우 등)
d. The teacher’s work will include the following:
d. 교사의 직무는 다음을 포함한다.
① Teaching the English to students (Target students’ ages: 3 to Adult)
영어 교육(교육 연령: 만3세 ~ 성인)
② Develop educational programs and materials, expanding off of what is already provided in the ‘****’’ curriculum
교육 프로그램과 교구재의 개발 및 이미 마련된 ‘****어학원’ 교과과정 보완 개발
③ Curriculum design and implementation
커리큘럼(교과과정) 설계와 이행
④ Indoor/outdoor classroom activities for/with students
학생들을 위한 또는 학생들과 함께 하는 학원 내/외 활동
⑤ Level tests, placement by levels, evaluation, check list, monthly report
레벨 테스트, 반편성, 각종 성적 평가, 월말 평가 등
⑥ Providing students with individualized care
학생 개개인에 대한 지도와 관심
⑦ Attending teacher’s meetings, training, and workshops
교사회의와 워크샵 참여
⑧ Other related ‘****’ activities and requirements (please refer to the ‘Teachers Manual’
그 외 ‘****어학원’ 관련 활동과 요구사항(강사 매뉴얼 참고)
CLAUSE 5 (WORKING HOURS) / 제5항 (근무 시간)
a. During the term of this Agreement, the teacher should work in cooperation with the Supervisor or Director from Monday through Friday, and during special events.
a. 계약 기간동안 교사는 책임자와 협조하여 월요일부터 금요일까지 근무하며 특별한 행사에 참가한다.
b. Teachers will be required to attend some special events throughout the year (Workshops, graduation ceremony, etc.), which may fall on a Saturday. Teachers do not receive additional compensation for these days.
b. 교사는 계약 기간 동안 토요일에 열릴 가능성이 있는 특별한 행사 (워크샵, 졸업식 등)에 참여한다. 교사는 해당 날에 대한 추가 임금을 받지 않는다.
c. The teacher is expected to teach 120 teaching hour per month. The teacher assumes responsibility to completely prepare for all his/her classes. (Each session is approximately one month in duration)
c. 교사는 한 달에 기본 120 시간의 강의를 하게 되며, 맡게 되는 강의의 철저한 준비를 하도록 한다.
CLAUSE 6 (SALARY AND OVERTIME RATE) / 제6항 (월 급여와 초과 임금)
a. 1 teaching hour is equal to 40minutes .
(Eg. Two 45min. lessons are equal to 1hour and 30 minutes teaching hours.)
a. 1시간의 강의는 40분 수업으로 간주된다. (예:두 개의 45분 수업은,1시간 30분 수업을 한 것으로 한다.)
b. The employer agrees to pay the teacher salary of 2.0 Korean Won for 120 teaching hours per session and preparation for classes.
b. 고용주는 한 세션 당 120시간의 강의와 그에 해당하는 강의준비에 대한 월급여로 200 만원을 지급한다.
c. The payment of the teachers’ salary is to be made on of each month, after the required work is completed.
c. 급여일은 매달 일로 한다.
d. Each teaching hour exceeding the 120 teaching hours/month will be considered as overtime. The payment for the overtime will be 18,000 Korean Won per each teaching hour.
Attendance at scheduled staff meetings and workshops, along with preparation for classes is mandatory and not considered as overtime.
d. 매 1시간 분량의 수업이 한 달 당 120 시간 수업분량을 초과할 경우 이를 오버타임이라 간주한다.
오버타임의 급여는 1시간 수업분량을 추가 시마다 18,000원이다.
교사회의 참여, 워크샵, 수업준비는 의무이며 이는 오버타임으로 간주되지 않는다.
CLAUSE 7 (TAX) / 제7항 (세 금)
Income tax and inhabitants’ taxes will be withheld from the salary in accordance with the Korean laws.
소득세와 주민세는 대한민국 법령에 근거하여 급여에서 제한다.
CLAUSE 8 (TRANSPORTATION) / 제8항 (교통편)
a. If the teacher leaves the school prior to completing 12 months for any reason as agreed to in this contract, the teacher must reimburse the school the cost of the airfare paid by the school or the school may deduct the equivalent amount from the teacher’s last month’s pay.
a. 교사가 어떤 이유로든 계약 발효 후 12개월 안에 퇴사하는 경우, 교사는 반드시 지급된 항공편을 반환해야 한다. 또는 학원에서 교사의 마지막 월급에서 항공편에 해당하는 금액을 삭감할 수 있다.
CLAUSE 9 (ORIENTATION AND TRAINING) / 제9항 (오리엔테이션 및 교사 교육)
a. Upon the arrival in Korea, the teacher will attend a new teacher’s orientation and training.
a. 국내에 도착한 후 교사는 소정의 오리엔테이션 기간을 거친다.
b. Teachers will be not paid during the orientation period.
b. 오리엔테이션 기간 동안 교사는 급여를 지급받지 않는다.
CLAUSE 10 (MEDICAL INSURANCE) / 제10항 (의료 보험)
a. Medical insurance is to be provided by Korean Medical Insurance Union or a different private health insurance company/organization.
a. 교사는 보험회사의 건강상해보험 또는 한국의료보험조합의 의료건강보험 중 한 개의 보험회사에 가입한다.
b. Half of the insurance premium is to be paid by the employer, while the other half is to be covered by the teacher.
b. 의료 보험료의 절반은 고용주가 부담하고 나머지 절반은 교사가 부담한다.
CLAUSE 11 (VACATION , HOLIDAYS AND SICK DAYS) / 제11항 (휴가와 병가)
a. The teacher will be allowed holidays during national holidays, while vacation days are allowed only during the days allowed/stated in the ‘****’ session calendar.
교사는 ‘****어학원’ 학사력에 의거하여 국경일과 휴가를 제공받는다.
b. The teacher may use up to 3 paid sick days per year provided they bring a doctor’s note from a company-recognized hospital. Any additional sick days beyond the 3 provided will be counted as absences, and the payment will be calculated according to the daily rate/hourly rate.
교사는 의사의 소견서/처방전(회사가 지정한 병원 발행)을 첨부한 경우 일년에 3일을 유급 병가로 사용 할 수 있으며 그 외의 경우는 결근으로 간주된다.
CLAUSE 12 (Visa Sponsorship) / 제12항 (비자와 신원보증)
a. The employer is responsible for sponsoring and acquiring the one-year E-2 teaching visa and alien card necessary to be legally employed as an English Teacher in Korea and that he/she is able to acquire a Korean bank account.
a. 고용주는 1년 기간의 E-2비자와 한국에서 영어교사로 적법하게 근무하는데 필요한 외국인카드와 한국의
은행계좌를 개설할 수 있도록 보증을 책임진다.
b. The Institute is responsible for all fees in acquiring the necessary teaching visa issuance number through the immigration office. Visa application fees and its related expenses in the Instructor’s homeland will be paid at his/her expense.
b. 학원은 출입국관리사무소를 통해서 사증인정번호를 발급받는데 필요한 모든 비용을 부담한다. 해당국가에서 비자(E-2)를 발급받는데 발생되는 비용은 교사가 책임진다.
CLAUSE 13 (ACCOMMODATIONS) / 제13항 (숙박 시설)
a. The school will provide the teacher with furnished accommodation.
a. 학원은 교사에게 가구가 구비된 숙박시설을 제공한다.
b. Furnishings being provided by the employer include: television, refrigerator, and two-burner gas hot plate.
b. 고용주는 다음에 해당하는 비품을 제공한다: 텔레비전, 냉장고, 기본 가재도구, 가정용 가스레인지
c. Selection of the apartment and its location is to be made by the employer, and will be made without consulting with the teacher.
c. 숙박 장소의 결정은 고용주가 한다.
d. The deposit and monthly rent is the full responsibility of the employer.
d. 보증금과 월세는 고용주가 부담한다.
e. Any and all other living costs are to be the full responsibility of the teacher. (All utilities: gas, electricity, cable, internet, etc.)
e. 주거 설비의 사용으로 부과된 공과금(가스비, 전기세, 수도세, 케이블, 인터넷 등)은 교사가 부담한다.
f. For the first three months, the Employer will withhold a safety deposit of 100,000 Korean Won each month, for a total deposit of 300,000 Korean Won. This deposit is used to pay off utility and telephone charges unpaid at the resident, if any. After the employer clears all utilities and miscellaneous bills and conformation is received, the deposit (minus any remaining dues) is to be returned to the teacher. However, if the total remaining dues exceed the 300,000, the teacher is entirely responsible, and is to satisfy all debts with the employer and/or utility companies.
f. 최초 3개월 동안 고용주는 교사의 월 급여에서 각 10만원씩을 보증금으로 차감한다. 보증금이란 계약 종료 후 발생하는 교사가 사용한 공과금을 지급하기 위한 금액이다.
g. Any and all unpaid balances of services utilized while residing at the furnished apartment is the responsibility of the teacher. Bills have been paid will be transferred to the teacher’s account back home after the termination of the contract.
g. 세금 지급 후 남는 차액은 계약 종료 후에 교사의 은행계좌로 송금되도록 한다.
CLAUSE 14 (SEVERANCE PAYMENT) / 제14항 (퇴직 수당)
Upon completion of this one-year contract, the teacher will receive a severance payment of one month’s salary, as mandated by the Korean workers protection legislations. This payment will be made at the time of completion of the contract period and any and all income taxes are to be withheld.
1년 계약 종료 시, 교사는 한국법에 근거하여 퇴직 수당으로 1달 급여에 해당하는 금액을 추가 지급 받게 된다.
퇴직 수당은 1년 계약이 종료되는 시점에 발생하며, 소득세와 주민세를 제한 금액을 받는다.
CLAUSE 15 (DISMISSAL OR VOLUNTARY RESIGNATION) / 제15항 (해고 또는 자진 퇴사)
a. The employer reserves the right to dismiss the teacher from employment for the following:
a. 고용주는 다음 근거에 따라 교사를 해고할 수 있다
① In this case the teacher is received three written warnings because the teacher fails to perform or unsatisfactorily performs any one of the duties stipulated in this agreement.
계약서에 명기된 의무에 태만하거나 불이행으로 인해 3번의 경고장을 받을 경우
② The Teacher fails to perform duties for more than three(3) consecutive days without any clear excuse.
정확한 사유 없이 3일 이상 의무를 이행하지 않을 경우
③ Criminal behavior or misconduct according to Korean Law.
대한민국 법령상의 범죄행위나 부정행위
④ Failure to fulfill one’s duties or damaging the business operation of the school due to reasons of the teacher’s interests in employment elsewhere.
교사의 다른 근무처로의 구직활동으로 인하여 교사본연의 업무에 지장을 준 경우 혹은 학원운영에 지장을 준 경우
b. The employer agrees to give the employee the courtesy of 20 working days notice in the event of dismissal. However, in the case of a teacher’s criminal behavior, misconduct, or with any discretion thereof, he/she will be dismissed from employment immediately, without warning or notice. Overall, the employer reserves to right to dismiss an employee at anytime.
b. 고용주가 교사를 해고하는 경우 20일의 근무기간 전에 통보한다. 그러나 교사의 범죄행위나 부정행위 적발 시, 경고나 통보 없이 즉각 해고한다.
c. In the event the teacher resigns from employment, he/she can do so giving 30 working days notice to the employer.
c. 교사가 자진 퇴사하고자 하는 경우, 고용주에게 근무30일 전에 사전 통보한다.
CLAUSE 16 (GOVERNING LAW & JURISDICTION) / 제16항 (법률과 사법)
a. This Agreement is governed under the laws of the Republic of Korea and any breach of this contract, of any form, may result in prosecution through the legal system in the Republic of Korea.
a. 이 계약서는 대한민국 법에 의거한다.
b. This Agreement is made final and firm unless any material modification or amendment to this Agreement is executed with the full knowledge and consent of the undersigned and incorporated into this Agreement.
b. 이 계약서는 아래에 기명한 교사와 고용주 간의 완벽한 이해와 동의 하에 어떤 실질적인 수정이나 개정이 작성되지 않는 한 확고하며 최종적임을 알린다.
In witness thereof, we have affixed our signatures hereon.
그것의 증거로서, 교사와 고용주는 여기에 서명한다.
Last edited by jakeo125 on Sun Mar 10, 2013 3:12 am; edited 14 times in total |
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duckiedoodle
Joined: 02 Jan 2013
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Posted: Sat Mar 09, 2013 1:20 am Post subject: |
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I haven't a clue what I am doing looking at this thing. The lack of mention of sick leave seems odd. ANything else I am missing?
Letter of Agreement
Thethe employer, under (hereinafter
referred to as "the Institute") and the employee (hereinafter referred to as
"the Teacher") agree to a employment for a regular full-time English teaching position
1. The institute and the teacher agree as follows;
The Teacher accepts employment from the Institute to teach English under the terms and
conditions set forth here in this agreement for a period of twelve full and consecutive teaching
sessions. Employment commences from the first day of teaching and finishes on the last
teaching day of the last teaching session or month under the employment period in the
agreement.
The employment period is from ( April 01, 2013 ) to ( March 31, 2014 ).
The teacher’s daily working hours – including preparation, class teaching, lesson planning,
student evaluations, report card, etc. – are about 8 hours a day excluding any break time. The
Teacher will have maximum of 21 classes ( 1 class = 80 minute) per teaching week.
Monday through Friday are teaching days except for scheduled public holidays and
vacation days. The school has a split teaching policy that every class will be divided in to two
parts; one part is taught by a native teacher only and the other by another teacher. That is,
after one’s part is done, each teacher moves to another class to finish the class time unit.
Teacher may take classes on Saturdays if needed. The Institute will have a prior agreement
with the Teacher on this Saturday’s class if the Teacher optionally wants to take the offer.
Teacher will receive additional compensation for this Saturday class.
2. Duties
A. Duties may include, but are not limited to;
i.
teaching
ii.
substitute teaching
iii.
supervision of students
iv.
preparation/production of teaching materials
v.
check homework and give students a detail feedback
Letter of Agreement
vi.
attendance at teachers’ meetings and workshops
vii.
writing lesson plans and progress report cards
viii. essay, diary and journal correction
ix.
professional development
x.
attendance of Teacher Training Program (TTP)
xi.
preparation for the test material for a class
xii.
guide or help students for an English contest
B. The Teacher’s duties and responsibilities, as well as the academic programs, may be
modified, from time to time, after being agreed upon by both the Teacher and the
Institute
C. The Teacher may work longer than the usual working hours during the summer
and winter vacation periods. Due to the way the Korean education system works, this
schedule is unavoidable. Overtime will be given over the hours of agreement.
D. Any part of the Teacher’s workload can be converted into research and development
work under his or her supervisor’s supervision.
E. The Teacher should attend and help any Institute’s special events, such promotion day,
kinder graduation ceremony, English contest, etc.
3. Behavior
The Teacher should respect the rules and the standard of conduct set by the Institute (written,
verbal and tacit) and obey the laws, regulations, instructions, and ordinances of the national
and local governments.
Dual Employment Prohibition
The Teacher, after signing the agreement and receiving a work visa, can only legally work
for an Institute designated by the Institute. If the Teacher works for any other institutes,
companies, or individuals without the written consent of the Institute and the Korean
Immigration Office, the Teacher shall face legal consequences which will/may include a fine
and possible deportation. Also The Institute will terminate the contract with The Teacher
without a notice and The Teacher will pay back all the pre-paid expenses, air fair, housing
fee, recruiting fee, etc. to The Institute.
Letter of Agreement
The Teacher may be evaluated in writing or verbal comment by his or her supervisor or
director. The Institute has the right to determine if a performance appraisal is needed on a
monthly basis or more frequently. The evaluation will include a review of the Teacher’s job
qualifications and performance; the quality of his or her work; knowledge of his or her job,
job skills, and attitude toward job; working relations with co-workers, students and parents;
initiative, attendance, punctuality, and/or disciplinary record. The review is designed to
provide both the Teacher and his or her supervisors with time to discuss his or her strengths,
weaknesses, career objectives and other concerns.
Confidentiality
A. The Teacher hereby agrees, covenants and undertakes that he/she will not disclose any
information relating to the Teacher’s employment conditions to others, any teaching
materials, or any information related to the academic program, whether verbally or
written, to individuals or corporate entities.
B. All teaching materials, including any books, textbooks and teaching resources, given to
the Teacher by the Institute and reference materials prepared for the classes, by the
Teacher, should be returned afterwards. The Teacher must not take out or use these
materials for purpose other than for teaching at the Institute.
C. All materials and information produced, during the period of employment, become the
property of the Institute. The Teacher may be compensated as regular pay, overtime, or
in an agreed-upon lump sum when the Teacher is requested to do some special project or
research beyond his or her usual working hours. It remains the sole discretion of the
Institute.
7. Compensation
A. Monthly Salary
Except for the period of orientation and teacher training, the Institute will pay the
Teacher a total monthly salary of 2,300,000 Won.
The monthly salary is based on the monthly teaching session and payment will be made
on 10th day of the following month. Korean income tax, National Pension and Medical
Insurance will be deducted from the monthly salary.
B. Overtime
Overtime teaching - beyond 21 units classes - is paid at 26,000 Won/unit(80 minute).
The assignment of overtime above the regular 21 80min. classes is at the sole
discretion of the Institute.
Letter of Agreement
In case of substitute teaching, the Teacher will receive substitute teaching fee
26,000 Won/unit(80 minute), only if the substitute teaching class hours exceed the
Teacher’s contractual class unit hours. In case the Teacher is absent or misses his/her
classes, the Teacher shall be responsible for the substitute teaching fee 26,000 Won/unit
(80 minute). That means the substitute teaching fee shall be deducted from the monthly
payment.
C. Orientation and Teacher Training
The teacher will receive about 1 week of orientation and training. Half (50%) of the
normal teaching pay for the days will be paid during the period of orientation and
training. The orientation and training schedule will be approximately 8 hours a day.
D. Health Insurance
The Teacher will be covered by Korean National Health Insurance. According to the
government guideline for teachers, the monthly insurance charge will be shared half by
the Institute and the Teacher.
E. National Pension Plan
In accordance with the Korean Law, all foreign workers employed by Korean businesses
shall pay into the Korean National Pension plan at a rate stipulated by the Korean
National Pension Law deducted from monthly earnings with the Institute's contribution.
The actual payment will be deducted from teacher’s monthly salary two or three months
after he/she starts teaching. Refund of the National Pension to a teacher who becomes a
compulsorily insured Teacher, where the Pension Act of the Teacher's home country
provides the benefit corresponding to the lump-sum refund of the National Pension Plan,
the lump-sum refund of this plan shall be paid to the foreigner, according to Korean
Law.
F. Severance Pay
On completion of one's responsibilities of the full employment period, an additional
month of regular salary 2,300,000 Won per one full year shall be paid as severance pay.
If the Teacher, however, does not complete the full period of one year employment, none
of the severance pay shall be paid according to Korean Labor Standard Law.
Severance pay will be paid by bank transfer no later than 30 days after the Teacher has
left the Institute. Korean severance tax will be withheld.
8. Housing
A. The Institute will select and provide furnished living accommodation for the Teacher
Letter of Agreement
The housing will be supplied with furnishings by the Institute.
Furnishings will include Air-conditioning, TV, refrigerator, washing machine,
wardrobe, bed with a pillow and blanket, a two-port gas cooking burner, some
eating & cooking utensils, trash can, and etc.
iii.
A cellular phone will be provided from the Institute and the Teacher is
responsible for depositing some money to use.
B. The Teacher is responsible for utility charges such as electricity, gas, water, etc.
C. Normal maintenance needing to be accomplished on the apartment or furnishings will be
paid for by the Institute. In the event the damage is due to the Teacher’s negligence, the
Teacher will be charged any repair or replacement.
D. When the Teacher is leaving with the completion of the one year contract, he/she has to
clean and organize the house. If the cleanness is not properly done nor facilities are
not kept with a good condition, the Institute will deduct some money to put things
to a normal condition.
9. Holidays/Vacation
A. Teacher will be entitled to observe public holidays and receive vacation days during the
employment term according to the yearly schedule provided by the Institute before the
commencement of the year to which the schedule refers.
B. Paid Vacation : The Institute provides the Teacher with approximately total of 10 days
of paid vacation in one employment year. The vacation will be scheduled on the annual
SLP academic calendar, decided by the SLP Corporation, Sogang University.
10. Transportation
A. The Institute shall pay a round-trip airfare between the nearest International Airport from
the Teacher's location applied and a major city in Korea. Round-trip airfare is provided
only once. A one-way ticket will be provided to Korea and at the end of one's
employment a one-way ticket to the port of the departure will be provided.
B. In case the Teacher fails to complete the employment by his or her own fault/reason, the
Teacher shall pay back the Institute the total amount of the air ticket and the actual
amount for the visa trip to Japan, in the case of an in-country hiring.
C. Air tickets provided cannot be exchanged for cash equivalents or transferred to persons
other than the Institute.
Letter of Agreement
11. Termination
A. The Institute has the right to terminate the Employment for the following terms
Terms of termination ;
i. The Teacher fails to perform or unsatisfactorily performs any one of the duties
stipulated in this agreement.
ii. The Teacher fails to perform duties for more than three (3) consecutive days without
any excuse.
iii. The determination that the Teacher is prevented from or incapable of performing
his/her duties for a medical reason, whether it is a physical or psychological ailment.
(If requested by Institute, the Teacher must be immediately be available for a
medical examination.)
iv. Receiving two warning letters.
v. Criminal behavior or misconduct.
vi. Working or Teaching outside of the SLP Institute.
vii. Breaches of Article 6 “Confidentiality”
viii. Defamation of Institute by falsehood
ix. As per Korean Government Visa regulations, the Teacher will be tested for
drugs/illnesses (including HIV and TBPE), after arriving in Korea. If the
Teacher tests positive, the Institute will terminate his/her contract and the
teacher will be deported according to the new visa regulations.
B. The Institute and the Teacher may terminate this employment with a written 60-days
notice. Anything less than 60 days will be considered a breach of employment by the
Institute or the Teacher unless the employment is terminated for a cause
i. In the event of early termination of Agreement, the final payment will be given 30
days after the last day of employment.
ii. In the event the Teacher terminates the Agreement from his/her own fault or
intention, before the end of the contract, the airfare, actual amount of recruiting
him/her (recruiting fee) and any other medical examination fee or transportation
expenses that are related to hire him/her will be reimbursed (deducted from the last
month pay).
Sole and Entire Agreement
This Agreement is the sole, complete and entire employment, agreement and
understanding between the Institute and the Teacher concerning the Employment; the
terms and conditions of the Employment; the duration of the Employment, the termination
Letter of Agreement
of the Employment and the compensation and benefits to be paid and provided by the
Institute to the Teacher pursuant to the Employment. This Agreement supersedes any
and all prior employments, agreements, correspondence, letters of intent, understandings,
and/or negotiations, whether oral or written, concerning the Employment; the terms and
conditions of the Employment; the duration of the Employment; the termination of the
Employment and/or the compensation and benefits to be paid by the Institute to the
Teacher pursuant to the Employment.
Applicable Law and Venue
This agreement and each and every provision hereof shall be interpreted pursuant to the
laws of the Republic of Korea without regard to any conflicts of law principles, and the
venue in which a claim, action or lawsuit may be brought shall be exclusively the
Republic of Korea.
IN WITNESS WHEREOF the Institute and the Teacher have each duly executed this Agreement on
the dates set forth below their respective signatures. |
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YTMND
Joined: 16 Jan 2012 Location: You're the man now dog!!
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Posted: Sat Mar 09, 2013 6:24 am Post subject: |
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Previous post skipped (FOR THE RECORD, Yo Wee Yo!!!)
Now, onto this next stuff (yo wee yo!!!)
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| ( 1 class = 80 minute) per teaching week. |
This is rather bizzarre, the average is 40-50 minutes.
What arte thou thinking?
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The assignment of overtime above the regular 21 80min. classes is at the sole
discretion of the Institute. |
Then it shouldn't be an assignment. That is more like an order, homwork assignment.
It is an option. You choose if you want the overtime.
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In case the Teacher is absent or misses his/her
classes, the Teacher shall be responsible for the substitute teaching fee 26,000 Won/unit
(80 minute). That means the substitute teaching fee shall be deducted from the monthly
payment. |
Is that the same as the overtime pay? Probably not.
I don't see it listed. Why would you want this job? |
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Luker
Joined: 19 Feb 2013
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Posted: Sat Mar 09, 2013 11:43 am Post subject: |
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Hi guys, I am wondering if you could comment on the terms laid out in this contract. It is for a position teaching Kindergarten to Elementary students. Any and all comments are appreciated.
Thanks,
This EMPLOYMENT AGREEMENT has been made on ___________ by and between , a sole proprietorship organized and existing under the laws of Republic of Korea, and having its principal office at (Herein after called “Employer”),and _ ________a citizen of _____________, whose domicile is (Herein after called “Employee”) Employee has been selected and approved by Employer, to teach English language, therefore, Employer and Employee, in consideration of the mutual promised and covenants contained herein, agree as follows:
1. EMPLOYMENT OF EMPLOYEE
Employer hereby employs Employee to teach English language in form and manner and under the terms and conditions set forth in this Agreement.
Employee hereby accepts employment from Employer to teach English language in the form and manner and under the terms and conditions set forth in this Agreement.
2. PLACE OF EMPLOYMENT
Employee will be employed to teach English language at the address of the principal office as above (herein after referred to as “Institute”).
3. TERM OF RENEWAL & VOLUNTARY TERMINATION
3.1 The term of this Agreement shall be Twelve (12) full and consecutive months from
______________,2013, specified in Section 4 of this contract.
3.2 No later than four (4) full months before the date of termination of this Agreement,
Employer and Employee shall consult together and shall agree either to an extension or termination of it.
3.3 In the case of the Employee resigns voluntarily within twelve (12) months,
Employee is required to inform Employer no later than two (2) full months before the date of voluntary termination of this Agreement.
4. DUTIES OF EMPLOYEE
4.1 During the term of Agreement the Employee shall accept and strictly comply with the instructions, supervision, training, and discipline of the Academic Director and shall carry out such assignments as directed by the Academic Director. These duties shall include ELS instructions in all phases of the program, administrative duties related to the classroom duties, administrative at scheduled staff meetings, workshops, and school sponsored outings and any other duties as may be assigned by the Academic Director. The Academic Director is responsible for establishing standards of performance relative to the Employee and also empowered to take necessary steps to assure that those standards are met.
Monday through Friday are teaching days except for scheduled public holidays and vacation days. There can be a few working Saturdays in a year due to Parents’ Seminars, Teachers’ Training, and or Replacing Classes for unexpected weekday school closings. Working Hours: 9:10~6:10. Employee is not a permitted to leave work place during these hours.
4.2 During the term of Agreement, the Employee will be required to accomplish the assigned duties for 30 clock teaching hours each week.
4.3 Each teaching hour in excess of 30 hours a week is considered as overtime.
(1 overtime clock-hour, 20.000 won)
In order to maintain the quality of lessons one hour of preparation time prior to classes each day is required from the Employee. This preparation time is not included in the calculation of any overtime hours, which the employee may be required to work. The Employee is required to attend in a staff meeting a week.
4.4 Employee shall not be permitted and shall not have the right to work outside of Institute. Since Institute employees are full-time employees such approval will normally be denied.
4.5 Employee understands and agrees that at all times during the term of this Agreement; Employee shall strictly obey all laws, regulations provisions, instructions, and guidance from the Government of Korea or any local government or officials thereof.
4.6 Every three incidents of unexcused tardiness by Employee shall be penalized as one lecture hour of unauthorized absence.
5. COMPENSATION AND OTHER TREATMENT OF EMPLOYEE
5.1 Salary
Institute shall pay Employee as compensation for all services rendered the total aggregate monthly salary of 2,200,000 won for each month of contract period with Institute. Payment of salary shall be made in won and commenced from the first day of teaching. The employee salary will be paid on the 5th of each month. The payment shall be made for services rendered from the first day of the month through the last calendar day of the month. Korean income and resident taxes will be withheld.
5.2 Severance Payment
Employee will be given an additional one/twelfth of annual salary for completing the contract period. This amount will be paid at the time of, and is dependent on, completion of the full contract term. This amount is also subject to Korean income and resident taxes. Should an Employee renew for another term, payment of the additional one/twelfth of annual salary shall be carried over until the Employee severs ties with Institute.
5.3 Paid Vacation and Paid Sick Leave
Employee will receive Ten (10) paid vacation days during the contract year, five (5) in summer and another five (5) in winter time. These paid vacation days will be scheduled by the academic calendar of the school. National holidays, Saturdays and Sundays are not to be counted as vacation time. Addition of Korean national holidays, the employee may take up to two (2) days of sick leave. A doctor's invoice with the diagnosis and prognosis is strictly required to be paid for sick days. If doctor’s invoice is not submitted, the equal amount of the employee’s sick leave will be deducted from the employee’s salary and be fairly used in compensation for the replacement. Unused sick leave may not be taken as vacation leave.
5.4 Housing
1) The Employer will provide the Employee a furnished Single housing with no sharing. This offer includes furnishings (Air conditioner, Washing machine, a Single sized bed, a Gas stove) and monthly rent for the selected location with the exception of maintenance, including water, gas, electricity.
2) The employer will have an agreement from a teacher. A studio apartment has total 500,000 won deposit when a teacher moves to studio apartment. This amount will be taken from your first two month salary.(250,000/250,000)
Based on the maintenance checklist sheet, if there is maintenance defect, it will charge for certain amount money for fixing. If there is not defect problem, a teacher will get full amount money return when a teacher checks out one’s apartment.
5.5 Airfare
Employer will purchase for Employee an economy class ticket from the point of hire for passage on a regularly scheduled airline to Korea. The return air ticket will be provided at the time of completion of employment. In the event that Employee is dismissed or resigns within 12 months voluntarily or involuntarily, and that Employee is dismissed for any of the reasons set in 6.1, Employer will deduct the equal amount of airfare to Korea from Employee’s salary. And Institute shall have no duty and shall not be obligated to pay the cost of return airfare.
5.6 Medical Insurance
Employee will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The cost of this coverage will be borne half by Employer and half by Employee. Payment will be made by monthly deduction from Employee's salary; alike amount contributed by Employer.
5.7 Tax
Income Tax and pension will be deducted from the monthly salary according to the Korean Tax Law.
6. DISMISSAL BY INSTITUTE
6.1 Institute shall have the right at its sole discretion to dismiss Employee for clear and frequent neglect of duties under this Agreement, including, but not limited to frequent absences from Institute without approval of the Academic Director, or good reason thereof, or for inability to perform duties such as sicknesses, especially when it hasn’t been informed to the Academic Director before the Agreement was met. However, before any such dismissal, Employee shall be warned of dissatisfaction with performance and shall be afforded at least twenty (20) working days in which to remedy the situation. Criminal or other conduct inside of outside Institute that would in the opinion of the Academic Director and owner seriously jeopardize any person or the reputation of its students, or its staff, will cause for immediate dismissal and no warning or time for remedy will be allotted.
6.2 In the event that Employee is dismissed for any of reasons set forth in 6.1 herein above or for any of the reasons set forth herein below, Institute shall have no duty and shall not be obligated to pay the cost of return airfare to the point of hire for Employee, and also that Employee is dismissed within 3 months of from Employee’s point of origin to Korea.
6.3 The Employee agrees not to work for another institute located within 5 km radius from the establishment location of the Employer even after completion of the contract, unless permitted by the Employer.
7. COVENANTS
7.1 Employee here by agrees, covenants, and undertakes that he/she will not undertake any teaching duties or employment with any persons or organization other than Employer without prior written approval from Employer of the specific employment contemplated by employee. Failure to comply with this article causes for immediate dismissal.
In the event that Employee fails to complete this one year term for any reason, Employee must reimburse the full amount of the airfare to Employer.
7.2 Employee here by agrees, covenants, and undertakes that he/she will not disclose teaching materials, syllabus details, or any other information relating to the academic program, whether verbally or in written form, to individuals or corporate entities not employed by Employer.
8. MERGER CLAUSE
This Agreement constitutes the entire understanding between the parties with respect to the subject matter here of, and supersedes all pervious negotiations, commitments, and writings with respect here to. No modification of this Agreement will be binding or have any legal effect unless set forth in a written agreement amending this agreement and signed by both parties here to. Furthermore, this contract nullifies and voids any previous contract between the two parties.
Employer and Employee have executed this Agreement on the date indicated below.
Intending to be legally bound here to, and In Witness whereof, and Employee have appended their signature. |
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jakeo125
Joined: 07 Mar 2013
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Posted: Sat Mar 09, 2013 3:55 pm Post subject: |
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[quote="YTMND"]Previous post skipped (FOR THE RECORD, Yo Wee Yo!!!)
Hi, is there a issue that im unaware of?
cheers pal |
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YTMND
Joined: 16 Jan 2012 Location: You're the man now dog!!
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Posted: Sun Mar 10, 2013 12:31 am Post subject: |
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| Hi, is there a issue that im unaware of? |
For one, you should remove personal info from the contract (names, addresses, etc...) |
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jakeo125
Joined: 07 Mar 2013
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Posted: Sun Mar 10, 2013 3:05 am Post subject: |
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i made the effort to go through the contract and deleted the names and adresses. i can see now having reviewed it again the korean section to my mistake i have overlooked one abbreviation of the schools name.
if i repost it will you have a look?  |
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YTMND
Joined: 16 Jan 2012 Location: You're the man now dog!!
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Posted: Sun Mar 10, 2013 4:10 am Post subject: |
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| This EMPLOYMENT AGREEMENT has been made this day , 2013 between the above mentioned ‘Employer’, , and the above mentioned ‘Teacher’ |
Does the contract state employer/employee? If not, you could be considered an "independent contractor". Independent contractors pay all pension and higher taxes, whereas the employer would give the employee half of the pension contributions. That's free money for the employee, in addition to the salary, overtime, or severance.
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a. 1 teaching hour is equal to 40minutes .
(Eg. Two 45min. lessons are equal to 1hour and 30 minutes teaching hours.) |
Make sure they honor this and get a current schedule.
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| c. The payment of the teachers’ salary is to be made on of each month, after the required work is completed. |
Hard to give feedback if we don't know the pay date. 10th or before of the next month is my recommendation. Anything later and you are gambling your money.
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| a. If the teacher leaves the school prior to completing 12 months for any reason as agreed to in this contract, the teacher must reimburse the school the cost of the airfare paid by the school or the school may deduct the equivalent amount from the teacher’s last month’s pay. |
Usually it is 6 months or earlier. After 6 months you shouldn't have to.
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| b. Teachers will be not paid during the orientation period. |
A few unpaid orientation days is ok, but if you are putting in a week they should pay you something. Not much, but something. |
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