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New contract. Incheon

 
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MelbaD



Joined: 03 Apr 2014
Location: Asheville, North Carolina

PostPosted: Sun Jun 15, 2014 7:00 am    Post subject: New contract. Incheon Reply with quote

I've heard good things about this school. I think they treat their employees well, so I don't want to nitpick too much, but see if there's any glaring red flags I missed... Thanks!

The Parties agree as follows:


I. TERM OF CONTRACT

1. This contract will be valid for a period of 12 months beginning _____________and ending _______________


II. EMPLOYEE REQUIREMENTS

1 The Employee will act in an appropriately professional manner and be responsible for conducting professional English Language classes.

2. The Employee will be required to work for regularly scheduled hours from Monday through Friday. (In a special case like national holiday and lack of the number of class days, one of the Saturdays or a national holiday in the month which includes a Korean traditional holiday can be exchanged with a weekday off to secure the convenience of the students and their parents), 40hours per week (30hours of teaching and 10hours of preparation and educational affairs), or a total of 160 hours per a month.

3. The Employee is required to attend the events held by The Employer such as workshops, year ending party, retreats, academic seminars, etc.


III. SERVICES PROVIDED BY THE EMPLOYER

1. PAYMENT

1.1 The Employer will pay a monthly salary of \2,100,000won(Including \100,000won for the meals subsidy) for regularly scheduled hours.

1.2 The Employer will pay a monthly salary of \2,100,000won(Including \100,000won for the meals subsidy) in the event that the Employer is unable to provide the Employee with the regularly scheduled 160 hours per month.

1.3 If the Employee fails to work the regularly scheduled hours due to tardiness, absence, etc.; the monthly payment will be calculated and paid using a daily rate and/or an hourly rate.

The method of calculating daily rate: Monthly salary divided by 30.

The method of calculating hourly rate: Daily rate divided by 8.

1.4 The Employer may ask the Employee to work over time (the Employee is expected to cooperate to supply better service to his or her students), and if the Employee chooses to do overtime, the Employer will pay for the overtime at the rate of \15,000 per 60 minutes class.

1.5 The Employer will pay a monthly salary or the total sum of amount for one full month of work on the 5th of the each month. In the case the employee doesn’t start working on the very first day of the month his/ her working days for the month will be counted from the day when he/ she started working a regular schedule.

1.6 IGEN Education Co. has the authority to move the employee from one department to another with sufficient notice of two (2) weeks or ten (10) business days. In case of emergency, such as absence or vacancy, IGEN can ask the employee to move departments, when necessary, either ad interim or permanent capacity.
1.7 Working times are as follows:
Monday to Friday: 2:00PM– 10:00PM(Including 30 min. Break)
Saturday Class(Optional) :
Saturday: 12:00AM~5:00PM
*It can be changeable according to the Avalon Yeonsu branch’s Time Table(Schedule).
1.8 Return tickets to point of origin, severance and pension, if eligible, will be sustained once contract is completed.
2. HOUSING
2.1 The Employer will provide the Employee a single apartment in a safe environment with certain furniture items (bed, washing machine, gas range, refrigerator, fan or air conditioner) and the apartment will be provided at no cost to the Employee with the exception of utilities and phone, cable, satellite and internet bills.

2.2 The employee should have the duty preserving the housing and the furniture items provided by the employer until the termination of this contract. If they are destroyed, the employee should restore them to the original state or pay the cost needed in purchasing the same level of the substitutes of them.

2.3 The employer will deduct 200,000won from each of the employee’s first three months of pay to make a total of 600,000won as a housing management deposit. This deposit is to cover any unpaid monthly service or utility bills in the event the employee fails to pay for any service or goods which she/he used throughout the contract. The employer will hold the full amount of the deposit until all payable bills are checked to have been paid. After the employee completes his/her contract, he/she will be refunded the 600,000 won if all bills are paid.
3. AIRFARE
3.1 A round-trip airfare (standard economy ticket) from the Employee’s designated city to Korea before departure will be provided only for the Employee who will be fulfilling a 12-month period and who has been hired outside of Korea. This is not applicable if hired within Korea.
If the employee leaves the school before six(6) months, the employee must payback the initial airfare or the employer may deduct the amount of airfare from the teacher's last payment.

3.2 In the event when the airfare(standard economy ticket) is paid by the Employee him/herself before departure, the airfare will be reimbursed by the Employer to the employee after the issuance of an E-2 Visa from Korean Immigration Office. The reimbursement is subject only to the Employee who will be fulfilling a 12-month of employment period and has been hired outside of Korea. This is not applicable if hired within Korea.

4. LODGING

4.1 The Employer will provide lodging, if necessary, for the Employee’s stay for the orientation and training period at a facility provided by the Employer.
During the orientation and training period, there’s no salary.
5. HEALTH PLAN
5.1 The Employer will pay 50% of the premium for the Employee’s Health Plan(Korean National Health Insurance), which is provided by the Employer and are administered through the Employer (Participation in a health plan is optional, But it will be mandatory for Americans and Canadians from year 2007). The Employee will be responsible for rest of the costs.
6. SEVERANCE PAY

6.1 The Employer will pay severance to the Employee upon completion of contract. The amount of the severance pay will be equal to a month’s salary(2m won, exclude meals subsidy), and if necessary, applicable government deductions will be subtracted.
7. PAID VACATION

7.1 The Employee may use 10-working days as paid vacation per year. No more than three consecutive working days may be taken at once, with the exception of special scheduled academic periods (e.g. holding/exam periods) in which the Employee may take five consecutive working days. Three days of Institute-scheduled vacation are counted in these 10 days. None of these 10 days may be taken during the first three months of employment. The remaining seven days must be scheduled with the Institute at least one month in advance. If an employee does not use all of their vacation days they will be compensated at daily rate.

Days in which the Employee does not regularly work i.e., Sundays and National Holidays are not to be considered as part of the vacation period.

7.2 The Employee will be paid for all national holidays and not be expected to work during these days otherwise in special occasion for which Employee agrees to work.

7.3 Upon completion of contract, unused vacation days will be paid at the same rate as the formula used in III, 3, 1.3.
8. SICK DAY

8.1 The Employee may use up to 5 paid sick days per year with the doctor’s note from a company-designated hospital, and after the 5 sick days have been used, it will be counted as absent and the pay will be calculated according to the Daily Rate/Hourly Rate. Sick days will be deducted from the paid vacation in III, 7.

8.2 No more than two consecutive sick days may be taken at once.
9. PENSION
The Employee and the Institute will make regular contributions to the Employee’s pension fund, as stipulated by the rules and regulations of Korean National Pension Corporation. If eligible, the Employee will receive a reimbursement of all contributions made by him/herself and the Institute upon departure from Korea.
IV. RENEWAL & TERMINATION OF CONTRACT
1. RENEWAL

1.1 The Employee must give the Employer a written 60-day notice before renewal or non-renewal of the Employee’s current contract.

1.2 Both the Employer and the Employee reserve the option to renew the contract.

2. TERMINATION OF CONTRACT

2.4 Both parties will give at least a written 60-day notice prior to the termination date of the contract.

2.2 The Employer retains the right to terminate the contract immediately if:

a. The Employee is unable to discharge the responsibilities or meet the conditions such as being late for class on a continuous basis; continuous failure to keep regularly scheduled class hours and repeated absences from classes without a valid reason.

b. The Employee teaches off the Employer’s property.

c. The Employee uses illegal drugs or is intoxicated during work hours.

d. The Employee participates in any type of criminal activity of corruption of public moral that violates the laws of the Republic of South Korea.

e. The Employee receives three (3) written warnings from the Employer.

f. The employee tells the others about his/ her own employment contract details.
2.3 If, for any reason, the contract is terminated before the full completion of the contract period:

a. The Employee will not qualify for benefits such as severance pay and the airfares.
피고용인은 퇴직금과 항공편에 대한 혜택 등을 받지 못한다.
b. The Employee will be wholly responsible for any utilities/maintenance and phone bills remaining for the duration of their housing lease.

2.4 Within 14-days the Employee is required to sign a notice of termination and accompany the employer to the Korean Immigration office to notify the Korean Immigration office of the termination.

V. VENUE FOR DISPUTES BETWEEN EMPLOYER AND EMPLOYEE

1. The appropriate laws of the Republic of Korea will govern this contract. However, while both parties enter into this agreement with total honesty and integrity, disputes may sometimes occur. In such cases, both parties will be bound by all terms and conditions of this contract and will try to resolve the difference in a civil manner that is fair to both parties. In the event that no solution can be found for a problem and either party decides to terminate this contract, they must do so in accordance with Section IV, 2 above. Upon such termination, both parties will agree to remain civil and to speak honestly and fairly about their experiences and not in a disrespectful manner.



VI.
FULL KNOWLEDGE

1. GOOD FAITH

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

2. CHANGES TO CONTRACT

The Employer and the Employee agree that they have read the entirety of this Employment Contract and no other verbal agreement, statement or promise made on or before the effective date of this contract will be binding on the parties. Any changes made must be in writing and signed by both parties to be included in this contract. Any changes made to this contract, whether verbal or other, without the knowledge and written consent of both parties are to be considered invalid, and as such are not parts of this contract.

3. TRANSFERAL OF CONTRACT

Under no circumstances can the Employer exchange, give, sell, or transfer this contract or the services of the Employee to another party or Institute without the written consent of the Employee.

4. LANGUAGE OF CONTRACT

The language of this contract is written in English. For convenience of the employer this contract may be translated into Korean upon request and prior to the signing of this document. In event of a dispute, the English version of this contract will prevail.

VII. ADDITIONS TO CONTRACT

All other matters not stated above will be based on Korean relevant laws and regulations including The labor standard Act, Regulations about employment and Avalon company YeonSu Branch regulations.

When the employee is temporarily required to work in the head office by the employer, for reasons such as curriculum development, the working hours are 10am~7pm and there will be a one hour lunch break.


Employee: ___________________________
Date: _

Employer:
:
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beentheredonethat777



Joined: 27 Jul 2013
Location: AsiaHaven

PostPosted: Sun Jun 15, 2014 7:12 am    Post subject: Re: New contract. Incheon Reply with quote

MelbaD wrote:
I've heard good things about this school. I think they treat their employees well, so I don't want to nitpick too much, but see if there's any glaring red flags I missed... Thanks!

]WOW!!! That's a lot of hours for such small salary.(160 hours!!!)
Oh, by the way, you posted this in the wrong place. It should be in contract review

[/color]
The Parties agree as follows:


I. TERM OF CONTRACT

1. This contract will be valid for a period of 12 months beginning _____________and ending _______________


II. EMPLOYEE REQUIREMENTS

1 The Employee will act in an appropriately professional manner and be responsible for conducting professional English Language classes.

2. The Employee will be required to work for regularly scheduled hours from Monday through Friday. (In a special case like national holiday and lack of the number of class days, one of the Saturdays or a national holiday in the month which includes a Korean traditional holiday can be exchanged with a weekday off to secure the convenience of the students and their parents), 40hours per week (30hours of teaching and 10hours of preparation and educational affairs), or a total of 160 hours per a month.

3. The Employee is required to attend the events held by The Employer such as workshops, year ending party, retreats, academic seminars, etc.


III. SERVICES PROVIDED BY THE EMPLOYER

1. PAYMENT

1.1 The Employer will pay a monthly salary of \2,100,000won(Including \100,000won for the meals subsidy) for regularly scheduled hours.

1.2 The Employer will pay a monthly salary of \2,100,000won(Including \100,000won for the meals subsidy) in the event that the Employer is unable to provide the Employee with the regularly scheduled 160 hours per month.

1.3 If the Employee fails to work the regularly scheduled hours due to tardiness, absence, etc.; the monthly payment will be calculated and paid using a daily rate and/or an hourly rate.

The method of calculating daily rate: Monthly salary divided by 30.

The method of calculating hourly rate: Daily rate divided by 8.

1.4 The Employer may ask the Employee to work over time (the Employee is expected to cooperate to supply better service to his or her students), and if the Employee chooses to do overtime, the Employer will pay for the overtime at the rate of \15,000 per 60 minutes class.

1.5 The Employer will pay a monthly salary or the total sum of amount for one full month of work on the 5th of the each month. In the case the employee doesn’t start working on the very first day of the month his/ her working days for the month will be counted from the day when he/ she started working a regular schedule.

1.6 IGEN Education Co. has the authority to move the employee from one department to another with sufficient notice of two (2) weeks or ten (10) business days. In case of emergency, such as absence or vacancy, IGEN can ask the employee to move departments, when necessary, either ad interim or permanent capacity.
1.7 Working times are as follows:
Monday to Friday: 2:00PM– 10:00PM(Including 30 min. Break)
Saturday Class(Optional) :
Saturday: 12:00AM~5:00PM
*It can be changeable according to the Avalon Yeonsu branch’s Time Table(Schedule).
1.8 Return tickets to point of origin, severance and pension, if eligible, will be sustained once contract is completed.
2. HOUSING
2.1 The Employer will provide the Employee a single apartment in a safe environment with certain furniture items (bed, washing machine, gas range, refrigerator, fan or air conditioner) and the apartment will be provided at no cost to the Employee with the exception of utilities and phone, cable, satellite and internet bills.

2.2 The employee should have the duty preserving the housing and the furniture items provided by the employer until the termination of this contract. If they are destroyed, the employee should restore them to the original state or pay the cost needed in purchasing the same level of the substitutes of them.

2.3 The employer will deduct 200,000won from each of the employee’s first three months of pay to make a total of 600,000won as a housing management deposit. This deposit is to cover any unpaid monthly service or utility bills in the event the employee fails to pay for any service or goods which she/he used throughout the contract. The employer will hold the full amount of the deposit until all payable bills are checked to have been paid. After the employee completes his/her contract, he/she will be refunded the 600,000 won if all bills are paid.
3. AIRFARE
3.1 A round-trip airfare (standard economy ticket) from the Employee’s designated city to Korea before departure will be provided only for the Employee who will be fulfilling a 12-month period and who has been hired outside of Korea. This is not applicable if hired within Korea.
If the employee leaves the school before six(6) months, the employee must payback the initial airfare or the employer may deduct the amount of airfare from the teacher's last payment.

3.2 In the event when the airfare(standard economy ticket) is paid by the Employee him/herself before departure, the airfare will be reimbursed by the Employer to the employee after the issuance of an E-2 Visa from Korean Immigration Office. The reimbursement is subject only to the Employee who will be fulfilling a 12-month of employment period and has been hired outside of Korea. This is not applicable if hired within Korea.

4. LODGING

4.1 The Employer will provide lodging, if necessary, for the Employee’s stay for the orientation and training period at a facility provided by the Employer.
During the orientation and training period, there’s no salary.
5. HEALTH PLAN
5.1 The Employer will pay 50% of the premium for the Employee’s Health Plan(Korean National Health Insurance), which is provided by the Employer and are administered through the Employer (Participation in a health plan is optional, But it will be mandatory for Americans and Canadians from year 2007). The Employee will be responsible for rest of the costs.
6. SEVERANCE PAY

6.1 The Employer will pay severance to the Employee upon completion of contract. The amount of the severance pay will be equal to a month’s salary(2m won, exclude meals subsidy), and if necessary, applicable government deductions will be subtracted.
7. PAID VACATION

7.1 The Employee may use 10-working days as paid vacation per year. No more than three consecutive working days may be taken at once, with the exception of special scheduled academic periods (e.g. holding/exam periods) in which the Employee may take five consecutive working days. Three days of Institute-scheduled vacation are counted in these 10 days. None of these 10 days may be taken during the first three months of employment. The remaining seven days must be scheduled with the Institute at least one month in advance. If an employee does not use all of their vacation days they will be compensated at daily rate.

Days in which the Employee does not regularly work i.e., Sundays and National Holidays are not to be considered as part of the vacation period.

7.2 The Employee will be paid for all national holidays and not be expected to work during these days otherwise in special occasion for which Employee agrees to work.

7.3 Upon completion of contract, unused vacation days will be paid at the same rate as the formula used in III, 3, 1.3.
8. SICK DAY

8.1 The Employee may use up to 5 paid sick days per year with the doctor’s note from a company-designated hospital, and after the 5 sick days have been used, it will be counted as absent and the pay will be calculated according to the Daily Rate/Hourly Rate. Sick days will be deducted from the paid vacation in III, 7.

8.2 No more than two consecutive sick days may be taken at once.
9. PENSION
The Employee and the Institute will make regular contributions to the Employee’s pension fund, as stipulated by the rules and regulations of Korean National Pension Corporation. If eligible, the Employee will receive a reimbursement of all contributions made by him/herself and the Institute upon departure from Korea.
IV. RENEWAL & TERMINATION OF CONTRACT
1. RENEWAL

1.1 The Employee must give the Employer a written 60-day notice before renewal or non-renewal of the Employee’s current contract.

1.2 Both the Employer and the Employee reserve the option to renew the contract.

2. TERMINATION OF CONTRACT

2.4 Both parties will give at least a written 60-day notice prior to the termination date of the contract.

2.2 The Employer retains the right to terminate the contract immediately if:

a. The Employee is unable to discharge the responsibilities or meet the conditions such as being late for class on a continuous basis; continuous failure to keep regularly scheduled class hours and repeated absences from classes without a valid reason.

b. The Employee teaches off the Employer’s property.

c. The Employee uses illegal drugs or is intoxicated during work hours.

d. The Employee participates in any type of criminal activity of corruption of public moral that violates the laws of the Republic of South Korea.

e. The Employee receives three (3) written warnings from the Employer.

f. The employee tells the others about his/ her own employment contract details.
2.3 If, for any reason, the contract is terminated before the full completion of the contract period:

a. The Employee will not qualify for benefits such as severance pay and the airfares.
피고용인은 퇴직금과 항공편에 대한 혜택 등을 받지 못한다.
b. The Employee will be wholly responsible for any utilities/maintenance and phone bills remaining for the duration of their housing lease.

2.4 Within 14-days the Employee is required to sign a notice of termination and accompany the employer to the Korean Immigration office to notify the Korean Immigration office of the termination.

V. VENUE FOR DISPUTES BETWEEN EMPLOYER AND EMPLOYEE

1. The appropriate laws of the Republic of Korea will govern this contract. However, while both parties enter into this agreement with total honesty and integrity, disputes may sometimes occur. In such cases, both parties will be bound by all terms and conditions of this contract and will try to resolve the difference in a civil manner that is fair to both parties. In the event that no solution can be found for a problem and either party decides to terminate this contract, they must do so in accordance with Section IV, 2 above. Upon such termination, both parties will agree to remain civil and to speak honestly and fairly about their experiences and not in a disrespectful manner.



VI.
FULL KNOWLEDGE

1. GOOD FAITH

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

2. CHANGES TO CONTRACT

The Employer and the Employee agree that they have read the entirety of this Employment Contract and no other verbal agreement, statement or promise made on or before the effective date of this contract will be binding on the parties. Any changes made must be in writing and signed by both parties to be included in this contract. Any changes made to this contract, whether verbal or other, without the knowledge and written consent of both parties are to be considered invalid, and as such are not parts of this contract.

3. TRANSFERAL OF CONTRACT

Under no circumstances can the Employer exchange, give, sell, or transfer this contract or the services of the Employee to another party or Institute without the written consent of the Employee.

4. LANGUAGE OF CONTRACT

The language of this contract is written in English. For convenience of the employer this contract may be translated into Korean upon request and prior to the signing of this document. In event of a dispute, the English version of this contract will prevail.

VII. ADDITIONS TO CONTRACT

All other matters not stated above will be based on Korean relevant laws and regulations including The labor standard Act, Regulations about employment and Avalon company YeonSu Branch regulations.

When the employee is temporarily required to work in the head office by the employer, for reasons such as curriculum development, the working hours are 10am~7pm and there will be a one hour lunch break.


Employee: ___________________________
Date: _

Employer:
:
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MelbaD



Joined: 03 Apr 2014
Location: Asheville, North Carolina

PostPosted: Sun Jun 15, 2014 8:15 am    Post subject: Oops! Reply with quote

That's where I meant to post it. I'll try to delete it after the 24 hour time limit has passed
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Stan Rogers



Joined: 20 Aug 2010

PostPosted: Sun Jun 15, 2014 8:59 am    Post subject: Reply with quote

What does Incheon have to do with it?
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