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Contract Review

 
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teflwanderer



Joined: 22 Dec 2016
Location: Houston, TX

PostPosted: Thu Feb 16, 2017 7:50 am    Post subject: Contract Review Reply with quote

It's my first contract so I'm posting the whole thing here, apologies in advance for the dumb questions that may follow. But does this look decent for a first time teacher?

2. Term of Agreement
2.1 Employee agrees to discontinue residence in Korea under the visa status sponsored by Employer within seven (7) days of termination of employment.

2.2 Period of employment beyond that covered by this agreement must be agreed to by employee and employer, in writing, at least one (1) month before the expiration of the term of this agreement.

3. Duties
3.1 During the term of this agreement, the employee will be required to prepare for, teach, and carry out all required administrative duties connected with classes assigned by the employer. The employee will be teaching Elementary and middle school students with some kindergarten classes but not exceeding working hours.
Employee must attend meetings, training workshops and all related school events (more than one) on special occasions such as student recruitment orientation, Major English Competition, Field trip, Spring Picnic etc. There will be up to 10~12 workshops through one year. The purpose of meetings and workshops are to inform employee of matters relating to employee’s duties and the institute’s operation, or to assist in employee’s professional development. No payment in excess of or in addition employee’s monthly salary will be made for attending meetings, workshops, and related school events scheduled by employer.

3.2 To meet the minimum teaching requirement of this agreement, the number of teaching hours shall be an average of 120 hours of actual working time per month. The number of scheduled teaching days does not include Saturdays, Sundays, public holidays, scheduled vacation days.

3.3 Teaching hour refers to the amount of time spent in the classroom only. This does not include preparation time, staff meetings, breaks, orientation etc.

3.4 The employee may choose to work overtime classes at the following rate of 20,000 Korean Won per hour/class.

3.5 At all time during the term of this agreement, employee will directly adhere to and obey all the rules and regulations that have been, or may hereafter be, established by employer for the conduct of employee or generally for the conduct of instructors at the place of employment.

3.6 Employee agrees to set a good positive example at all time. The employee will follow set class schedules and will not dismiss class, cancel classes, start classes late without the approval of the director.

3.7 Employee agrees to dress appropriately at all times when teaching or when present on the premises of the place of employment and to follow the advice, directives and policies of employer regarding what constitutes appropriate dress (example: Clean pair of pants, shirts with collars for male teachers) Sandals, shorts, T-shirt, and cap are not allowed at any time.

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

3.9 Employee agrees that he/she is fully responsible for class preparation while the books and teaching materials necessary to conduct the class will be provided by Employer.

3.10 Employee agrees to be present at the place of employment at least an hour before the commencement of each day’s lessons.

4. Compensation and Other Treatment of Employee
4.1 Transportation: Employer will provide for employee an economy class ticket for passage to Korea from an international airport which is mutually agreed to by employer and employee (hence forth referred to as point of departure). On completion of the full contract period, employer will provide for the employee an economy class ticket for passage from Korea to point of departure. The return air ticket will be provided at the time of termination of employment. In the event that the employee continues employment under a subsequent employment agreement with employer, the return air ticket will be provided at the time of completion of the subsequent contract period(s). Air ticket provided cannot be exchanged for cash equivalents or transferred to persons other than the employee. Employer does not agree to, and is not liable for, compensation to employee, whether in cash or otherwise, for air tickets which are not used by the employee.

4.2 Orientation and Training: Shortly after arrival in Korea, employee will be required to undertake orientation and training (usually two weekdays) intended to provide employee with the requisite familiarity with institute operation and policies and to ensure that employee possesses adequate knowledge and skills related to duties of employment.

4.3 Salary: Employer agrees to pay Employee salary and bonus/severance payment. It will be paid in South Korean Won, and is paid out in thirteen (13) payments over the courses of twelve (12) months in the following manner:
Monthly pay 2.200.000 won will be paid a month after from the starting date following each pay period. For example if an employee starts in ESL job on the 15 of July, the first day will be given on the 15thof August and National Pension Scheme and Income Tax deductions will be withheld.

4.4 Severance Payment: Dependent upon completion of the full contract period, the employee will be given an additional payment of 2.2 million won. In the event that the employee does not renew or extend employment under a subsequent employment agreement with employer, this payment will be made at the time of completion of the contract period.

4.5 Holidays and Vacation:
Holiday: There are 13-15 Korean holidays per year. Employee is not required to work on these days.
Annual leave: Employee is permitted 10 days (5 working days in summer, 5 working days in winter) of paid leave per year. Employee must consult with the director of the institute about his/her vacation schedule and adjust his/her class schedule during his/her time of vacation before he/she can go on a vacation.

4.6 Absence from Duties: Salary is not maintained when employee is absent from teaching duties. In the event that employee is absent from duties for whatever reason, monthly salary will be reduced according to the length of the absence. Reductions will be based on overtime salary rate. Transference of teaching duties by employee to persons other than employee is not possible without the permission of employer. Employee shall not be absent for class without one day’s prior notice. The Employee may use up to 3 paid sick days per year provided they bring a doctor’s note from a company-recognized hospital. No more than two consecutive sick days may be taken at once.

4.7 Emergency Leave: Employee will eligible to receive up to five (5) straight days of paid emergency leave in the event of death or serious illness in employee’s immediate family. Such paid emergency leave can be extended after first five days.
The immediate family of employee for the purpose of the paragraph will include only parents, grandparents, grandchildren, spouse, children, brothers and sisters. Such emergency leave will be granted at the sole discretion of employer. The employee will bear the cost of transportation in the event of a need for emergency leave. Payment for emergency leave will only be made in the event that the employee resumes duties with the employer.

4.8 Accident Compensation: In the event that employee sustains injuries from an accident or mishap during the course of normal work duties, or within the premises of place of employment. Employer agrees to pay all medical and hospital costs which are in excess of those covered by medical insurance. In the event that employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties. Employee understands and agrees that employer will have no responsibility for, nor obligation to pay. Medical and hospital cost which are in excess of those covered by medical insurance.

4.9 Health Plan: The Employer will pay 50% of the premium for the Employee’s health plan, which is provided by the Employer and is administered through the Employer. Participation in a health plan is mandatory under Korean Law. The Employee will be responsible for remaining 50 percent of the costs.

4.10 Housing
1) One room furnished Apt. and rent free will be provided by employer for the employee.

2) Employee accepts to maintain an orderly household. Employee takes the responsibility of any repair fees of house holds if anything needs to be repaired during the stay.

3) Employee understands and undertakes to pay for utility fees, maintenance expenses, phone bills or any other expenses relating to the accommodation, incurred by employee by occupying the accommodation.

4) Employees accepts to hand over to employer all the relevant receipts for payments made for any expense incurred relating to the accommodation, including phones bills and utilities fees.

5) Employee undertakes full responsibility and compensation for any damages done to the accommodation by employee.

6) Lodging: 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.

5. Dismissal or Voluntary Resignation
5.1 Employer will have the right to dismiss employee for unwillingness or inability to meet conditions of employment as set out under this agreement, including neglect of duties. Prior to any such dismissal, employee will be warned of dissatisfaction with performance or conduct and will be afforded an appropriate period in which to remedy the same.

5.2 Employer will have the right to dismiss employee for the following reasons: conduct seriously jeopardizing any student or staff person, for criminal activity, conducting a class under influence of alcohol, disobeying the management’s rule. In such instances, employer has the right under this agreement to execute immediate dismissal and no warning or nor time for remedy need be allotted.

5.3 Employee and employer have right to nullify and void contract if employee’s health condition is such that it is deemed impossible for him/her to continue work.

5.4 In case of employer seeking annulment, employer must have reasonable and adequate ground and a minimum of one month’s notice in writing must be given which goes same for employee.

6. In the event that the employee is dismissed or in the event that the employee voluntarily resigns prior to the termination of the term of this agreement, employer will be obligated to pay all salary due to date of point of departure of employee. And further employer will not obligate to pay any severance pay. And, employer will be entitled to withhold an amount of airfare ticket to Korea at the time of employment and Recruiting fee.

7. Covenants
7.1 Employee hereby agrees, covenants, and undertakes that he/she will not undertake any teaching duties or employment with any persons or organizations other than the employer. Failure to comply with this article is cause for immediate dismissal.

7.2 Employee hereby 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 cooperate entitles not employed by employer.

8. Indemnification Clauses: Employee will indemnify and hold harmless employer and employer’s representatives from any damage which employee may sustain, in any manner, through the misconduct or negligence of employee.

9. Governing Language and Jurisdiction: This agreement has been drawn up and has been executed in the English Language, and the English Language text of this agreement will govern and prevail over any translation thereof. This agreement will be interpreted according to the internal (domestic) laws of the Republic of Korea.
A competent court in the Republic of Korea will have jurisdiction in regard to any dispute or claim arising out of, or in connection with, this agreement. Employer and employee have executed this agreement on the date indicated below. Intending to be legally bound to, and in witness of, employer and employee have appended their signature.
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PRagic



Joined: 24 Feb 2006

PostPosted: Sat Feb 18, 2017 10:46 pm    Post subject: Reply with quote

Three things I wouldn't be too excited about, but it looks like a standard contract.

No payment in excess of or in addition employee’s monthly salary will be made for attending meetings, workshops, and related school events scheduled by employer. THIS COULD SUCK AS THEY SAY THEIR WILL BE 10-12 OF THESE OVER THE COURSE OF A YEAR.

4) Employees accepts to hand over to employer all the relevant receipts for payments made for any expense incurred relating to the accommodation, including phones bills and utilities fees. WHY? YOU'RE PAYING FOR EVERYTHING, SO WHY DO THEY NEED TO GET THE RECEIPTS? NOPE. ODDS ARE THEY'RE MAKING YOU PAY, BUT THEN TAKING A TAX WRITE OFF ON THE RECEIPTS. IF THEY WANT THE RECEIPTS AND THE WRITE OFF, LET THEM PAY.

6. And, employer will be entitled to withhold an amount of airfare ticket to Korea at the time of employment and Recruiting fee. SHOULD BE SOME TIME LIMIT INVOLVED HERE. YOU SHOULDN'T BE ON THE HOOK FOR THIS STUFF IF YOU MAKE IT PAST THE 6 MONTH MARK, FOR EXAMPLE. AND YOU SHOULD NEVER BE ON THE HOOK FOR THE RECRUITING FEE. PERIOD. THAT'S ON THEM.
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PRagic



Joined: 24 Feb 2006

PostPosted: Sat Feb 18, 2017 10:51 pm    Post subject: Reply with quote

ALSO: Employer will have the right to dismiss employee for the following reasons: conduct seriously jeopardizing any student or staff person, for criminal activity, conducting a class under influence of alcohol, disobeying the management’s rule. In such instances, employer has the right under this agreement to execute immediate dismissal and no warning or nor time for remedy need be allotted.

IN GENERAL, YOU SHOULD RECEIVE THREE WRITTEN WARNINGS BEFORE ANY DISMISSAL. 'DISOBEYING THE MANAGEMENT'S RULE' LEAVES YOU OPEN TO AN 11TH MONTH FIRING FOR NO REASON. I'D FIGHT THIS CLAUSE AND THE OTHERS IN MY PREVIOUS POSTS. IF THEY DON'T WANT TO NEGOTIATE, COULD BE BIG RED FLAG.
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