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[brambles]

Hi This is my contract. From what I have been reading it is a standard hagwon contract.

My thoughts so far:

1. the word approximatley in clause 2.5 referring to one months severance pay. Are we entitled to the severance pay or because the contract is only for 30hours a week I may not be entitled to it. I am thinking the word approximatley leaves me at the employers mercy.

2. clasue 2.6 holidays and vacation. I am only entitled to 3 paid holidays in in winter and 5 in summer. I thought 10days was the standard!

3. no visa run clasue - do I need this . I will be flyign in from Australia.

No emergency leave is mentioned.

I have email contact with someone there and he speaks positively of the school.

What do you think?



EMPLOYER AND EMPLOYEE AGREE AS FOLLOWS

The employee accepts the employment from the employer to teach the English language under the terms and conditions set forth here in this agreement for a period of twelve full and consecutive months. The employment commences from March 15, 2005 to March 14 ,2006, which is the last teaching day of the last teaching session covered under this agreement.



1.0 DUTIES OF THE EMPLOYEE

1.1 Regular Duties: 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. These duties will include preparing lessons, photocopying materials, student placement interviews, correcting students writings and other work related to the Institute. No regular schedule of work hours can be guaranteed to the employee. Payment made for assigned teaching periods is inclusive of payment for preparation and administrative duties connected with those assigned classes. The employee agrees to attend meetings and training workshops scheduled by the employer. The meeting will be once per week , no more than one hour before the start of class. The workshop shall deemed to be 3 times per contract year at a maximum of four hours per workshop The purpose of meetings and workshops is to inform the employees of matters relating to the employees duties and the institutes operation, or to assist in the employee�s professional development. No payment in excess of or in addition to the employee�s monthly salary will be made for attending meetings or workshops scheduled by the employer.

1. The employee will follow set class schedules and will not dismiss class early, cancel class, or start late without the approval of the employer.
2. The employee agrees NOT to partake in the following activities, since they may damage reputation of the institute.
a. Conducting class while under the influence of alcohol, while smoking or under the influence of illegal drugs.
b. Making sexual advances towards or entering into relationship with the students or the employees of the institute.
c. Conducting any business or accepting any funds without prior permission from the institute. (i.e. Private tutoring)
d. Borrowing or lending of funds to the students or conducting any sales of items to the students.
e. The employee shall avoid employing any type of verbal or physical discipline that may be construed as violating the students mental / physical well-being. The employee needs to conduct him/herself in a professional manner.
f. Any damages that are the direct result of negligence on the behalf of the employee, either the institute or the residence, will be paid for by the employee.

1.2 Teaching Hours: The maximum teaching requirement is thirty (30) hours per week or 120 hours per month (A teaching hour is 50 minutes). Monday through Friday are teaching days except for scheduled public holidays and vacation days. The teaching hours in excess of 120 hours per month or 30 hours per week and approved by the employer is considered as overtime and calculated on a monthly basis. Working hours can vary depending on the time of the year (2-8 or 3-9 M-F)

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



2.0 COMPENSATION AND OTHER TREATMENT OF THE EMPLOYEE

2.1 Korean Labor Law: By law, all foreign employees are subject to the same labor laws as Koreans; therefore, the employer and the employee agree to follow Korean Labor Laws governing the Korean Pension (social security) program and other regulations. Any event not described in this contract shall be resolved in accordance with Korean Labor Law Standards and related regulations, or by mutual consent of both parties.

2.2 Transportation: The employer will provide for the employee an economy class ticket for passage to Korea from an international airport which is mutually agreed to by the employer and the employee (henceforth referred to as point of departure). On completion of the full contract period, the 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 completion of employment. In the event that the employee continues employment under subsequent employment agreement with the employer; the return air ticket will be provided at the time of completion of the subsequent contract period(s). Air tickets provided cannot be exchanged for cash equivalents or transferred to persons other than the employee. The 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.

2.3 Salary: Except for the period of orientation and training, the employer will pay the employee for the minimum teaching requirement mentioned above the amount of 2,000,000 Won (including tax 4-6%) for each month of this agreement. Teaching salary will commence from the first day of teaching. Taxes and deductions in compliance with Korean Law shall be withheld automatically from the employee's monthly salary. Monthly salary payments will be made on or before the 15th day of the month following the month during which the employment services were provided. The employee will be paid at the rate of 16,000 Won for each teaching period in excess of the minimum teaching requirement.

2.4 Orientation and Training: Shortly after arrival in Korea, the employee may be required to undertake orientation and training before commencing to teach. The period of training and orientation will usually be two to five days but the employer reserves the right to reduce that period. The employee will receive payment of 30,000 Won per each day of training and orientation.

2.5 Severance Payment: Dependent upon completion of at least one full year of employment with the employer, the employee will be given approximately one month's salary payment, according to Korean Labor Law. This payment is made at the time of completion of the employment.

2.6 Holidays and Vacation: The employee will be entitled to receive all national public holidays and receive 5 working days during summer and 3 working days during winter or vice versa paid vacation days during the contract term (A working day is from Monday to Friday inclusive) The vacation dates will be advised according to the schedule of the Employer.

2.7 Sick Leave: The employee is allowed a maximum of four (4) days of sick leave per year. In the event that the employee is absent for more than two consecutive days, the employee must provide an original medical certificate after the day sick leave was taken. The employer will not be financially responsible for reimbursing the costs of the medical certificate. Salary will not be paid for absences in excess of the sick leave allowance. Unused sick leave may not be taken as vacation leave, and is not compensated by money equivalent at the expiration of the contract period.

2.8 Medical Insurance: The employee will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The costs of this coverage will be borne half by the employer and half by the employee.

2.9 Accident Compensation: In the event that the employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties, the employee understands and agrees that the employer will have no responsibility for, nor obligation to pay, medical and hospital costs which are in excess of these covered by medical insurance.

2.10 Tardiness : If the employee is more than 10 minutes late without notification, on hour of payment may be deducted.


3.0 HOUSING

3.1 Housing: Single
The employer will select and provide a furnished living accommodation for the employee. The accommodation may be a studio, an apartment, a townhouse, or a house. Depending on availability, the employee may live alone. Each employee will be given a private bedroom. Furnishings provided by the employer include a bed, a kitchen table and chairs, a gas stove, a refrigerator, a television, a washing machine, a fan or air-conditioner, and a cellular phone.

3.2 Utilities: The cost of monthly housing service, all utilities (electricity, gas, water) cable TV, internet service and cellular phone charges for accommodation provided by the employer will be paid by the employee. It is the responsibility of the employee to pay these costs on a regular monthly basis.

4.0 DISMISSAL OR VOLUNTARY RESIGNATION

4.1 The employer will have the right to dismiss the employee for unwillingness or inability to meet conditions of employment as set out under this agreement, for conduct seriously jeopardizing any student or staff person, or for criminal activity.

4.2 In the event that the employee is dismissed, or in the event that the employee voluntarily resigns prior to the completion of this agreement, the employer will pay salary due to the date of termination. The employer will not pay the cost of return transportation to point of departure for the employee, nor will the employer pay any severance pay. If the employee does not fulfill at least 6 months of the contract period, he must pay the agency( ) the amount ( won) that the employer paid to the agency when the employee agreed to work for the employer and the employee must also pay the employer the cost of the airfare to Korea.
5.0 COVENANTS

5.1 The 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. To undertake such employment is a breach of Korean Immigration law and can have serious consequences. The employee, after signing the agreement and receiving an E-2 visa, can only legally work for the employer. If the employee works for any other persons or organizations without the consent of the employer and Korean Immigration Office, the employee shall pay back one month's salary upon immediate dismissal and recompense for the cost of replacing him/her and any other losses ensued by his/her conduct.


6.0 GOVERNING LAW AND JURISDICTION

6.1 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.

6.2 The employer and the employee have executed this agreement on the date indicated below. Intending to be legally bound to, and in witness of, the employer and the employee have appended their signatures.