Korean Job Discussion Forums

[hexagonsun]

This employment contract (hereinafter this "Contract") is made by and entered into between the Sponsor of the XXXX (hereinafter "Employer"), and the native English teacher (Name)

Article 1 (Purpose)

This contract is made for the purpose of setting forth the terms and conditions of employment for native English teachers who work in KCTY Center for Talented Youth.

Article 2 (Status of Employment)

Employee shall be hired pursuant to this Contract as an English Language Instructor (ELI)

Article 3 (Duties)

The ELI shall perform the following duties:

Plan and conduct English classes in levels assigned by Employer, using texts and course syllabi approved by Employer;
Assist with and participate in activities related to the instructional programs of XXXX, including but not limited to departmental planning meetings, general faculty meetings, and special presentations;
Assist with projects related to the activities concerning international cooperation carried out by the XXXX;
Assist Employer with out-of-classroom activities related to the regular curriculum of XXXX, including, but not limited to, field trips and school-wide assemblies, as well as other extracurricular activities within XXXX;
Assist with the development of teaching materials, supplementary materials, tests, evaluations, and other programs related to English language teaching;
To assist or conduct teacher training for new ELIs under the direction of Employer;
To assist, monitor, and supervise ELIs in their teaching methodology and implementation, and classroom conduct under the direction of Employer;
To perform other duties as designated by Employer;
All materials developed by the ELIs while working for XXXX will become the property of XXX, and Employee shall not seek compensation and/or payment beyond what is stated in this Contract.







Signature: Employer_____________________ Employee_____________________

Article 4 (Supervision)

Employee shall carry out the duties set forth in the foregoing Article 3 pursuant to and under specific instruction with supervision of the Employer during the period of employment.

Article 5 (Period of Employment)

The period of Employment shall commence on March 3rd, 2008 and end on March 2nd, 2009, beginning and ending within the Republic of Korea.
Article 6 (Work Hours)

Employee shall work eight ( hours and five (5) minutes per day for five (5) days per week on Monday to Friday, and shall not work on Saturdays, Sundays, and any national holidays of the Republic of Korea. Actual class instruction hours of Employee shall be six (6) hours with two (2) hours (predetermined by Employer) for class material preparation.
Employee must attend 2 workshop organized by the Headquarters of XXXX. These workshops are on Saturdays and the employee will not be paid for these days.
Employee must attend a half day conference held by the Seongnam-City Board of Education. The employee will not be paid for these days. This is compulsory if you want to teach in the City of Seongnam.
National holidays shall not include any provisional holidays such as cultural, festival, or election days, set up temporarily. Employer shall decide whether to close the school or conduct classes for these days.


Article 7 (Salary)

According to Article 6-1, Employee shall be paid the total amount of 2,000,000 Korean Won per month.
According to the pertinent laws of the Republic of Korea, all applicable taxes, including, but not limited to, the Korean income tax, shall be withheld each month from Employee�s salary.
Employee's salary shall be paid on a pro rata basis the (10) tenth day of each month. If this day falls on a National Holiday, Saturday or Sunday, the salary will be paid on the immediately following business day.
When Employee has not worked a full month, salary for that month shall be paid on a pro rata basis either from the first day or until the last day of work.
If Employee should be absent from Work without having obtained a prior approval, Employee's salary for that month shall be deducted by the amount calculated on a pro rata basis for the number of unauthorized absent days.
If Employee works fully until the end of the Period of Employment, Employer shall pay Employee severance pay, equivalent to the amount stated in Article 7-1.
Employee shall not claim against Employer any compensation and/or payment other than those provided for in this Contract.
If Employee teaches more than forty (40) classes a week, it will be considered overtime. Overtime rate is 20,000 Korean Won per hour (60 minutes).



Signature: Employer_____________________ Employee_____________________

Article 8 (Housing)

Employer shall provide Employee with housing selected by Employer, and Employer shall pay full monthly rent and deposit on the housing selected. Housing selected by Employer may include, but might not be limited to, a leased house, studio, or an apartment that will be shared by two or three other Employees. Any and all fees, charges, costs, taxes, expenses, etc., incurred in using the housing shall be paid by Employee.
If Employer is not able to provide housing for Employee, Employer shall provide Employee with 200,000 Korean Won per month, as a rent subsidy, in lieu of the housing set forth in the foregoing Article 8-1.
Employer may provide temporary housing until the appropriate housing for Employee becomes available.
Employer shall decide whether to provide Employee with housing or a rent subsidy. Once decided, Employer's decision shall not be subsequently changed during the Term of Employment.
If Employer provides housing to Employee, Employer may provide appliances and furniture, and Employee shall not request or demand any other appliances or furniture than those provided by Employer.
Employer shall deduct a security deposit of 300,000 won for utility bills. 150,000 won will be deducted by the employer from the first salary and the second salary. The deposit will be paid back after your last month�s utility bills have been settled by the employer.

Article 9 (Airfare)

Employee shall pay for the one-way trip, economy-class airfare for the route from the nearest international airport where the Employee resides in his/her country of residence.
The cost and the flight must be approved by Employer before purchasing the ticket.
Employer will reimburse the full cost of the airfare for the one-way trip, economy-class airfare for the route from the nearest international airport where the Employee resides in his/her country of residence when Employee passes the medical check requirements from the hospital which has been designated by the Korean Government provided with the original receipt for the airfare.
Employer shall pay for the one-way trip back to the home country where Employee has originally come from in completion of his/her full one year contact.
If Employee�s contract is terminated before the end of the period of employment, whether by Employee or Employer, Employee shall repay the price of the ticket on a pro rata basis calculating the number of days that Employee has worked since the start of employment.
Employer shall relinquish the air ticket to Employee only after Employee has repaid the loan.
Employer shall retain possession of the round-trip ticket until Employee has completed the full period of employment, and all duties within that period, or if terminated, until Employee has repaid the loan in full.



Signature: Employer_____________________ Employee_____________________

Article 10 (Other Benefits)

Employer shall provide Employee with medical insurance through an insurance company. Fifty (50) percent of medical insurance premiums and fees shall be paid by Employee, and fifty (50) percent shall be paid by Employer.
Article 11 (Paid Leave)

Employee shall be entitled to a paid leave for a total of 10 days during the Period of the Employment set forth in Article 5.
Employer shall decide the period of Paid Leave according to XXXX schedule.
Employee shall be entitled to a sick leave for a total of 5 days with having obtained a prior approval. Employee shall not abuse the sick leave and must submit a medical certificate from a medical doctor with the diagnosis of the illness if requested by Employer.

Article 12 (Codes of Conduct)

Employee shall not behave in any manner that may damage or tarnish the reputation of the teaching profession. Employee shall comply with and observe any codes of conduct applicable to Korean teachers.
Under Korean immigration law, Employee with E-2 VISA shall not receive pay from any other job, including a part time job, outside the duties of XXX, during the Term of Employment set forth under Article 5.
Employee shall not be involved in any activities, which may cause harm to the students or be of detriment to the reputation of XXX

Article 13 (Health and Medical Check)

Under Korean immigration law, Employee with E-2 VISA must submit a Health Certificate obtained from the hospital which has been designated by the Korean Government. Employee must have a medical check up at the hospital designated by the Korean Government within 10 days of arrival in Korea. Employer will recommend a nearest designated hospital designated by the Korean Government. The cost of the medical check up is paid by Employee. After obtaining a Health Certificate, Employee must take it to the Immigration Office to apply for an Alien Registration Card.

Article 14 (Termination of the Contract)

Disapproval of Health Certificate by The Immigration Office Under Korean immigration law, Employee with E-2 VISA must submit a Health Certificate obtained from the hospital which has been designated by the Korean Government. If the Immigration office declines the Medical Certificate from the hospital designated by the Korean Government due to Employee�s health not meeting the requirements of the Korean Government, this contract will be terminated. The one-way trip, economy-class airfare for the route from the nearest international airport where the Employee resides in his/her country of residence will not be reimbursed by Employer. The airfare for the return flight shall be paid by Employee, and his/her VISA shall be cancelled.



Signature: Employer_____________________ Employee_____________________

Resignation
If Employee wishes to resign from the XXX and terminate this contract, he/she must give Employer thirty (30)-days prior, written notice of resignation stating a date of and a reason for resignation. If Employee chooses to resign, the airfare for the return flight shall be paid by Employee, and his/her VISA shall be cancelled.

Termination by Employer
Employer may terminate this Contract for any one of the following reasons:

If Employee violates the laws of the Republic of Korea.
If Employee fails to perform or unsatisfactorily performs any of the duties stipulated in this Contract for any reason.
If Employee is absent from work for more than three (3) days without Employer�s authorization.
If it is determined that Employee is prevented from or incapable of performing his/her duties set forth in Article 3 hereof for a medical reason, whether it is a physical or psychological ailment. (If requested by Employer, Employee must be immediately available for a medical examination.)
In the event that this Contract is terminated pursuant to the foregoing Article 14.2 and 14.3, Employer shall pay Employee a pro rated, monthly salary based on the number of days actually worked by Employee during his/her last month of employment. The Employee shall immediately refund the airfare loan according to the terms under Article 9.
Article 15 (Confidentiality Agreement)

This Contract, and all its contents, is entered into on the basis of a strict, confidential agreement between Employee and Employer. Employee shall not disclose any information, and/or contents of this Contract to any third parties without having received prior approval from Employer. Unauthorized disclosure of this Contract, in whole or in part, whether intentional or unintentional, shall result in immediate termination of Contract. In such a case, it shall be considered a termination of contract on Employee�s part and the terms of Article 14 shall be applied.

Article 16 (Miscellaneous)

Matters not explicitly stated in the Contract shall be determined by Employer by taking Employee's concerns into consideration.

Article 17 (Indemnity)

Employee shall indemnify for and keep Employer harmless from any liability or damages arising from, or in relation to any negligent or illegal activity of Employee, whether intentional or unintentional, during the Period of Employment under this Contract.







Signature: Employer_____________________ Employee_____________________

Article 18 (Governing Law and Venue)

The terms of this Contract and the rights and obligations of the parties named herein shall be interpreted solely according to the laws of the Republic of Korea. If a dispute or disagreement arises in connection with this Contract, the parties shall first try to resolve it in good faith. However, if the parties fail to resolve such disputes to their mutual satisfaction, their disputes shall be resolved by arbitration in Seoul, Republic of Korea, according to Commercial Arbitration Rules of the Korean Commercial Arbitration Board.

Article 19 (Signature)

In witness whereof, the parties hereto sign Contract in triplicate on the date entered below with each party retaining one copy and submitting the third copy for Employee's visa application.

[hexagonsun]

Edit

[Ut videam]

Post this in the sticky thread. This one'll be locked as soon as one of the mods sees it.

[valkyrian2]

CONTRACT POSTING THREAD: post 'em here for a review
http://forums.eslcafe.com/korea/viewtopic.php?t=59265