Korean Job Discussion Forums

[Iskroot3]

Here is the contract I was offered today. I removed some of the personal info myself. Please feel free to comment away, I'd appreciate the help.

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I L C
Employment Contract
POSITION: English Language Instructor

EMPLOYER EMPLOYEE
Employer�s Name: ---- Employee�s Name:
I.D Number : Passport Number :
Address: Address:
(Hereafter to be referred to as the Employer) (Hereafter to be referred to as the Employee)
The parties agree as follows:

I. TERM OF CONTRACT, EMPLOYMENT, VISA AND DOCOMENTS
1. The contract term is from __November 2008_____ to __November 2009_____.
2. The Employer hereby agrees to provide the Employee with an appropriate employment visa (E-2 or other) and the Employee hereby declares that s/he possesses the documents required to obtain said visa and agrees to make these documents available to the Employer upon request at any time during the contract period. The Employer will not hold any of these documents for more than the time required to satisfy appropriate Korean government officials.
3. The Employer is responsible for the costs associated with applying for a visa for the Employee that are incurred in Korea. The Employee is responsible for the visa fee charged by Korean Consulates and Embassies, and the cost of gathering and sending required documents to Korea.
II. DUTIES OF EMPLOYEE
1. During the term of this Agreement, the Employee will act in an appropriately professional manner and be responsible for conducting professional English Language classes. The Employee will cooperate and comply with the instructions and disciplines of the school.
2. The Employee will be required to work for regularly scheduled hours, Monday through Friday (No Saturdays or Sundays except at Employee�s option), a total of 30 hours of teaching per week. 1 class is 40 minute.
3. The Employer will restrict class hours to between 3 pm and 9:30 pm. During summer and winter break, the Employee will have 8 class hours a day between 9:00 am and 5:30 pm, Monday through Saturday, for 4 weeks on each break. The employee will be paid for two additional class hours a day as overtime work at the rate of W (20,000) won per 50 min class. Under no circumstances will the beginning of the Employee�s first class the end of the Employee�s last class be more than 8 hours apart, unless the Employee agrees.
4. Additional time for activities such as lesson preparation, research, staff meetings and student evaluations should be considered an integral part of the salaried work in addition to class hours.
5. The Employee will be expected to be present at work at least one hour before his or her first class and be present for an average of one hour of preparation time a day.
6. The Employee is required to adequately prepare for all classes and devote the time required to complete the preparatory and administrative tasks that are normally associated with teaching the English language.
7. At all times during the term of this contract, the Employee will maintain a clean and neat appearance. While suits and ties are not mandatory, a professional appearance is desirable.
8. The Employee is required to go through an orientation and training program for a few days. During this time, the Employee will observe other instructors' classes, become familiar with the syllabus, materials, and suggested teaching methods of the institute. The orientation is within the contract dates.
9. The teacher�s work will include the following:
①. Punctuality, reliability, and professionalism are required.
②. Development of educational programs and materials.
③. Grading and assessment of students.
④. Student counseling or evaluation.
⑤. Attending at teacher�s meetings.
⑥. Preparing lesson plans for each class.
⑦. Teaching classes according to the approved methodologies.
⑧. Submitting the written students progress report every 3 months.
⑨. Abide by established rules and regulations of the Institute.
⑩. Keep an accurate, up to date record of student�s attendance and performance.


III. SERVICES PROVIDED BY THE EMPLOYER
1. PAYMENT
1.1 The Employer will pay a monthly salary of W (2,200,000) won for regularly scheduled hours. Korean Income taxes (currently 3.3%) will be withheld from the Employee�s monthly salary. The Employee will follow the Korean tax law.
1.2 The Employer will pay a monthly salary of W (2,200,000) won in the event that the Employer is unable to provide the Employee with the regularly scheduled hours per month. If the Employee�s scheduled teaching hours falls below that outlined in Section II-2,3 the Employer may ask the Employee to make up the difference through administrative or curriculum development work, which may or may not be related to the classes the Employee is teaching.
1.3 If the Employee has not worked the regularly scheduled hours due to tardiness and absence, the monthly salary will be calculated using a daily rate or an hourly rate (Daily rate: Monthly salary divided by 30 days. Hourly rate: Daily rate divided by 6).
1.4 The Employer may ask the Employee to work over time during winter and summer break, the Employer will pay for the overtime at the rate of W (20,000) won per 50 min class.
1.5 The Employer will pay a monthly salary on the ____ of the each month. A detailed payroll statement, complete with details of deductions, will be provided on payday.
2. HOUSING
2.1 The Employer will provide the Employee with a clean and modern single accommodation, within reasonable walking distance to the institute with certain furniture items (kitchen table and chairs, a two-burner gas hotplate, a refrigerator, a telephone, a television, clothes hanger, bed and bedspread and cooking utensils).
2.2 All furnishings will be provided in good working order, and the employee agrees to use care respect in maintaining them. The cost of utility and telephone charges for the accommodation provided will be paid by the employee.

3. AIRFARE
3.1 The Employer will provide the Employee with an one-way economy ticket before departure and the Employee will be provided with an one-way economy ticket back to his / her own country upon completion of a contract period.
3.2 If the Employee leaves the school prior to completing six (6) months period of this contract due to the Employee�s personal reason and violation of the contract, the Employee must reimburse the school the cost of the ticket paid by the school or the school may deduct the equivalent amount from the teacher�s last month�s pay.
4. LODGING
4.1 The Employer will provide lodging, if necessary, for the Employee�s stay in Motel for the orientation and training period at a facility provided by the Employer.
5. HEALTH PLAN
5.1 The Employer will enrol the Employee in the Korean National Health Insurance Plan. The cost of premiums will be shared by the Employee and the Employer at the rates stipulated by the Government of Korea. Currently, this rate is currently 1.97% of the Employee�s salary, payable by each party. This premium will be deducted from the Employee�s salary. Coverage will not begin until 15-30 days after the Employee�s arrival in Korea. Pre-existing medical conditions and dental are not included.
5.2 The Employee understands that extended periods of illness and/or serious injury that results in an extended inability to perform the duties of employment may seriously harm the Institute�s business and may result in termination of the Employee�s employment. In such cases, all outstanding salary will be paid to last day worked. The Employer further agrees to provide reasonable assistance in dealing with local hospitals, doctors, and the Employee�s family in such cases.
6. SEVERANCE PAY
6.1 The Employer will pay one month�s salary as severance to the Employee upon completion of a 12-month period at the end of the contractual period (1 year). The severance pay will be calculated as follows: the Employee�s gross income divided by twelve and subtract tax deductions.
7. VACATION
7.1 The Employee may use ( 10 )-working days as paid vacation per year (days in which the Employee does not regularly work i.e., Saturdays, Sundays and National Holidays are not to be considered as part of the vacation period), with no vacation exceeding ( 5 ) working days per one segment. The Employee will follow the school calendar.
7.2 The Employee will be paid for all national holidays and not be expected to work during these days. From the 10-working day vacation period, the Employee may choose to use one vacation segment with the summer/winter.
8. LEAVE OF ABSENCE

The Employer may assign substitutes for missed classes. All Employees are required to substitute for other classes in case of emergency or illness of other instructors. If a class is canceled, the instructor may be asked to make up the missing hours on another day. If requested, the employee should submit the certificate of illness after recovering.

IV. RENEWAL & TERMINATION OF CONTRACT
1. RENEWAL
1.1 The Employee must give the Employer a written 30-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
2.1 This contract can be terminated by the ILC, provided 4 weeks written notice is dated and given to the instructor, with reasonable explanation. Likewise, if the instructor wishes to terminate this contract, he/she must provide 8 weeks notice with his/her reasonable written explanation about resignation. If requested, a legal and official Letter of Release must be provided to the employee in accordance with immigration law and consent. ILC shall have the right as its sole discretion to dismiss Employee for clear and frequent neglect of duties under this Agreement, including frequent absences from ILC without prior approval from the ILC director.
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 morals
which violates the laws of the Republic of South Korea.
2.3 If the contract is terminated before the full completion of the contract period due to the employee�s violation of the contract and personal reason,
a. The Employee will not qualify for benefits such as severance pay and the return airfare.
b. The Employee will be wholly responsible for any utilities and phone bills remaining for
the duration of their housing lease.
2.4 If the employee does not fulfill at least 3 months of the contract period due to the employee�s violation of the contract and personal reason, the employee must pay the agency the amount of the money that the employer paid to the agency for recruiting the employee or the employer may deduct the equivalent amount from the teacher�s last month�s pay.
2.5 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 part 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.


I have read and agreed to the condition of employment as an instructor at the ILC. In signing this mutual agreement, I understand fully my responsibilities toward the ILC and accept the position on the basis of the job description in this contract.

Employer�s signature:______________________________ Date:_______/_______/_______

Employee�s signature:______________________________ Date:_______/_______/________

[Otherside]

post your contract in the contract review sticky
http://forums.eslcafe.com/korea/viewtopic.php?t=59265&start=1530

[Iskroot3]

Sorry, I thought I had.

[Huh Kyung-young]

This contract is already under discussion in the sticky thread: http://forums.eslcafe.com/korea/viewtopic.php?p=1842549#1842549

Thread locked.