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tjmauermann
Joined: 21 Jan 2009 Location: Bundang
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Posted: Mon Feb 16, 2009 11:14 pm Post subject: could you review my contract? |
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Article 2 - Duties
Employee shall perform the following duties.
1. To teach English as an assistant native teacher at After School English Center in assigned by Employer.
2. To do lesson planning and develop teaching materials with a Korean co-teacher.
3. To be involved in other educational duties relevant to English teaching as requested by the Employer.
4. To conduct English Conversational Classes for Korean students
5. To be positively involved in native teachers� workshops conducted by Employer.
6. To perform other duties relevant to English teaching as assigned by Employer.
Article 3 - Supervision
Employee shall perform the duties specified in the foregoing Article 2 directed and supervised by Employer.
Article 4 - Term of employment
The term of employment is for a year (365 days) which shall begin on / / 2009 and end on / / 2010.
Article 5 - Airfare and Resignation
1. The actual purchasing price of the airfare for Employee�s flight to Korea shall be reimbursed by Employer with the first salary upon arrival based on the economy class of the most direct flight available from his/her resident country to the Incheon International Airport in Korea.
2. If Employee should decide to resign during the Term of Contract, he/she must give Employer a written notice of resignation 60 days prior to departure date.
3. In all cases of Employee�s resignation without fulfilling the full year term, the airfare for his/her return trip will not be paid, and his/her E2 visa shall be cancelled.
4. In case of the termination of Contract for due cause within eight( months of the initiation of this contract, Employee shall immediately pay back 100% of the one-way airfare to Employer. If Employee works at least eight( months or more during the term of employment, Employee�s obligation to pay back the airfare shall be waived by Employer.
Article 6 � Work Places
1. Employee shall work at � After School English Center� in
2. Upon completion of the first year term, Employee may request for a change of school and region subject to approval by Employer, and this is not considered as a renewal of the term.
Article 7 -Work Hours
1. The Work Hours of Employee shall follow the normal work schedule of civil servants of the Korean Government; however, such Work Hours may be adjusted by school principal as he/she deems appropriate as necessary. The school principal agrees to give one week notice for any change in hours.
2. Employee shall work Seven (7) hours per day for five (5) calendar days per week from Monday to Friday and shall not work on Saturdays, Sundays and Korean national public holidays.
3. Employee�s regular teaching hours shall not exceed Thirty (30) class meetings per week. Employee may be asked to teach extra hours within and/or out of the regular working hours. Extra teaching should not exceed 30 class meetings per week without Employee�s consent.
4. For the extra teaching hours aside from the normal 30 hours per week, Employee shall be offered with supplementary class instruction pay at the rate of 20,000won per hour.
Article 8 � Salary
1. Employee shall be paid _2,500,000 Won per month as a category 1 teacher. However, the Korean income tax (approx. 3.3 %) as required under Korean law shall be withheld each month from Employee�s salary.
2. Employee�s salary shall be paid on the last day of each month. If this day falls on a National Holiday, Saturday or Sunday, the salary will be paid on the immediately preceding business day.
3. When Employee has not worked a full month, salary for that month shall be paid on a pro rata daily basis either from the first day or until the last day of work.
4. If Employee should be absent from work without a prior approval, his or her salary for that month shall be deducted by the amount calculated on a pro rata daily basis for the number of unauthorized absent days.
5. Upon completion of a one-year contract, Employer shall pay Employee an extra 30 days� average wage as a severance pay for Employee�s continuous employment of one year. (On completion of the first one-year contract, Employee still get an extra 30 days� average wage as a severance pay and is given 10days� average wage as a bonus pay.)
6. Employee shall not claim against Employer any compensation and/or payment other than those provided for in Contract.
Article 9 - Contract Completion
1. The term of Employment stated in Article 4 may be renewed by a mutual written agreement between Employer and Employee, provided that each renewed employment term is one (1) year.
2. The written notification of renewal or termination of Employment shall be provided two months (60 days) prior to the expiration of Contract.
3. If Employee completes the Term of Employment without the intention to renew and leaves Korea within 10 days from the expiration date, Employer shall pay the airfare for Employee�s one way return flight.
Article 10(Housing)
1.Employer shall provide Employee with housing. All efforts shall be made to provide an apartment within walking distance to the school or near transport facilities as indicated by Employee.
2.Housing selected by Employer shall be, including but not limited to, a leased house or an apartment. A teacher will be provided with furniture such as a refrigerator, an air conditioner, a washing machine, cookware, a TV, a table for taking meals, a gas range, one single bed, an internet connection in a one-room apartment off campus. Any and all fees, charges, costs, taxes, expenses, etc. incurred in using the housing shall be borne by Employee.
3.Employer shall provide temporary housing until the appropriate housing for Employee becomes available. If Employer is not able to provide housing for Employee(or if Employee decides to find housing on their own), Employer shall provide Employee with 300,000 Korean won per month, as a rent subsidy, in lieu of the housing set forth in the foregoing 1.
4.If Employer provides housing to Employee, Employer shall provide appliances and furniture (confer appendix 1). Employee shall not request or demand any other appliances or furniture than those provided by Employer. Employee shall take the responsibility for the maintenance and repair for the appliances and furniture provided by Employer.
<Appendix 1> The sample inventory of the appliances and furniture provided by Employer
NO Name Qty NO. Name Qty
1 냉장고 Refrigerator 1 6 주방용품 Cookware 1
2 세탁기Washing machine 1 7 식탁 Table for taking meals 1
3 텔레비전 TV 1 8 침대Bed (suitable for one) 1
4 가스레인지 Gas range 1 9 인터넷(Internet Connection) 1
5 에어컨 Air Conditioner 1
Article 11 - Other Benefits
Employer shall provide Employee with medical insurance pursuant to The National Health Insurance Act of Korea (The National Health Insurance Act states all government employees will be liable for 50% of costs).
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.
Article 12 - Paid Leave
1. Employee shall be entitled to have a paid leave for a total of 2 weeks working days during the term of the employment. Paid leave may be taken at any time school is not in session, and must be approved by school principal at least 15 days in advance. If Employee renews the contract, up to 14 days of unused yearly paid leave may be rolled over to the new contract period. This carried over paid leave may be used in the new contract period, but it may not be rolled over into any subsequent contract period. If the Employee completes their contract with remaining unused holidays the Employer agrees to pay the Employee for each unused day at a rate of 100,000 Korean Won per day.
Article 13 - Sick Leave
1. Employee shall be entitled to have a paid sick leave if an illness or injury prevents him/her from performing the duties under this contract, provided, however, that he/she obtains Employer�s prior consent.
2. When Employee takes a sick leave for more than seven (7) consecutive days (inclusive of a National Holiday, Saturday and Sunday), Employee shall submit a medical doctor�s report to Employer.
3. Employee�s paid sick leave during the Term of Employment shall not exceed three (3) calendar days. If Employee requires a sick leave for more than three (3) calendar days, Employee may take a longer sick leave without pay.
Article 14 - Office Regulations and Restrictions
1. Employee shall faithfully observe his/her school principal�s requests on his/her duties defined in Contract.
2. Principal shall evaluate Employee�s performance of official duties.
3. Employee shall devote his/her full working hours and occupational attention to the defined duties in these terms and conditions, except for cases specially provided.
4. Employee shall not damage or tarnish the reputation of the teaching profession. Employee shall comply with and observe any codes of conduct acceptable for Korean teachers.
5. Without principal�s permission, Employee shall not be employed or involved in other paid business (including a part-time job).
6. If Employee has a contagious disease or other illness as set out in the following items, the employer may prevent Employee from performing duties.
a. The fear exists that Employee with a contagious disease is not taking measures to prevent the spread of the disease.
b. The fear exists that labor will significantly worsen Employee�s disease from which Employee suffers.
c. Employee is affected by a disease as determined by the Ministry of Health and Welfare.
Article 15 - Termination of the Contract
1. Employer may terminate or cancel this Contract upon occurrence of any one of the following events;
a. If Employee violates the laws of the Republic of Korea.
b. If Employee fails to perform or unsatisfactorily perform any of the duties stipulated in this contract.
c. If Employee fails to perform continuously his/her duties for more than a week without any excuse.
d. If any of the information provided in Employee�s application is neither true nor accurate.
e. If it is determined that the Employee is prevented from or incapable of performing his/her duties set forth in Article 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.)
f. If the sick leave used by Employee pursuant to Article 13 hereof exceeds twenty (20) days.
2. In the event that this contract is terminated pursuant to the foregoing
a, school principal shall give written letter of dismissal notice 15 days prior, and pay Employee a pro rated salary based on the number of days Employee actually worked.
b, Employee shall be responsible for his/her return trip to his/her home country. Employee�s visa will subsequently be cancelled.
3. In the event of termination of this Contract pursuant to any of the provision set forth in the foregoing
a, within 8 months of this contract Employee shall immediately refund the loan(air fare) to Employer according to Article 5, item 4.
b, After 8 months of continuous employment or longer, Employee is not required to repay this loan(air fare).
4. If Employee is sentenced to a term of imprisonment (or any other more severe penalty), Employee shall automatically be dismissed and Employer will not provide any financial compensation.
Article 16 - Governing Law, Language and Venue
1. The terms of this contract and the rights and obligation of the parties hereto shall be construed, interpreted and determined in accordance with the laws of the Republic of Korea.
2. If a dispute or disagreement should arise in connection with or out of this Contract, the parties hereto shall first try to resolve it in accordance with a principle of good faith. However, if the parties fail to mutually resolve such disputes or disagreements or come to amicable settlements, their disputes or disagreements shall be finally resolved by arbitration of the Korean Commercial Arbitration Board.
3. The language of this contract is written in English. For the convenience of the employer this contract has been translated into Korean. In the event of a dispute, the English version of this contract will prevail.
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 in 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 Employment Contract in its entirety 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 TO 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.
Article 18 � Signature
In witness whereof, the parties hereto sign the Contract in triplicate on the date entered below with each party retaining one copy and submitting the third copy to an immigration office for Employee�s E2 visa application.
서명일(Signing Date) : ___________ 피고용자(Employee�s Signature): _________________
여권번호 (Passport No.)_________________________
고용자(Employer�s Signature): __________________ |
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wesharris
Joined: 10 Oct 2008
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Posted: Mon Feb 16, 2009 11:56 pm Post subject: |
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Employee shall perform the following duties.
1. To teach English as an assistant native teacher at After School English Center in assigned by Employer.
2. To do lesson planning and develop teaching materials with a Korean co-teacher.
3. To be involved in other educational duties relevant to English teaching as requested by the Employer.
4. To conduct English Conversational Classes for Korean students
5. To be positively involved in native teachers� workshops conducted by Employer.
6. To perform other duties relevant to English teaching as assigned by Employer.
Article 3 - Supervision
Employee shall perform the duties specified in the foregoing Article 2 directed and supervised by Employer.
Article 4 - Term of employment
The term of employment is for a year (365 days) which shall begin on / / 2009 and end on / / 2010.
Article 5 - Airfare and Resignation
1. The actual purchasing price of the airfare for Employee�s flight to Korea shall be reimbursed by Employer with the first salary upon arrival based on the economy class of the most direct flight available from his/her resident country to the Incheon International Airport in Korea.
2. If Employee should decide to resign during the Term of Contract, he/she must give Employer a written notice of resignation 60 days prior to departure date.
3. In all cases of Employee�s resignation without fulfilling the full year term, the airfare for his/her return trip will not be paid, and his/her E2 visa shall be cancelled.
4. In case of the termination of Contract for due cause within eight( months of the initiation of this contract, Employee shall immediately pay back 100% of the one-way airfare to Employer. If Employee works at least eight( months or more during the term of employment, Employee�s obligation to pay back the airfare shall be waived by Employer.
[bold] get this changed. 6 months is almost industry standard. It's anti runner it is, I understand their needs, but they also need to understand your needs. [/bold]
Article 6 � Work Places
1. Employee shall work at � After School English Center� in
2. Upon completion of the first year term, Employee may request for a change of school and region subject to approval by Employer, and this is not considered as a renewal of the term.
Article 7 -Work Hours
1. The Work Hours of Employee shall follow the normal work schedule of civil servants of the Korean Government; however, such Work Hours may be adjusted by school principal as he/she deems appropriate as necessary. The school principal agrees to give one week notice for any change in hours.
[bold] One week should be one month, this is fair to you and them [/bold]
2. Employee shall work Seven (7) hours per day for five (5) calendar days per week from Monday to Friday and shall not work on Saturdays, Sundays and Korean national public holidays.
[bold] Very good clause [/bold] This is a public school from the looks of it.
3. Employee�s regular teaching hours shall not exceed Thirty (30) class meetings per week. Employee may be asked to teach extra hours within and/or out of the regular working hours. Extra teaching should not exceed 30 class meetings per week without Employee�s consent.
4. For the extra teaching hours aside from the normal 30 hours per week, Employee shall be offered with supplementary class instruction pay at the rate of 20,000won per hour.
I'd go more for 25,000 myself.
Article 8 � Salary
1. Employee shall be paid _2,500,000 Won per month as a category 1 teacher. However, the Korean income tax (approx. 3.3 %) as required under Korean law shall be withheld each month from Employee�s salary
There is no Korean income tax that high, it's fairly low. They're trying to classify you as independent here. This sounds hakwonish..
2. Employee�s salary shall be paid on the last day of each month. If this day falls on a National Holiday, Saturday or Sunday, the salary will be paid on the immediately preceding business day.
Push for the day before holidays or weekends
3. When Employee has not worked a full month, salary for that month shall be paid on a pro rata daily basis either from the first day or until the last day of work.
4. If Employee should be absent from work without a prior approval, his or her salary for that month shall be deducted by the amount calculated on a pro rata daily basis for the number of unauthorized absent days.
5. Upon completion of a one-year contract, Employer shall pay Employee an extra 30 days� average wage as a severance pay for Employee�s continuous employment of one year. (On completion of the first one-year contract, Employee still get an extra 30 days� average wage as a severance pay and is given 10days� average wage as a bonus pay.)
6. Employee shall not claim against Employer any compensation and/or payment other than those provided for in Contract.
Article 9 - Contract Completion
1. The term of Employment stated in Article 4 may be renewed by a mutual written agreement between Employer and Employee, provided that each renewed employment term is one (1) year.
2. The written notification of renewal or termination of Employment shall be provided two months (60 days) prior to the expiration of Contract.
3. If Employee completes the Term of Employment without the intention to renew and leaves Korea within 10 days from the expiration date, Employer shall pay the airfare for Employee�s one way return flight.
Article 10(Housing)
1.Employer shall provide Employee with housing. All efforts shall be made to provide an apartment within walking distance to the school or near transport facilities as indicated by Employee.
2.Housing selected by Employer shall be, including but not limited to, a leased house or an apartment. A teacher will be provided with furniture such as a refrigerator, an air conditioner, a washing machine, cookware, a TV, a table for taking meals, a gas range, one single bed, an internet connection in a one-room apartment off campus. Any and all fees, charges, costs, taxes, expenses, etc. incurred in using the housing shall be borne by Employee.
Check out the furnishings before you take them as a/ok
3.Employer shall provide temporary housing until the appropriate housing for Employee becomes available. If Employer is not able to provide housing for Employee(or if Employee decides to find housing on their own), Employer shall provide Employee with 300,000 Korean won per month, as a rent subsidy, in lieu of the housing set forth in the foregoing 1.
This is normally 400k at least
4.If Employer provides housing to Employee, Employer shall provide appliances and furniture (confer appendix 1). Employee shall not request or demand any other appliances or furniture than those provided by Employer. Employee shall take the responsibility for the maintenance and repair for the appliances and furniture provided by Employer.
Beware of Washing machines, as well as appliances, get this clause stricken if possible. Normal wear and tear IS expected
<Appendix 1> The sample inventory of the appliances and furniture provided by Employer
NO Name Qty NO. Name Qty
1 냉장고 Refrigerator 1 6 주방용품 Cookware 1
2 세탁기Washing machine 1 7 식탁 Table for taking meals 1
3 텔레비전 TV 1 8 침대Bed (suitable for one) 1
4 가스레인지 Gas range 1 9 인터넷(Internet Connection) 1
5 에어컨 Air Conditioner 1
Article 11 - Other Benefits
Employer shall provide Employee with medical insurance pursuant to The National Health Insurance Act of Korea (The National Health Insurance Act states all government employees will be liable for 50% of costs).
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.
Article 12 - Paid Leave
1. Employee shall be entitled to have a paid leave for a total of 2 weeks working days during the term of the employment. Paid leave may be taken at any time school is not in session, and must be approved by school principal at least 15 days in advance. If Employee renews the contract, up to 14 days of unused yearly paid leave may be rolled over to the new contract period. This carried over paid leave may be used in the new contract period, but it may not be rolled over into any subsequent contract period. If the Employee completes their contract with remaining unused holidays the Employer agrees to pay the Employee for each unused day at a rate of 100,000 Korean Won per day.
Article 13 - Sick Leave
1. Employee shall be entitled to have a paid sick leave if an illness or injury prevents him/her from performing the duties under this contract, provided, however, that he/she obtains Employer�s prior consent.
2. When Employee takes a sick leave for more than seven (7) consecutive days (inclusive of a National Holiday, Saturday and Sunday), Employee shall submit a medical doctor�s report to Employer.
3. Employee�s paid sick leave during the Term of Employment shall not exceed three (3) calendar days. If Employee requires a sick leave for more than three (3) calendar days, Employee may take a longer sick leave without pay.
Article 14 - Office Regulations and Restrictions
1. Employee shall faithfully observe his/her school principal�s requests on his/her duties defined in Contract.
2. Principal shall evaluate Employee�s performance of official duties.
3. Employee shall devote his/her full working hours and occupational attention to the defined duties in these terms and conditions, except for cases specially provided.
4. Employee shall not damage or tarnish the reputation of the teaching profession. Employee shall comply with and observe any codes of conduct acceptable for Korean teachers.
5. Without principal�s permission, Employee shall not be employed or involved in other paid business (including a part-time job).
6. If Employee has a contagious disease or other illness as set out in the following items, the employer may prevent Employee from performing duties.
a. The fear exists that Employee with a contagious disease is not taking measures to prevent the spread of the disease.
b. The fear exists that labor will significantly worsen Employee�s disease from which Employee suffers.
c. Employee is affected by a disease as determined by the Ministry of Health and Welfare.
Article 15 - Termination of the Contract
1. Employer may terminate or cancel this Contract upon occurrence of any one of the following events;
a. If Employee violates the laws of the Republic of Korea.
b. If Employee fails to perform or unsatisfactorily perform any of the duties stipulated in this contract.
c. If Employee fails to perform continuously his/her duties for more than a week without any excuse.
d. If any of the information provided in Employee�s application is neither true nor accurate.
e. If it is determined that the Employee is prevented from or incapable of performing his/her duties set forth in Article 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.)
f. If the sick leave used by Employee pursuant to Article 13 hereof exceeds twenty (20) days.
2. In the event that this contract is terminated pursuant to the foregoing
a, school principal shall give written letter of dismissal notice 15 days prior, and pay Employee a pro rated salary based on the number of days Employee actually worked.
b, Employee shall be responsible for his/her return trip to his/her home country. Employee�s visa will subsequently be cancelled.
3. In the event of termination of this Contract pursuant to any of the provision set forth in the foregoing
a, within 8 months of this contract Employee shall immediately refund the loan(air fare) to Employer according to Article 5, item 4.
b, After 8 months of continuous employment or longer, Employee is not required to repay this loan(air fare).
4. If Employee is sentenced to a term of imprisonment (or any other more severe penalty), Employee shall automatically be dismissed and Employer will not provide any financial compensation.
Article 16 - Governing Law, Language and Venue
1. The terms of this contract and the rights and obligation of the parties hereto shall be construed, interpreted and determined in accordance with the laws of the Republic of Korea.
2. If a dispute or disagreement should arise in connection with or out of this Contract, the parties hereto shall first try to resolve it in accordance with a principle of good faith. However, if the parties fail to mutually resolve such disputes or disagreements or come to amicable settlements, their disputes or disagreements shall be finally resolved by arbitration of the Korean Commercial Arbitration Board.
3. The language of this contract is written in English. For the convenience of the employer this contract has been translated into Korean. In the event of a dispute, the English version of this contract will prevail.
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 in 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 Employment Contract in its entirety 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 TO 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.
Article 18 � Signature
In witness whereof, the parties hereto sign the Contract in triplicate on the date entered below with each party retaining one copy and submitting the third copy to an immigration office for Employee�s E2 visa application.
서명일(Signing Date) : ___________ 피고용자(Employee�s Signature): _________________
여권번호 (Passport No.)_________________________
고용자(Employer�s Signature): __________________ |
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