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Contract Review Help

 
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minnesota



Joined: 21 Dec 2008

PostPosted: Sat Jun 27, 2009 10:37 pm    Post subject: Contract Review Help Reply with quote

Hey everyone! I'm a first-timer and would like some advice on this contract. Anything you could point out would be helpful. Thanks so much!

As a side note, this is a Christian International School.


______ 3. INITIATION AND RENEWAL OF THE CONTRACT PERIOD OR TERM:
A. The School and the Teacher hereby agree that the Teacher shall teach at the School for a
fixed term of 12 months, commencing on July 15, 2009 or any other that the Teacher and
the School agree on, which shall be noted in writing on a separate agreement.
B. If the Teacher wishes to renew his/her contract at the end of one year, he/she must inform
the School two(2) months prior to the end of the contract period, and the contract may, if
the Teacher and the School (�both parties�) agree, be renewed at that time for a period that
both parties agree on. Unless both parties agree otherwise, all of the terms and conditions
of this contract shall continue to take effect under renewal.
C. This Agreement is self-terminating at the conclusion of the contact period. No further notice
needs to be given to that effect.

______ 4. PROBATION PERIOD:
A. The Teacher will be on probation during the initial four (4) months. If the Teacher does not
fulfill the Employment Agreement�s minimum requirements, he/she will not be allowed to
continue teaching. In this case airfare (reimbursement), severance pay and/or any pension
reimbursement will not be granted.

______ 5. DUTIES AND RESPONSIBILITIES OF TEACHER:
A. The Teacher is responsible for familiarizing him/herself with all School materials relevant to
teaching the assigned subjects. The teacher shall faithfully facilitate learning and assist
students toward the achievement of their potential.
B. Further responsibilities are as follows:
a. Prepare materials for classes, teach and evaluate student�s work
b. Carry out all required administrative duties connected with classes assigned.
c. Participate in student activities.
d. Review and develop curriculum, as necessary.
e. Turn in a six-month self-evaluation form
f. Attend workshops* and other professional development opportunities.
g. Perform other duties, as mutually agreed.
*Payment made for assigned teaching hours is inclusive of payment for preparation,
administrative duties, and attending meetings and workshops as scheduled by the School.

______ 6. WORKING SCHEDULE:
A. The Teacher�s hours will be from 8:00 am to 5:00 pm or from 1:00 pm to 10:00 pm, Monday
to Friday, including a meal time. The School will do its best to maintain a fixed schedule
from 8:00 am to 5:00 pm, but in case it has to change to the other shift, namely from 1:00
pm to 10:00 pm, it shall ask the Teacher for understanding and agreement.
B. The Teacher�s maximum teaching hours per week are 24 classes (a class constitutes 50
minutes of teaching and 5 to 10 minutes for break). The Teacher�s schedule will be
determined by the principal of the School.
C. The School may require the Teacher to participate in weekend events by mutual agreement.

______ 7. TEACHER�S SALARY:
A. The Teacher�s total monthly salary shall be 2.7 million KRW. The Teacher�s annual salary
totals 32.4 million KRW plus a severance pay of 2.7 million KRW.
B. If the Teacher should be absent from work without obtaining prior approval, his/her salary
for that month shall be lessened by the amount calculated on a pro rata basis for the
number of unauthorized absent days.
C. The Teacher�s salary will be paid into a Korean bank, of the Teacher�s choosing, on the 29th
of each month, for which the Teacher is currently working; or if this day is not a business
day, the salary will be paid on the next business day after 29th.
D. The Teacher�s salary is subject to such deductions as may be required by applicable Korean
laws and regulations.

______ 8. OVERTIME:
A. Weekly class teaching hours exceeding the maximum amount of twenty-four (24) teaching
hours will be considered teaching overtime.
B. The Teacher may only choose to work overtime, not by contractual obligation. When the
Teacher and the School reach a mutual agreement about working overtime, and the Teacher
does so, the School shall pay the Teacher for working overtime at the rate of 25,000 KRW
per hour (or any higher amount that the School decides to pay). This overtime will be paid
along with the normal monthly salary on the pay day.

______ 9. HOUSING:
A. The School will provide the Teacher with an accommodation free of charge. The School
retains the right to choose the type of accommodation.
B. The accommodation shall be semi-furnished with basic furnishings.
C. Costs for all utilities including electricity, gas, phone, internet, and TV subscriptions shall be
borne by the Teacher.
D. The Teacher will pay the School 500,000 KRW as security deposit for the accommodation
provided by the School. This deposit will be deducted from the Teacher�s salary on the
second month of the Teacher�s contract period, and upon completion of the Teacher�s
period of employment, the security deposit will be refunded to the Teacher, after deduction
of any outstanding monthly bills and/or expenses for repairs beyond normal wear and tear
to the accommodation.
E. If the School is unable to provide accommodation for any reason, the School shall pay a
monthly housing allowance of 500,000 KRW to the Teacher in addition to his/her monthly
salary.
F. The Teacher shall be responsible for any loss or damage to the School provided housing
caused either by themselves or by their guests.

______ 10. MEDICAL CARE AND NATIONAL FUND:
A. The School shall pay half of the Teacher�s medical insurance (2.54% after deduction of non
taxable portion), pursuant to the National Medical Insurance Act of Korea, and the Teacher
shall contribute the other half (2.54%) from the teacher�s salary. For clarification, 2.54% of
the Teacher�s salary will be deducted from 2.7 million KRW every month.
B. The School shall pay half of the Teacher�s National Pension Plan (4.5% after deduction of
non taxable portion), pursuant to the National Pension Corporation Act of Korea, and the
Teacher shall contribute the other half (4.5%) from the Teacher�s salary. For clarification, 4.5%
of the Teacher�s salary will be deducted from 2.7 million KRW every month.
C. National Pension Plan contributions will be refunded 100% if the teacher is American,
Canadian, Australian, or German.

______ 11. INCOME TAX:
A. For the purpose of reporting the Teacher�s income tax, the School shall withhold 3.3% of
the Teacher�s gross monthly salary after deduction of non taxable portion of Korean income
tax.
B. However, the percentage of 3.3% is subject to change in accordance with the change of
relevant regulations. The School will inform the Teacher in advance of any such event.

______ 12. HOLIDAYS AND VACATION:
A. The Teacher is off work on weekends and all Korean national holidays unless the Teacher
agrees to join any school event that may be held on these occasions. The Teacher�s regular
monthly salary will not be deducted for these off days.
B. The Teacher shall be entitled to four (4) weeks of paid vacation during the term of the
contract. The Teacher shall take two (2) consecutive weeks during summer break, and two (2)
consecutive weeks during winter break. Both the summer and winter break when the
Teacher is allowed to have a paid vacation should come at least three months after the
onset of his/her employment.

______ 13. SICK DAYS:
A. The Teacher is allowed to have one paid sick day per month, up to five cumulative paid sick
days during the contract period, only for serious illness or extreme personal emergency,
which must not be used as personal vacation.
B. Any absence beyond the five paid sick days will be deducted from the Teacher�s pay on a
pro rate basis.

______ 14. AIRFARE:
A. The School shall pay a reimbursement for the round-trip airfare that the Teach has already
paid, subject to the terms 14.B, and 14.C hereunder, so that the Teacher can come to Korea
at the beginning of the contract, and go back to the Teacher�s home country at the end of
the contract.
B. In case an airfare reimbursement is made, the Teacher must submit the original airplane
ticket (or a copy of an e-ticket purchase document) and the receipt to the School for proof
of his/her purchase of the ticket. Reimbursement is made in two steps: half of the airfare
shall be reimbursed after the Teacher completes the first four months of the contract period,
and the second half of the airfare shall be reimbursed only after the Teacher successfully
completes the contract term.
C. If the Teacher fails to fulfill the conditions of the contract, the airfare must be repaid by the
Teacher. For Teachers hired locally, upon faithful completion of the contract, the School shall
agree to pay either a one-way airplane ticket back home or a transportation allowance of
700,000 KRW upon leaving the position, whichever option the School decides to take.

______ 15. PERSONNEL POLICIES:
A. Secondary Employment
The Teacher is expected to make a commitment to their primary employer, the School.
The Teacher will not teach in any other school or at any other educational institution or
company without written approval from the School. The Teacher will not privately tutor
students for money without prior approval from the School.
B. Conflict of Interest
It is expected that the Teacher will not put him/herself in a situation which is or has the
appearance of being a conflict of interest. In examining his/her conduct to see if a
potential for conflict exists, the Teacher should ask him/herself if the action is free of any
signs of favoritism, inappropriate influence in decision-making or personal gain. A conflict
would be deemed to exist if the Teacher were offering a service which is competition with
the services which the School offers or is planning to offer. In case where there is a
question regarding a potential conflict of interest or ethical violation, the principal of the
School will make a determination regarding the matter and will inform the Teacher.
C. Code of Conduct
a. The Teacher shall not behave in any manner which may damage or tarnish the
reputation of the teaching profession, and shall comply with and observe any code of
conduct applicable to teachers in Korea. The Teacher shall not be involved in any
activities which may cause harm to the students or be of detriment to the reputation
of the School.
b. The Teacher is required to wear neat attire while at the School. What is loosely called
�the American business casual� should be the minimum acceptable clothing the
Teacher may wear within the precinct of the School.
c. The following forms of behavior will not be permitted:
1) Not following scheduled class timetables and dismissing, canceling, or starting
classes late without the prior approval of the principal.
2) Conducting class while under the influence of alcohol, while smoking, or under
the influence of illegal drugs.
3) Making sexual advances towards, or entering into inappropriate relationships with
students of the School.

______ 16. TERMINATION:
A. The School shall have the right to terminate this contract if the teacher violates the contract.
At least two weeks of termination notice will be given to the Teacher in such a case.
B. The School may terminate or cancel this contract upon occurrence of any one of the
following events:
a. If the Teacher violates the laws of the Republic of Korea..
b. If the Teacher fails to perform or unsatisfactorily perform any of the duties stipulated in
this contract.
c. If the Teacher fails to perform continuously his/her duties for more than five consecutive
days without any excuse.
d. If any of the information provided in the Teacher�s application is neither true nor
accurate.
e. If it is determined that the Teacher is prevented from or incapable of performing his/her
duties for a medical reason, whether physical or psychological.
In the event that this contract is terminated, the Teacher will be paid a prorated salary based
on the number of days actually worked. The Teacher�s visa will subsequently be cancelled.
C. If the Teacher wishes to voluntarily resign from employment before the completion of this
contract, the Teacher must provide written notice to the School at least 6 weeks before the
resignation.
D. In case the Teacher resigns voluntarily within 8 months after the beginning of the contract
period, any amount paid by the School to reimburse the Teacher�s airfare shall be deducted
from the teacher�s last monthly salary.

______ 17. MODIFICATION OF THE AGREEMENT
A. Under any reasonable circumstances that the Teacher or the School cannot foresee at the
time of the initial signing of the Agreement, any modification of or addition to the terms of
the Agreement, before it can be made to have any effect at all, shall be made on the basis
of mutual agreement of the School and the Teacher.

______ 18. BOTH PARTIES HAVE CAREFULLY READ THIS CONTRACT:
B. Both parties have read the above conditions and agree in good faith to the terms contained
herein and they will attempt to resolve any disputes, which may arise, in accordance with
the terms of the contract, and in a reasonable manner.
C. Both parties duly agree to the terms of this contract as stated above.
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