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Incognito
Joined: 20 Dec 2004 Location: Teacher centered hell!!!
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Posted: Sun Jan 23, 2005 6:43 pm Post subject: Would someone please take a look at this contract... |
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and point out any 'red flags' that may be present? Thanks in advance.
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2005� ����� ��������� �����༭
CONTRACT FOR 2005 ENGLISH PROGRAM IN KOREA
���ѹα� �� ����� ���꿩�����������б���(���� �������ڡ��� �Ѵ�)��, �̱� �����̸� �̱��� �ּҸ� �� ����� (����) David Cook (���� ���ǰ����ڡ��� �Ѵ�)�� ���ѹα��� ����� ��������� ��û?Ȱ�� ����� ���Ͽ� ������ ���� ���� ����� ü���Ѵ�.
This Employment Contract (hereinafter this ��Contract��) is made by and entered into between the Principal of Osan Girls' Information High School in Osan City, the Republic of Korea (hereinafter ��Employer��), and the native English speaker (Name) David Cook (hereinafter ��Employee��) a(an) American citizen residing in America
��1�� (����) �� �����༭�� ������û�� ����� ��������� ��û?Ȱ�� ����� ��ȯ���� ��û�� �ǰ������� ������ ���� ���ǿ� ���� ������ �������� �������� �Ѵ�. ����(Signature)
������(Employer)
���꿩�����������б���
�ǰ�����(Employee)
Article 1 (Purpose) This contract is made for the purpose of setting forth the terms and conditions of employment for the native English speaker who will participate in the English Program of Kyonggi Province Education Office.
��2�� (������) �����ڴ� �ǰ����ڸ� [�� ��������� 1���/ �� ��������� 2���/ �� ��������� 3���]���� �����Ѵ�.
Article 2 (Status of Employment) Employee shall be hired pursuant to this Contract as a
�� 1st level ELI ( English Language Instructor )
�� 2nd level ELI
�� 3rd level ELI
��3�� (�ӹ�) ����� ���������� �ٹ��ϴ� �ǰ������� �ӹ��� ������ ����.
1. �ѱ��� ����� ���� ������ �ǽ��Ѵ�.
2. ���� ���� ���� �ڷḦ �����Ѵ�.
3. ���� ���� ���� �����ڷ��� ������ �����Ѵ�.
4. �б� ���� Ȱ�� �� ��Ÿ Ư��Ȱ���� �����Ѵ�.
5. �ѱ��� ���� �� �л��� ���� ���� ȸȭ ������ �ǽ��Ѵ�.
6. �����ڰ� �����ϴ� ��Ÿ�� ������ �����Ѵ�.
Article 3 (Duties) ELIs shall perform the following duties:
1. To assist Korean teachers with their English class(es) and/or jointly conduct English class(es);
2. To prepare teaching materials for English class(es);
3. To assist with the development of teaching materials related to English language education;
4. To assist with activities related to English language education and other extracurricular activities within the place of employment;
5. To conduct English conversational class(es)/course(s) for Korean teachers and students, and
6. To perform other educational duties as designated by Employer within the place of employment..
��4�� (����Ⱓ)
�� ����Ⱓ�� 2005�� 03�� 01�Ϻ��� 2006�� 02�� 28�ϱ����� �Ѵ�.
�� �ǰ����ڰ� ����κ�������μ� Ÿ ��?�������� �ٹ� ����� �ִ���, �����ڰ� ����ǹǷ� Ÿ ��?�������� �ٹ� �Ⱓ�� �� ���� ��� �Ⱓ�� �ջ���� �ʴ´�. ����, �� ����� 2005�� 03�� 01���� ���� �����Ϸ� �ϴ� �ű� �����̴�
Article 4 (Term of Employment)
��The Term of Employment shall commence on March 01, 2005 and end on February 28, 2006.
�� This employment period is not continuance and should not be considered as continuance of any former employment in other city/province. Hence, Employer shall hire Employee as a new ELI, commencing on March 01, 2005.
��5�� (����)
�� �ǰ����ڴ� ��4���� ������ ����Ⱓ���� �� 3���� ������ �ӹ��� �����Ѵ�.
�� ���� ���� �ǰ����ڰ� �Ұ����ϰ� ����Ⱓ �ߵ��� ������ ��쿡�� �ּ��� 30�� ���� �����ϰ��� �ϴ� ���ڿ� ������ �������� �����ڿ��� �뺸�Ͽ��� �Ѵ�.
�� �ǰ����ڰ� �����ϴ� ��쿡�� �ͱ��װ���� �ǰ����ڰ� �δ��ϸ�, �ǰ������� ���ڴ� ��ҵȴ�.
Article 5 (Resignation)
�� Employee shall perform the duties set forth under Article 3 hereof during the Term of Employment set forth under Article 4 hereof.
�� However, if Employee wishes to resign from the English Program In Korea and thereby terminate this Contract, he/she must give Employer a thirty (30) day prior written notice of resignation stating a date of and a reason for resignation.
�� In case of Employee's resignation, the airfare for the return flight shall be borne by Employee, and his/her visa shall be cancelled.
��6�� (�ٹ���)
�� �����ڴ� �ǰ������� �ٹ����� ������ ������� ������ �� �ִ�.
�� �����ڴ� �б� ���бⰣ���� �ǰ������� �ٹ����� ����û, ������� �� ����������� �ٹ��ϵ��� ������ �� �ִ�. �� �� �ǰ����ڴ� �߰��� ������ �䱸�� �� ����.
Article 6 (Work Place)
�� Employer may designate multiple Work Places for Employee as shown below.
�� Employer may designate Employee to work at a Provincial Office of Education, training center or other educational institute while school is in recess. In this case, Employee shall not claim for any additional pay other than the monthly salary.
��7�� (�ٹ��ð�)
�� �ǰ����ڴ� ���� 8�ð�(���ɽð� ����), �� 5���� �ٹ��ϸ�, ����ϰ� �Ͽ��� �� ���ѹα� �������� �ٹ����� �ʴ´�.
�� �ǰ������� �ٹ��ð��� ���ѹα� �������� ����� �ð��� �ؿ��ϵ� �б����� ���ϴ� �ٿ� ���� ������ �� �ִ�.
�� �ǰ������� �ִ� ���� ���� �ð� ���� 22�ð��� �ʰ����� �ʴ´�. ����������� �ִ� ���� �����ð����� 22�ð��� �ʰ��ϴ� ��쿡�� �ʰ��ϴ� �ð��� ���Ͽ� �ѱ��� ���翡�� ���Ǵ� ������������ ������ ������ �����Ѵ�.
�� �Ҽӱ������ �ǰ����ڿ��� ���� �ٹ��� �Ǵ� �ٹ��ð� �̿��� �ٹ��� ������ �� �ִ�. �� ��쿡�� �ð��� ������ �����Ѵ�.
Article 7 (Work Hours)
�� Employee shall work eight ( hours per day (excluding lunch hour) for five (5) calendar days per week from Monday to Friday and shall not work on Saturdays, Sundays and any national holidays of the Republic of Korea.
�� The Work Hours of Employee may follow the normal work schedule of civil servants of the Korean Government; however, such Work Hours may be adjusted by Employer as he/she deems appropriate.
�� Actual class instruction hours of Employee shall not exceed twenty two(22) hours per week. If, however, Employee's actual weekly class instruction hours exceed twenty two(22) hours due to supplementary class instruction, Employee shall be entitled to a supplementary class instruction pay at the rate applicable to Korean teachers for the supplementary class instruction hours.
�� Employer may require Employee to work overtime in addition to normal Work days and Work Hours. In this case, overtime pay will be provided.
��8�� (����)
�� �ǰ������� ������ �ſ� ��ȭ 2,200,000���̸�, ���ѹα����� ���� �ҵ漼�� ���ο���(���ȯ��)�� ��õ ¡���Ѵ�.
�� ������ �ſ� 25�Ͽ� �����Ѵ�. ���� �� ���� �ٹ����� �ƴ� ��쿡�� �� ������ �����Ѵ�.
�� �ǰ������� �ٹ����� �� ���� ���� �ʴ� ��쿡�� �ٹ� ������ �Ǵ� �����Ͽ� ���� ���� ������� ������ �����Ѵ�.
�� �ǰ����ڰ� ���� �㰡 ���� ���ܰ�� �Ͽ��� ��쿡�� ����ϼ���ŭ ���� ����Ͽ� �������� ������ �� �ִ�.
�� �ǰ����ڴ� �� �� ������ ���� �̿ܿ��� ��ü�� �ٸ� ������ û���� �� ����.
Article 8 (Salary)
�� Employee shall be paid the total amount of 2,200,000 Korean Won per month. However, the Korean income tax and the national pension contribution (non refundable payment), as required under Korean law, shall be withheld each month from Employee's salary.
�� Employee's salary shall be paid on the 25th of each month. If this day falls on a national holiday, Saturday or Sunday, the salary will be paid on the preceding 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 obtaining a prior approval, the pay will be deducted from the salary by the amount calculated on a pro rata basis for the number of absent days that are not notified.
�� Employee shall not claim, against Employer, any remuneration and/or payment other than those provided in this Contract.
��9�� (����)
�� ��4������ ���� ����Ⱓ�� �ǰ����ڿ� �����ڰ��� ���ǿ� ���Ͽ� 1�� ������ ���� �� �� �ִ�.
�� ���� ��1���� ������ ���� ������ ü���ϴ� ��� �ǰ����ڴ� ����Ⱓ ������ 2���� ������ ���� ���밳���� ������ ���� 2�ְ� ������ �湮�� �� �ִ�. �� ���� �湮�Ⱓ�� ����Ⱓ�� ���ԵǸ�, ���� ������ ���ȴ�.
�� ������ ü���� �ǰ����ڰ� ������ �湮�ϴ� ��쿡 ���Ͽ� �����ڴ� �ѱ� ��õ ���װ� �ǰ����� ���� ���� ���������� �ִܰŸ� �պ� 3� �װ��Ḧ �ǰ����ڿ��� ���Ա� �� ��11�� ��1�� ���� �����Ѵ�.
Article 9 (Renewal)
�� The Term of Employment stated in Article 4 may be renewed by the mutual written agreement between Employer and Employee, provided that each renewed employment term does not exceed one (1) year.
�� In case of renewal of the contract, Employee will have two weeks of extra vacation called Home Leave which will take place 2 calendar weeks prior to the end of the contract specified in Article 5 until the commencement of the renewed term. This leave will be counted as part of the contract so Employer will pay the monthly salary to Employee.
�� If Employee decide to take the 2 weeks leave travels to his/her home country pursuant to the foregoing ��, Employee's round trip airfare shall be reimbursed by Employer after Employee's return to Korea upon commencement of the renewed contract. The round trip airfare for Employee's flight shall be based on rate provided for in Article 11 �� hereafter.
��10�� (�װ���)
�� �ǰ������� �Ա��װ����, �ǰ������� �Ա��� �����ڰ� �ǰ������� ���� �������� �ѱ� ��õ ���ױ����� �ִ� �Ÿ��� �������� �� 3� �װ������ �뿩�Ѵ�. ������ ���ϸ� �ҹ��ϰ� ������ �����Ϸκ��� 6���� �̸��� �� ����� ��� ����Ǵ� ��� �ǰ����� (������ ����)�� ������� ��� �� �뿩���� �����ڿ��� ��ȯ�Ѵ�. �ǰ����ڰ� ����Ⱓ �����Ϸκ��� 6���� �̻� �ٹ��ϴ� ��� ���� ���� �뿩���� ��ȯ �ǹ��� �����ȴ�.
�� �ǰ����ڰ� ����Ⱓ ����ñ��� �ٹ��ϰ� ����Ⱓ�� ����Ǵ� ���κ��� 10�� �̳��� �������� �ͱ��ϴ� ��� �����ڴ� ��1�� ���ϴ� �ͱ��װ��Ḧ �����Ѵ�.
Article 10 (Airfare)
�� The airfare for Employee's flight, actual purchasing price, to Korea shall be loaned by Employer based on an economy class airfare of the most direct flight available from his/her permanent residence to Incheon Airport. In case of the termination of this Contract within six (6) months, including renewals, regardless of course or ground therefore, Employee shall immediately pay back Employer the above mentioned loan. If Employee works more than six (6) months during the term of Employment from the date of commencement, Employee's obligation to pay back the loan shall be waived.
�� Employer shall pay for Employee's return flight based on the rate provided for in the foregoing ��If Employee works fully until the end of the Term of Employment and returns to his/her home country within 10 days from the expired date of the Term of Employment.
��11�� (�ְ�)
�� �����ڴ� �ǰ����ڿ��� �����ڰ� ������ �ְŸ� �����Ѵ�. �ְ� ���´� �Ӵ�����, ����, �Ǵ� ����Ʈ�� �����ϳ� �̿� �������� �ʴ´�. �ְ��� ��뿡 ���� ������������ �ǰ������� �δ����� �Ѵ�.
�� �����ڰ� ����Ⱓ���� �ְŸ� �������� ���ϴ� ��� �����ڴ� �ǰ����ڿ��� �ſ� ��ȭ 300,000���� �ְź� �����Ѵ�.
�� �ǰ������� �ְŰ� ������ ������ �����ڴ� �ӽ��ְŸ� ������ �� �ִ�.
�� �ְŸ� ������ ������ �ְź� ������ �������� �ǰ������� �ǰ��� ��� �ǰ����ڰ� �����ϸ�, �ϴ� ������ ���Ŀ��� ����Ⱓ���� �̸� ������ �� ����.
�� �����ڰ� �ְŸ� �����ϴ� ��� �����ڴ� ħ��, ��Ź �� ����, ����, ��������, �����, ��Ź��, ���ڷ���, �ڷ����� ���� ������ǰ �� ������ ������ �� ������, �ǰ����ڴ� �����ڰ� �����ϴ� ������ǰ �� ���� �̿��� ��ǰ�� �䱸�� �� ����.
Article 11 (Housing)
�� Employer shall provide Employee rent free housing selected by Employer. The type of housing maybe a leased house, a studio-type room, or an apartment. Any and all utility fees, charges, costs, expenses, etc. incurred in using the housing shall be borne by Employee.
�� Employer shall provide Employee with 300,000 Korean Won per month, as a rent subsidy if Employee wishes to choose to have a housing allowances in lieu of the housing set forth in the foregoing ��.
�� Employer will provide temporary housing in case the housing is not fully ready by the time Employee gets to Korea.
�� Employer shall discuss with Employee whether to provide with housing or a rent subsidy. Once decided, the decision should stay the same during the term of Employment.
�� If Employer provides housing to Employee, Employer will provide, appliances and furniture such as a bed, table and chairs, a closet, a gas range, a refrigerator, a washing machine, a microwave, and a TV set. Employee shall not request or demand any other appliances or furniture than those that are mentioned above.
��12�� (��Ÿ ����)
�� �����ڴ� �ǰ����ڿ��� ������ 300,000���� ������ ù�� 1ȸ�� ���Ͽ� �����Ѵ�. ������ ���ϸ� �ҹ��ϰ� ������ �����Ϸκ��� 6���� �̸��� �� ����� ��� ����Ǵ� ��� �ǰ����ڴ� ������� ��� �������� �����ڿ��� ��ȯ�Ѵ�.
�� �����ڴ� �ǰ����ڿ��� �ǷẸ���(�ǰ����� 1���� ��Ģ���� �ϵ�, ���� ���� �� ���� �����ǷẸ��� ����) 50%�� �����Ѵ�.
Article 12 (Other Benefits)
�� Employee shall be entitled to settlement allowance of 300,000 Korean Won when he/she first arrives in Korea. In case of the termination of this contract within six (6) months, regardless of course or ground therefore, Employee shall pay back Employer the fore mentioned allowance.
�� Employer shall provide Employee with half of the premium of the medical insurance pursuant to the National Medical Insurance Act of Korea. In the event Employee has his/her family living with him or her in Korea, Employer will also provide and pay for medical insurance premium for Employee's family.
��13�� (�����ް�)
�� �����ڴ� �ǰ����ڿ��� ��4���� ������ ����Ⱓ���� 14�ٹ���(���� ���бⰣ �� 7��, �ܿ���бⰣ�� 7��, �� ������� �ٹ��ô� ���б�� 7�Ͼ� ������ �������)�� �����ް��� �ش�.
�� �� �����ް��� �ޱ� ���ؼ��� 15������ �Ҽӱ���忡�� �ް��� ��û�Ͽ� ������ �ƾ� �Ѵ�.
Article 13 (Vacation)
�� Employee shall be entitled to a vacation period of total of a fourteen (14) workdays during the Term of the Employment set forth in Article 4 hereof, provided that employees working in a school system shall take the leave up to seven workdays each during the summer and winter recess and employees working in a training center shall take the leave up to seven workdays each, during each semester, not interfering with the training sessions.
�� Employee shall apply for and obtain Employer's consent to take a leave at least fifteen (15) days in advance.
��14�� (����) �� �ǰ����ڴ� ����Ⱓ �� ����� �� ���� ������ ��ȯ�� ���� �� �Ҽӱ������ ���� ������ �� �������� ���� �� �ִ�.
�� ������ �Ⱓ�� 7���� �ʰ��ϴ� ���(���ϰ� ��ٹ����� ����)���� �ǻ��� ���ܼ��� �Ҽӱ���忡�� �����Ͽ��� �Ѵ�.
�� �ǰ������� ������ �Ⱓ�� ����Ⱓ���� �� 15�� �̳��̸�, 15���� �ʰ��ϴ� ��쿡�� �������� �Ѵ�.
Article 14 (Sick Leave)
�� Employee shall be entitled to 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.
�� When Employee takes a sick leave for more than seven (7) days (inclusive of a national holiday, Saturday and Sunday), Employee shall submit a practicing doctor's medical report to Employer.
�� Employee's paid sick leave during the Term of Employment shall not exceed fifteen (15) calendar days. If Employee requires a sick leave for more than fifteen (15) calendar days, Employee may take a further sick leave without pay.
��15�� (Ư���ް�)
�� �ǰ����ڴ� ���� ��ȣ�� ������ ���� ��� Ư���ް��� ���� �� �ִ�.
1. �ǰ����� ������ ��ȥ 7��
2. �ǰ������� �θ� �Ǵ� ����� ��� 7��, �ڳ� ��� 5��
3. �ǰ����� ������ ��� ���ĸ� ���Ͽ� 90��
�� ���� ��1�� �� ȣ�� ������ ���dz�, ��3ȣ�� ���� 60�Ͽ� ���Ͽ� ������ ���ȴ�.
Article 15 (Special Leave)
�� Employee may take a Special Leave for a number of days as set forth below for each of the following events:
1. Seven (7) calendar days for Employee's marriage.
2. Seven (7) calendar days for the death of Employee's parent or spouse; five (5) calendar days for the death of Employee's child.
3. In case of a female Employee, ninety (90) calendar days for a maternity leave.
�� Special leaves specified in items �� are available with pay. However, maternity leave shall be available with pay for only the first sixty days.
��16�� (����)
�� �ǰ����ڴ� ������ ǰ���� �ջ��Ű�� �ൿ�� �Ͽ����� �ƴ� �ȴ�. �ǰ����ڴ� �ѱ��� ���翡 ����Ǵ� ���������� �ؼ��Ͽ��� �Ѵ�.
�� �ǰ����ڴ� ��4���� ������ ����Ⱓ���� �����ڰ� ������ �ٹ��� �̿��� �ٸ� ������� ���� ����(�ð��� �ٹ� ����)�� �� �� ����.
�� �ǰ����ڴ� �б� �� �л� ������ ��ĥ �� �ִ� Ȱ���� �Ͽ����� �� �ȴ�.
Article 16 (Codes of Conduct)
�� Employee shall not behave in any manner which may damage or tarnish the reputation of the teaching profession. Employee shall comply with and observe any codes of conduct applicable to Korean teachers.
�� Employee shall not engage in any other job (including a part-time job) during the Term of Employment set forth under Article 4 hereof.
�� Employee shall not be involved in any activities which may cause harm to the students or be of detriment to the reputation of the school.
��17�� (��� ����) �� �����ڴ� ������ ���� ��쿡 �� ����� ������ �� �ִ�.
1. �ǰ����ڰ� ���ѹα����� �����ϴ� ���
2. �ǰ����ڰ� �������� �������� �ƴ��ϰų�, �����ϰ� �ӹ��� �������� �ʴ� ���
3. �ǰ����ڰ� Ư���� ���� ���� 1�� �̻� �����Ͽ� �ٹ��� ���� ���� ���
4. �ǰ����ڰ� ������ �������� ������ ����� �ƴϰų� ������ �ִ� ���
5. �ǰ����ڰ� ��ü�� �Ǵ� ������ ��ȯ�� �־� ��� �ٹ��ϱ� ��ƴٰ� �ǴܵǴ� ���(�ǰ����ڴ� �����ڰ� �ǰ������� �䱸�ϸ� ��� �̿� ���Ͽ��� �Ѵ�)
6. �� ��� ��14������ ���� �ǰ������� �����Ⱓ(���� �� ���� ����)�� ����Ⱓ���� �� 30���� �ʰ��ϴ� ���
�� ���� ��1�� ��ȣ�� ������ ���Ͽ� �� ����� �����Ǵ� ��� �����ڴ� �ǰ����ڿ��� ������ ���� ����Ͽ� �����ϸ� �ͱ��װ���� �ǰ����ڰ� �δ��Ѵ�. ���� �ǰ������� ���ڴ� ��ҵȴ�.
�� ���� ��1�� ��ȣ�� ������ ���Ͽ� �� ����� �����Ǵ� ��� �ǰ����ڴ� ��10�� ��1�� ���� �뿩���� ��� ��ȯ�Ͽ��� �Ѵ�.
Article 17 (Termination of the Contract)
�� Employer may terminate or cancel this Contract upon occurrence of any one of the following events:
1. If Employee violates the laws of the Republic of Korea.
2. If Employee fails to perform or unsatisfactorily perform any of the duties stipulated in this contract.
3. If Employee fails to perform continuously his/her duties for more than a week without any excuse.
4. If any of the information provided in Employee's application is neither true nor accurate.
5. 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.)
6. If the sick leave used by Employee pursuant to Article 15 hereof exceeds thirty (30) days.
�� In the event that this Contract is terminated pursuant to the foregoing ��, Employer shall pay Employee a prorated salary based on the number of days Employee worked. In such event, Employee shall be responsible for the return flight to his/her home country. Employee's visa will subsequently be cancelled.
�� In the event of termination of this Contract pursuant to any of the provisions set forth in the foregoing ��, Employee shall immediately refund the loan to Employer pursuant to Article 10 �� .
��18�� (��� ���� �̿��� ����) ��Ÿ �� ��༭�� �������� �ƴ��� ������ �ǰ������� �ǰ��� �����Ͽ� �����ڰ� ���Ѵ�.
Article 18 (Matters not explicitly stated in the Contract)
About matters that are not explicitly stated in the Contract, Employer shall first take the employee's concerns into consideration and determine the importance of the matter.
��19�� (���ع��) ���� ����� ���� �������� �ǰ������� ���� �� ���� ���� �Ǵ� �̿� �����Ͽ� ���� ���ش� �ǰ����ڰ� �����ڿ��� ����Ͽ��� �Ѵ�.
Article 19 (Indemnity) Employee shall indemnify for and keep Employer harmless from any liability or damages arising from or in relation to any negligent, intentional or illegal activity of Employee during the Term of Employment under this Contract.
��20�� (�ذŹ�, ��� �� ����)
�� �� ��� �� �� ������ �Ǹ� �ǹ��� ���� ������ ���ѹα����� ���Ͽ� �ؼ��ǰ� �����Ǿ�����.
�� ���� ����� ���� �ѱ��̸�, �ٸ� ������ ������ ���Ǹ� ���� ���̴�.
�� ����ڵ��� ���� ���� �����Ͽ� ���� ������ �ذ��ϱ� ���Ͽ� ���Ǽ����� ��Ģ�� ���� ����Ͽ��� �Ѵ�. ���� ���� �����Ͽ� ���� ������ ��ȣ �����ϰ� �ذ��� �� ���� ��쿡�� ���ѻ�� ������� ��Ģ�� ���� ���������� ���翡 ���� �ذ�ȴ�.
Article 20 (Governing Law, Language and Venue)
�� The terms of this Contract and the rights and obligations of the parties hereto shall be construed, interpreted and determined in accordance with the laws of the Republic of Korea.
�� The Governing language of the Contract shall be Korean. The English translation of this Contract is made for the purpose of convenience.
�� 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 in Seoul, Korea in accordance with the Commercial Arbitration Rules of the Korean Commercial Arbitration Board.
��21�� (����) �����ڿ� �ǰ����ڴ� �� ��༭ ���̿� ����� ��¥�� ���� ��༭�� 3�� �ۼ��Ͽ� �� 1�ξ� �����ϰ�, ������ 1�δ� ���� ��û������ �����Ѵ�.
Article 21 (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 for Employee's visa application.
������(Dated) : 2005. . .
������(Employer's signature)
___________________________________________
����(Name) :
��å(Position) :
�ǰ�����(Employee's signature)
___________________________________________
����(Name)
��Ϲ�ȣ(Social security number) :
�ּ�(Address) : |
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Grotto

Joined: 21 Mar 2004
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Posted: Sun Jan 23, 2005 7:46 pm Post subject: |
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�� Employer may designate multiple Work Places for Employee as shown below. |
As long as they clear it with immigration no problem...however they will probably tell you that you wont need to(you do)
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�� Actual class instruction hours of Employee shall not exceed twenty two(22) hours per week. If, however, Employee's actual weekly class instruction hours exceed twenty two(22) hours due to supplementary class instruction, Employee shall be entitled to a supplementary class instruction pay at the rate applicable to Korean teachers for the supplementary class instruction hours. |
Which is? 20,000?
redflag(small one)
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�� Employer shall pay for Employee's return flight based on the rate provided for in the foregoing ��If Employee works fully until the end of the Term of Employment and returns to his/her home country within 10 days from the expired date of the Term of Employment. |
The payment for return airfare should be paid regardless of where you go. If you decide to go to the China afterwards they should pay out the cost of a flight to your home country. |
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Grotto

Joined: 21 Mar 2004
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Posted: Sun Jan 23, 2005 8:09 pm Post subject: |
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�� Employer may designate multiple Work Places for Employee as shown below. |
As long as they clear it with immigration no problem...however they will probably tell you that you wont need to(you do)
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�� Actual class instruction hours of Employee shall not exceed twenty two(22) hours per week. If, however, Employee's actual weekly class instruction hours exceed twenty two(22) hours due to supplementary class instruction, Employee shall be entitled to a supplementary class instruction pay at the rate applicable to Korean teachers for the supplementary class instruction hours. |
Which is? 20,000?
redflag(small one)
Quote: |
�� Employer shall pay for Employee's return flight based on the rate provided for in the foregoing ��If Employee works fully until the end of the Term of Employment and returns to his/her home country within 10 days from the expired date of the Term of Employment. |
The payment for return airfare should be paid regardless of where you go. If you decide to go to the China afterwards they should pay out the cost of a flight to your home country.
Article 11 (Housing) I would add in air con for furnishings. July and August are hellish here.
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Employee shall comply with and observe any codes of conduct applicable to Korean teachers |
I would ask for a copy of the codes of conduct.
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�� The Governing language of the Contract shall be Korean. The English translation of this Contract is made for the purpose of convenience |
This is one of the sections I had removed from my contract. I did not sign a Korean contract I signed the English one.....the fact that it is in both Korean and English is a moot point. If you dont understand Korean they could put whatever they wanted to and you wouldnt know.
Its a pretty good contract. You might be able to get them to change some of the minor points but nothing is really bad. |
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Incognito
Joined: 20 Dec 2004 Location: Teacher centered hell!!!
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Posted: Sun Jan 23, 2005 8:19 pm Post subject: |
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Thanks Grotto. I knew, based on the help you have given other newbiephytes, that I could count on you to provide me a response.  |
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panthermodern

Joined: 08 Feb 2003 Location: Taxronto
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Posted: Sun Jan 23, 2005 10:28 pm Post subject: |
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�� Employee shall work eight ( hours per day (excluding lunch hour) for five (5) calendar days per week from Monday to Friday and shall not work on Saturdays, Sundays and any national holidays of the Republic of Korea.
�� The Work Hours of Employee may follow the normal work schedule of civil servants of the Korean Government; however, such Work Hours may be adjusted by Employer as he/she deems appropriate.
�� Actual class instruction hours of Employee shall not exceed twenty two(22) hours per week. If, however, Employee's actual weekly class instruction hours exceed twenty two(22) hours due to supplementary class instruction, Employee shall be entitled to a supplementary class instruction pay at the rate applicable to Korean teachers for the supplementary class instruction hours.
�� Employer may require Employee to work overtime in addition to normal Work days and Work Hours. In this case, overtime pay will be provided. |
According to this you will teach 22 hours a week and spend 23 hours a week waiting around for classes.
Eight hours a day plus one hour lunch times five days a week equals 45 hours ...
With four weeks in a month; 180 hours per month, you will be contractually obligated to be at work.
Plus it states in #2 the Employer can change this at any time, including increasing the number of non-teaching hours.
Basically you will be on call 24/5 waiting around the "school" waiting for student to show up.
Trust me, you will be.
Quote: |
Article 3 (Duties) ELIs shall perform the following duties:
1. To assist Korean teachers with their English class(es) and/or jointly conduct English class(es);
2. To prepare teaching materials for English class(es);
3. To assist with the development of teaching materials related to English language education;
4. To assist with activities related to English language education and other extracurricular activities within the place of employment;
5. To conduct English conversational class(es)/course(s) for Korean teachers and students, and
6. To perform other educational duties as designated by Employer within the place of employment.. |
According to this you are required to "assist in th development of teaching materials"; this is where the 23 hours a week of non-teaching time will go to. (plus extracurricular activities).
Quote: |
Article 6 (Work Place)
�� Employer may designate multiple Work Places for Employee as shown below.
�� Employer may designate Employee to work at a Provincial Office of Education, training center or other educational institute while school is in recess. In this case, Employee shall not claim for any additional pay other than the monthly salary. |
This is illegal unless the "school" gets formal and written permission from immigration and/or the board of education.
With proper permission it is not illegal, just a pain in the ass.
Your travel time will not be counted as teachiong time and will help to further explain the 8+1 hours / day as outlined in the contract.
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Article 16 (Codes of Conduct)
�� Employee shall not behave in any manner which may damage or tarnish the reputation of the teaching profession. Employee shall comply with and observe any codes of conduct applicable to Korean teachers.
�� Employee shall not engage in any other job (including a part-time job) during the Term of Employment set forth under Article 4 hereof.
�� Employee shall not be involved in any activities which may cause harm to the students or be of detriment to the reputation of the school. |
This means your employer can fire you for non-illegal activities that he/she deems to be "unpopular" or outside of work.
My advice is to walk away, slowly, then turn and run.
BUT: It is mighty nice of them to give you 5 days off (unpaid) if your kid dies. |
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tzechuk

Joined: 20 Dec 2004
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Posted: Sun Jan 23, 2005 10:44 pm Post subject: Re: Would someone please take a look at this contract... |
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dgcook wrote: |
Article 8 (Salary)
�� Employee shall be paid the total amount of 2,200,000 Korean Won per month. However, the Korean income tax and the national pension contribution (non refundable payment), as required under Korean law, shall be withheld each month from Employee's salary. |
I believe that national pension IS refundable??
Quote: |
Article 11 (Housing)
�� If Employer provides housing to Employee, Employer will provide, appliances and furniture such as a bed, table and chairs, a closet, a gas range, a refrigerator, a washing machine, a microwave, and a TV set. Employee shall not request or demand any other appliances or furniture than those that are mentioned above. |
This is stupid. They say they will provide items *such as* and thens ay that you cannot request or demand anything extra... hmmm, what is their definition of *such as*?
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Article 14 (Sick Leave)
�� Employee shall be entitled to 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. |
This I do not understand. Do you PLAN to be sick? How do you get prior consent for sick leave? |
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Grotto

Joined: 21 Mar 2004
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Posted: Sun Jan 23, 2005 10:44 pm Post subject: |
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Panther
The contract is for a public school, while those of us who have been shafted repeatedly by hogwans it isnt the same kettle of fish.
I spend 40 hours a week at the school. I do teach only 22 classes a week(if more I do get overtime)
The school does count the lunch hour as time at school... I know it isnt written that way but they do.
While an unscrupulous hogwan owner would exploit everything you mentioned I dont think public school teachers need to worry. |
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panthermodern

Joined: 08 Feb 2003 Location: Taxronto
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Posted: Mon Jan 24, 2005 12:15 am Post subject: |
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I will admit that I missed that this contract is a public school.
I do not wish to debate the merits and flaws of being undercontract with a Korean public school, as I have heard both good and horror stories as well as having a not so positive personal experience teaching in public schools.
I will however personally NOT recommend signing a contract that obligates you to 40 hours a week for any employer.
In addition I think this contract is fishy, because of the "outside clause" which will surely be enforced during public school vaccation time.
That's my opinion. |
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schwa
Joined: 18 Jan 2003 Location: Yap
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Posted: Mon Jan 24, 2005 12:16 am Post subject: |
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Except for the wage, its identical to the contract I've signed 3 years running & intend to sign again. Its the EPIK contract, & its been widely borrowed by other public teaching positions.
I've had supervisors who were quite strict in their interpretation of it & others more lenient , but none have ever held me to every crossed t & dotted i. Consider it a framework for a good understanding.
My first supervisor had a punch-clock mentality about comings & goings, my second one was easy to let me go off-premise on flimsy excuses, & my current one doesnt care what I do so long as I meet all my teaching obligations. Hard to predict which you'll have but likely, as Derrek suggests, you'll at least find 9 to 5 includes your lunch break.
I teach in a few different venues. They are not indicated on my alien card but immigration has it all on file. I've never heard of a public school foreign teacher getting hassle on this technicality.
If you earn favor with your bosses, you might find the contract interpreted quite liberally in your favor. But sometimes you might be stuck with illogical duties that fall within the contract & you just gotta do them. Your supervisor may or may not be easy about bending plane ticket rules. Vacation time in the contract is a minimum -- you might luck out & get much more. Theres a lot of regular downtime within the public school schedule as well.
I suspect the posters above pissing on this contract have experience only with hagwons which often do try to wring every last advantage out of their teachers. If you go into the public school system as a pleasant & effective teacher, I think youre likely to be satisfied with how youre treated in return. But no guarantees!
Best luck. |
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tzechuk

Joined: 20 Dec 2004
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Posted: Mon Jan 24, 2005 12:30 am Post subject: |
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schwa wrote: |
I suspect the posters above pissing on this contract have experience only with hagwons which often do try to wring every last advantage out of their teachers. If you go into the public school system as a pleasant & effective teacher, I think youre likely to be satisfied with how youre treated in return. But no guarantees! |
I've never taught in a school. I just looked at the contract from a business point of view. |
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Incognito
Joined: 20 Dec 2004 Location: Teacher centered hell!!!
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Posted: Mon Jan 24, 2005 6:14 pm Post subject: |
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Thanks for the help guys and girls! I sent the revised, signed contract to Niki (my recruiter) this morning. Looks like I'm headed to Korea.  |
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panthermodern

Joined: 08 Feb 2003 Location: Taxronto
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Posted: Mon Jan 24, 2005 6:36 pm Post subject: |
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Public Schools in Korea never lie, cheat or steal. |
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