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contract help

 
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plato's republic



Joined: 07 Dec 2004
Location: Ancient Greece

PostPosted: Wed Feb 23, 2005 11:24 am    Post subject: contract help Reply with quote

Does this seem like a good, run of the mill teaching contract in korea? is it too short or vague? are there any things that should be included that aren't? i noticed that perhaps it's not as inclusive as other contracts might be. any help appreciated.

Article 1: Employment of Employee
The Employer wants to pay the Employee as an English teacher for the Employer and the Employee agrees to work for the Employer as an English teacher at "school name", Korea.

Article 2: Period of Employment
The period of this contract is one year beginning form the date of the Employee's first working day at "school name".
Starting work date: March 28, 2005
Finishing work date: March 27, 2006

Article 3: Salary and Working Conditions
A) The minimum teaching requirement is an average of 30, 50 minute classes per week ( this is the time teaching classes.) This average in calculated over each month. Monday thru Friday are the teaching days except for scheduled public holidays and "school name" holidays.
B) The Employee shall be payed 2,000,000 Won (Korean currency) as a gross monthly salary. The first payment will be made one month after the Employee begins work. In no event shall the Employee wait any longer than 10 calendar days to receive the monthly salary. Income tax shall be deducted from the gross salary in accordance with the Korean Tax Code. No other cost shall be deducted from the Employee's salary without prior written consent from the Employee.

C) A severance payment equivalent of one months salary will be paid at the completion of the 12 month contract.
Article 4: Over-time Pay
If the Employer works more than 30 hours per week he or she will be paid 18,000 won per hour for the extra hours. This will be paid in addition to the salary at the end of each month.

Article 5: Policies
The following policies have been established to assist instructors in the regular school duties.
The Employer will have the right to dismiss the Employee for clear and frequent neglect of duties under this agreement.
A) The Employer shall request the resignation of the Employee if the Employee is found to be guilty of gross misconduct in the execution of his/her teaching duties, if the gross misconduct brings a negative effect to the classes, the Employer will dismiss the Employee and shall be free from any legal responsibility. However, the Employee will be notified in writing to ensure that the Employee is given adequate opportunity to correct the misconduct. If this is the case the Employer will give a minimum of 30 days notice of the pending action or alternatively will pay one months salary to the Employee.
B) Professional dress and grooming in the work place are essential to maintain the desired reputation. The Employer is responsible for establishing guidelines for professional dress.
C) 1) The Employee must behave in a professional manner during class. The Employee needs to be aware of the differences in the cultural background of Korean students and their expectations of the teachers if the Employee socializes with them outside of class.
2) The Employer will give full training to the Employee. The Employer will be responsible for the training of the following:
a) Teaching methods
b) Cultural differences.
D) The Employee should attend staff meetings should they be required. If the Employee needs to be absent the Employee must inform the Director as soon as possible prior to the meeting.
E) The Employee is required to interview new students and evaluate their placement levels.
F) The Employee shall return all instructional and related materials following completion of each session. The Employee may retain materials to prepare for future classes.

G) The Employee shall strongly adhere to prepared teaching materials for class and always be honest and diligent in teaching students in all classes.
H) The Employee shall agree not to teach at any other institutions or places without the permission of the immigration office.
I) If the Employee seeks release from the contract for cultural differences, homesickness or personal problems the Employee should report to the Employer. In this case the Employee agrees to work up until the new Employee arrives (not more than 3 months.) The Employee is required to return the airfare received from the Employer if the Employee has not completed 6 months of the contract. The Employee will be responsible for the return ticket.
J) The Employee will agree to prepare all class lessons in advance such as lesson materials, photocopies et cetera.
K) No changes to the schedule including additional working hours, split shifts or weekend work will be required without a prior negotiated agreement between the employer and employee.
Article 6. Benefits
A) Accommodation : the Employer will arrange accommodation in mutual agreement with the Employee The Employer will arrange and pay for a fully furnished accommodation for the period of the contract. And the Employee shall pay all living expenses including electricity water, gas, oil, phone etc. The accommodation will be a three bedroom apartment and will be unshared. Furnishings will include a clothes washer, computer with internet access, television, VCR, rice cooker, all cooking utensils, bedding, etc.
B) Health and Travel insurance : Medical(health) accident and Travel insurance will be offered to the Employee. The annual payment will be split between the Employee(the Teacher)and the Employer(the institute) For further details in regards to your insurance refer to your insurance guide book.
C) Travel allowance : The Employer will provide one way air ticket to Korea to the Employee and pick up the Employee at the airport The return airfare will be provided only after the completion of the one year contract.
D) Vacation days : In addition to public holidays the employee will be given 10 vacation days to be decided upon at least one month in advance with the agreement of both the employer and employee. A maximum of 5 consecutive vacation days can be given at any one time.
E) Sick days : Up to 5 paid sick days will be provided where necessary. If more than 5 days are needed the teacher must pay the costs of hiring a substitute teacher for the day
) The Employer's renewal of contract :
1) The Employer reserves the option to renew the contract. provided that the Employee agrees to the renewal.
2) The Employer will give the Employee 60 days notice before renewal or non-renewal of the Employee's current contract.
E) Severance pay will only be paid to the Employee after completion of the one year contract. It will be paid at the completion of one year even if the Employee renews the contract with the Employer.


Article 7. Governing Law and Jurisdiction
Any dispute under or in connection with this contract shall be submitted to binding arbitration to be conducted in Korea in accordance with the Korean Regulations and Codes. The parties agree to comply with all applicable laws in their performance of this agreement.
In witness whereof the parties have caused this contract to be executed as of the date of this contract.
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Grotto



Joined: 21 Mar 2004

PostPosted: Wed Feb 23, 2005 11:51 am    Post subject: Reply with quote

Quote:
Article 3: Salary and Working Conditions
A) The minimum teaching requirement is an average of 30, 50 minute classes per week ( this is the time teaching classes.) This average in calculated over each month. Monday thru Friday are the teaching days except for scheduled public holidays and "school name" holidays.


Maybe its just me but I dont like the wording minimum teaching requirement. It should just say the teaching requirement is 30 fifty minute classes per week. Get rid of the calculated over each month section it is superfluous and makes no sense.

Quote:
Article 4: Over-time Pay
If the Employer works more than 30 hours per week he or she will be paid 18,000 won per hour for the extra hours. This will be paid in addition to the salary at the end of each month.


Also have this changed from 30 hours to 30 fifty minute classes. 30x50=1500/60=25 hours 30 hours would be 36 classes, an important distinction IMO.

Quote:
B) Professional dress and grooming in the work place are essential to maintain the desired reputation. The Employer is responsible for establishing guidelines for professional dress.


Which are? Suit and tie?

Quote:
C) 1) The Employee must behave in a professional manner during class. The Employee needs to be aware of the differences in the cultural background of Korean students and their expectations of the teachers if the Employee socializes with them outside of class.


Unless they are adult students dont...if they are be careful

Quote:
2) The Employer will give full training to the Employee. The Employer will be responsible for the training of the following:


In my experience this never happens. Usually its welcome to Korea, here is your classroom, here are your students, get to work!

Quote:
E) The Employee is required to interview new students and evaluate their placement levels.


Add in this time will be counted towards overtime payment. Too many people do this for free, sometimes being dragged in on Saturdays for no pay.

Quote:
J) The Employee will agree to prepare all class lessons in advance such as lesson materials, photocopies et cetera.


Ask how much time is required to prepare for each class. Any more than 30 minutes a day should be paid.(it wont be but we can always hope)

Quote:
A) Accommodation : the Employer will arrange accommodation in mutual agreement with the Employee The Employer will arrange and pay for a fully furnished accommodation for the period of the contract. And the Employee shall pay all living expenses including electricity water, gas, oil, phone etc. The accommodation will be a three bedroom apartment and will be unshared. Furnishings will include a clothes washer, computer with internet access, television, VCR, rice cooker, all cooking utensils, bedding, etc.


Add in air conditioning, summers here are brutal!

Quote:
E) Sick days : Up to 5 paid sick days will be provided where necessary. If more than 5 days are needed the teacher must pay the costs of hiring a substitute teacher for the day


Not a chance in hell! No way should you agree to paying for your substitute!

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