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Sample contract

 
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Grotto



Joined: 21 Mar 2004

PostPosted: Sun Jan 29, 2006 12:12 am    Post subject: Reply with quote

EMPLOYMENT CONTRACT

This contract is made between

Institute Name:




Full Address:

City/Province, Country

Hereafter referred to as the employer, and


Address:

City/Country:

Postal Code:

Hereafter referred to as the employee.


TERMS AND CONDITIONS

1. Job Description:

The employee will work for the employer as an English Instructor. The duties of the employee will be as follows:

a. Curriculum design and implementation
b. Development of educational programs and materials
c. Grading and evaluation of students
d. Attendance at teacher's meetings and workshops
e. Other activities directly related to teaching

2. Place of Employment:

The employee will work for the employer at the following address:

Institute:

Address:

City/Province, Country

The employee will not be expected to work outside the place of employment except with

a) Written approval from a Korean Immigration Official

b) Work outside the place of employment meets with the approval of the employee.

3. Period of Employment:

Pending the issuance of an E2 visa from Korean Immigration, the employee will work for the employer for a period not exceeding one year in accordance with the E2 visa.

The period of employment will begin on ____/____/200__ and end on ____/____/200__.

4. Regular Hours of Employment

Each class will consist of approximately 45 to 50 minutes in length, count as 1 teaching hour, be taught consecutively (no split shifts), and will cover of all duties mentioned in Section 1 above. The employee will work from Monday to Friday (excluding Saturdays and Sundays) for a total of 100 classes per month. All classes exceeding 100 classes per month will be consider as overtime classes.

5. Overtime Hours of Employment

The employee may choose to work over time classes at the following rate of 25,000 won per class.

6. Salary

The base salary paid for regular hours of employment will be ____ million won per month for 100 classes worked, payable at the end of each month worked by the employee. The salary will be paid to the employee once per month without delay for a period of 12 months. Overtime classes will be calculated and paid per month at a rate of 25,000 won per class.

In the event that the employer is unable to provide the employee with the regular 100 classes per month, the employee will still be paid a base salary of _____ million won per month.

7. Income Tax

Income tax will be deducted from the base salary at a rate of ___% or less per month in accordance with Korean Tax laws.

8. Health Insurance

The employer will provide adequate health insurance for the employee during the duration of this contract. The employer and employee will each share 50% of the total cost of health insurance. Upon request the employer will provide the employee proof of health insurance coverage. The employee is also entitled to 7 paid sick days per year.

9. Housing

The employer will furnish the employee with a fully furnished single studio, or 1 bedroom apartment consisting of basic appliances, including air conditioning and television. The apartment will be provided at no cost to the employee with the exception of utilities and telephone. The employer will also ensure that the apartment is a clean, quiet and a safe environment in which the employee can live comfortably while in Korea.

In return for a furnished apartment, the employee agrees to respect and care for the apartment, with the exception of normal repairs, in a respectful manner. Any outstanding bills belonging to the employee will be the sole responsibility of the employee.

10. Airfare

The employee will be provided with free round trip airfare to South Korea. The airfare will be provided to the employee before departure to South Korea.

11. Holidays

The employee will be paid for all national holidays and not be expected to work during these days, or be asked to teach make up classes due to the national holidays. If a the employee agrees to teach make up classes, the employer will pay the employee overtime for said classes.

12. Vacation Pay

The employee will receive ____ paid vacation days per year. Days in which the employee does not regularly work (i.e. Saturday, Sunday, and Korean holidays) are not to be considered as part of the vacation period.

13. Severance Pay

Upon completion of this contract, the employee will receive one month’s salary as severance pay in accordance with Korean Labor Laws. Under no circumstance will this severance pay be withheld from the employee.

14. Rights and Responsibilities

Both the employer and the employee are to be considered professionals and as such will treat each other with mutual respect and dignity. However, since the employee is working under contract for the employer, the employee will make every reasonable effort to follow the direction, training and supervision of the employer. The employee will also carryout the teaching assignments given by the employer in a professional manner.

15. Dismissal

The employer may dismiss the employee from employment under the following conditions:

a) Violation of the laws of the Republic of South Korea
b) Teaching classes while under the influence of drugs or alcohol.
c) Being late for class on a continuous basis.
d) Continuous failure to keep regularly scheduled class hours.
e) Repeated absences from classes without a valid reason.

With the exception of Section 15.a and 15.b above, the employer must first bring the problem to the attention of the employee in writing and make every attempt to resolve the situation. The employee will then follow the direction of the employer also and make every attempt to correct the problem. However, circumstances beyond the control of the employee are exempt from Section 15. Circumstances may include, but not limited to accident, death, and illness or unpredicted events.

16. Termination of Contract

With the exception of Section 15 of this contract, the employer or employee may cancel this contract with 30 days written notice. The employer can not dismiss the employee on the 10th month of employment, guaranteeing the employee the bonus money.

In the event that the employee seeks release from this contract, the employer must issue a letter of release to the employee upon request, without delay or fee being charged to the employee or potential employers. Under no circumstances shall the employer refuse the employee a letter of release or hinder the employee from securing future employment in Korea.

17. Resolving Disputes

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 15 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.

18. 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 and immigration.

19. Changes to Contract

There will be no changes or additions to this contract without the written consent and approval of both 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.

20. Release from Contract

With the exception of Section 16, both the employer and the employee are released from this contract in the case of:

a) Death, war, accident, or unforeseen events.
b) Failure to obtain an E2 visa from Korean Immigration
c) Failure to meet any or all of the terms and conditions of this contract

21. 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.

Both the employer and the employee have read and understood all the terms and conditions of this contract and do hereby enter into this contract which will be binding upon all parties, their heirs and successors.


Dated this _______________ day of __________________ 200__.

Employee’s Full Name: __________________________________
Employee’s Signature: __________________________________
Witness for Employee __________________________________
Witness Signature __________________________________


Employer’s Full Name: ___________________________________
Employer’s Signature: ___________________________________
Witness For Employer ___________________________________
Witness Signature ___________________________________

KOREAN INSTITUTE STAMP OR NOTARY PUBLIC STAMP:
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