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is this a decent newbie contract?

 
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panchotino



Joined: 16 Jan 2006
Location: scotland for now.

PostPosted: Wed May 10, 2006 9:42 am    Post subject: is this a decent newbie contract? Reply with quote

how's this?i've no esl experience.i'm happy enough with the school, highly recommended, in the area i want to be and the accomadation is pretty standard.i have an interview with them on the phone tomorrow and they want me to start in 3 weeks so at least they are planning ahead!!
go on grooto, go for it!
thank you.

1. Recitals.
The parties agree that the foregoing recitals are true and correct and incorporated herein by this reference.
The Employer hereby employs the Employee to teach the English language in the form and manner defined by the Employer and under the conditions set herewith in this agreement. The Employee will be employed by the English Language Institute at the address of the Employer (hereinafter called the "place of employment.�)

2. Employment.
The Employee's job description shall be defined under section 2.2 and for clarity purposes can be summarized here as the following:
i. ESL instruction in any and all phases or the employer's program to classes that range from elementary students to high school students (adult) level.
ii. Attendance at scheduled meetings and teachers meetings (before/after classes as deemed by the Employer) and attends workshops as deemed by the Employer.

2.2 Job Description.
i. English teacher/instructor: the Employee, as an English teacher will direct and guide the students in conversational English, and as such minimal class preparation is required. The Employer will provide the Employee with all teaching materials necessary to conduct the class. The Employee is expected to conduct the class without assistance.
ii. Native English Speaker: The Employee, as a Native English Speaker, will instruct the students in pronunciation exercises. The Employer will provide the necessary material to conduct such exercises. The Employee has the option to prepare and discuss class studies with a Korean English Teacher and may be assisted by a Korean English Teacher.
iii. During the term of this agreement, the Employee shall strictly comply with the instructions and shall carry out assignments as directed by the Employer. These duties shall include, but is not limited to, all phases of the instructional program, classroom administrative duties, and regular attendance at scheduled staff meetings and workshops.
iv. With the demand of being positioned to other teaching places, the Employee is required to respond to it on the condition that the Employer gets permission, in the form of an amendment to the Employee�s Alien Registration Card, from a Korean immigration office so that it is legal.

2.3. Period of Employment.
The total term of this contract is for a one-year period. The contract shall be renewable upon mutual consent of the Employer and the Employee. Commencing the day of , 2006 to the day of , 2007.

2.4 Working Hours.
Classes will be held from Monday to Friday. During the term of this agreement, the Employee shall provide his or her lesson for approximately six hours per day. Classes and teaching are scheduled in accordance with the needs of the institute and are thereby deemed "flexible" and therefore teaching schedules may change on a daily, or weekly, basis.

2.5 Overtime.
In addition to the aforesaid period of classroom assignments, each week the Employer may require the Employee to perform classroom duties in excess of 6 hours a day (hereinafter called "overtime").
Only class contract periods in excess of 6 hours a day, and approved by the Employer, shall be paid in addition, over and above, the salary set forth herein. Overtime accrued, during any given monthly period, shall be paid on the last teaching day of the month in the amount defined in section 3 of this agreement.

3. Salary.
The Employer shall pay the Employee a monthly salary the amount of which is two million, one hundred thousand won (2,100,000) in Korean currency.
The salary is considering 30 hours a week and the payment will be once a month.
Overtime classes will be paid twenty thousand won (20,000) per hour.

3.2 Severance.
Upon completion of the full one-year contract period, the employee will be provided an additional bonus of one full month�s salary (2,100,000 won).

3.3 Deductions.
The Employer represents that the Employee's entire monthly income tax shall be less three point three percent (3.3%).
50% of the annual cost of medical insurance will be deducted equally, at two point two four percent (2.24%), from the Employee's salary over the twelve months of employment. The other 50% will be paid be the employer. No other deduction of any type whatsoever shall be deducted from Employee's salary without prior consent from Employee. The only exception is in the case of an Employee missing a scheduled class. In that case 20,000won will be subtracted per class.

4. Holidays.
Holiday: There are 13 to 15 Korean holidays per year. Employee is not required to work on these days and no deduction will be made from their monthly salary.
Paid vacation: The Employee is permitted ten (10) days paid vacation in a year. Usually, 5 days for the summer vacation period (July-August), 5 days for the winter vacation period (January-February).
Emergency Leave: emergency leave is permitted only in the event of death or serious illness of the Employee or the Employee's immediate family. Upon presentation of proper notice and proof to the Employer, the Employee may be granted up to three (3) days of unpaid leave.

5. Medical Insurance.
The Employer agrees to provide and cover 50% of the cost of medical insurance for the Employee. The Employee is responsible for the remaining 50% and the Employee's portion of the monthly premium is made through twelve (12) equal deductions, at two point two four percent (2.24%), from the Employee�s monthly salary over a period of twelve (12) months. Dental and pre-existing conditions are not included.

6. Sick Days.
The Employee is allowed three (3) paid sick days per year.

7. Housing.
The Employer agrees to select and provide housing for the Employee. The Employer further agrees to provide or make easily accessible for the Employee, adequate living accommodations, living conditions and basic amenities, within a reasonable distance from the school. Those basic amenities include a bed and bedding, television, closet, table and chair, refrigerator, washing machine, gas cooker, a kitchen, cooking and eating utensils, hot water, and a bathroom with shower and a western style toilet. The Employee will be responsible for the cost of monthly expenses (utilities) including water, power, gas, and telephone charges for the accommodation provided by the Employer.

8. Transportation and Relocation Allowance.
The Employer will supply (pay for) to the Employee an economy class, one-way ticket on a regularly scheduled airline from their country of origin to the point of hire in Korea. At the completion of the contract, the Employer will supply (pay for) to the Employee an economy class, one-way ticket regularly scheduled airline to their country of origin. The Employer will pay for the entire ticket. This airline ticket will be in addition to the contract completion severance payment.

In the event the Employee is required to move from his/her accommodation, at the Employer�s request, the Employee�s moving expenses shall be reimbursed on the next regular pay day.

9. Assignments and Notices.
Any assignment, attempted assignment, transfer, or attempted transfer of this Agreement or of the performance of duties and obligations hereunder will immediately terminate this Agreement, unless the parties hereto expressly agree in writing otherwise. All notices to be given under the Agreement will be given in writing by serving the same upon the person to whom the notice is addressed personally or by registered mail at the address of such party given in this Agreement or for the Employee once in Korea at the residence in Korea, as notified to the Employer.

10. Dismissal or Voluntary Resignation.
The Employer will have the right to dismiss the Employee for clear and frequent neglect of duties under this Agreement, including but not limited to, frequent absences, tardiness, early dismissal of class, non-observance of working hours at the place of employment without the approval of the Employer, or good reason therefore, or for manifest inability to perform the duties stated under this Agreement.
Criminal or other conduct that has been clearly substantiated inside or outside the place of Employment that would, in the opinion of the Employer, seriously jeopardize any student or staff person, or the reputation of the Employer, will be cause for immediate dismissal. In the event that the Employee is dismissed for just cause, or in the event that the Employee voluntarily resigns prior to the completion of the term of this Agreement, the Employer will have no duty and will not be obligated to pay the cost of return to the Employee's point of origin.

11. Resignation Without Notice.
If at anytime the Employee leaves the institution without giving prior notice in writing (release letter) as defined by this agreement, the Employer has the right to pursue legal actions, for damages and attorneys fees, against the Employee.

12. In the event of contractual dispute.
If there is dispute between the parties involved is this contract, parties agree legal remedy may be sought, however all responsible effort will be made by both parties to remedy the situation prior to legal recourse.

13. Miscellaneous.
This is the entire agreement between the parties and may not be modified or amended except by a written document signed by the party against whom enforcement is sought. This agreement may be signed in more than one counterpart, in which case each counterpart shall constitute an original of this agreement. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this agreement. Wherever used herein, the singular shall include the plural, the plural shall include the singular, and pronouns shall be read as masculine, feminine or neutral as the context requires. The prevailing party in any litigation, arbitration or mediation relating to this agreement shall be entitled to recover its reasonable attorney�s fees from the other party for all matters, including but not limited to appeals. This agreement may not be assigned or delegated by either party without the prior written consent of the other party.
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panchotino



Joined: 16 Jan 2006
Location: scotland for now.

PostPosted: Wed May 10, 2006 9:45 am    Post subject: and.... Reply with quote

and the governing language of the contract is English.
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plattwaz



Joined: 08 Apr 2005
Location: <Write something dumb here>

PostPosted: Wed May 10, 2006 12:46 pm    Post subject: Reply with quote

Quote:
Classes will be held from Monday to Friday. During the term of this agreement, the Employee shall provide his or her lesson for approximately six hours per day. Classes and teaching are scheduled in accordance with the needs of the institute and are thereby deemed "flexible" and therefore teaching schedules may change on a daily, or weekly, basis.


Not a chance. Not an absolute CHANCE.

At the very leastyou need to have a time range specified for these six hours. Such as "The employee will be required to teach 6 hours per day between the hours of 9am and 6pm. Classes will not be scheduled outside of this window." If not, you're allowing yourself to be put in a potentially horrible situation

Add in the fact that they say they can change your schedule at any time they want and as often as they want to suit their needs.....not in a million years!!!

The fact that an employer would even request such a ridiculous thing from an employee smells of trouble to me!!
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Grotto



Joined: 21 Mar 2004

PostPosted: Wed May 10, 2006 2:26 pm    Post subject: Reply with quote

2.4 Working Hours.
Classes will be held from Monday to Friday. During the term of this agreement, the Employee shall provide his or her lesson for approximately six hours per day. Classes and teaching are scheduled in accordance with the needs of the institute and are thereby deemed "flexible" and therefore teaching schedules may change on a daily, or weekly, basis.

Hell no! Contracts are not approximate and this clause is rife with stupidity. No set schedule and you work approximately 6 hours per day Rolling Eyes whoever signs this is in for a year of hell!

2.5 Overtime.
In addition to the aforesaid period of classroom assignments, each week the Employer may require the Employee to perform classroom duties in excess of 6 hours a day (hereinafter called "overtime").

Forced overtime Razz hell no Laughing

Only class contract periods in excess of 6 hours a day, and approved by the Employer, shall be paid in addition, over and above, the salary set forth herein. Overtime accrued, during any given monthly period, shall be paid on the last teaching day of the month in the amount defined in section 3 of this agreement.

Overtime should be paid on a daily basis not monthly! Its a creative way of getting around paying overtime as many months have holidays so monthly overtime is a fictional beast!


3. Salary.
The Employer shall pay the Employee a monthly salary the amount of which is two million, one hundred thousand won (2,100,000) in Korean currency.
The salary is considering 30 hours a week and the payment will be once a month.

Never agree to hours per week....only classes per week. 25 fifty minute classes is plenty anything over that should be overtime!

Overtime classes will be paid twenty thousand won (20,000) per hour.

3.2 Severance.
Upon completion of the full one-year contract period, the employee will be provided an additional bonus of one full month’s salary (2,100,000 won).

3.3 Deductions.
The Employer represents that the Employee's entire monthly income tax shall be less three point three percent (3.3%).

Tad high.

50% of the annual cost of medical insurance will be deducted equally, at two point two four percent (2.24%), from the Employee's salary over the twelve months of employment. The other 50% will be paid be the employer. No other deduction of any type whatsoever shall be deducted from Employee's salary without prior consent from Employee. The only exception is in the case of an Employee missing a scheduled class. In that case 20,000won will be subtracted per class.

What about pension?

4. Holidays.
Holiday: There are 13 to 15 Korean holidays per year. Employee is not required to work on these days and no deduction will be made from their monthly salary.
Paid vacation: The Employee is permitted ten (10) days paid vacation in a year. Usually, 5 days for the summer vacation period (July-August), 5 days for the winter vacation period (January-February).
Emergency Leave: emergency leave is permitted only in the event of death or serious illness of the Employee or the Employee's immediate family. Upon presentation of proper notice and proof to the Employer, the Employee may be granted up to three (3) days of unpaid leave.

5. Medical Insurance.
The Employer agrees to provide and cover 50% of the cost of medical insurance for the Employee. The Employee is responsible for the remaining 50% and the Employee's portion of the monthly premium is made through twelve (12) equal deductions, at two point two four percent (2.24%), from the Employee’s monthly salary over a period of twelve (12) months. Dental and pre-existing conditions are not included.

6. Sick Days.
The Employee is allowed three (3) paid sick days per year.

7. Housing.
The Employer agrees to select and provide housing for the Employee. The Employer further agrees to provide or make easily accessible for the Employee, adequate living accommodations, living conditions and basic amenities, within a reasonable distance from the school. Those basic amenities include a bed and bedding, television, closet, table and chair, refrigerator, washing machine, gas cooker, a kitchen, cooking and eating utensils, hot water, and a bathroom with shower and a western style toilet. The Employee will be responsible for the cost of monthly expenses (utilities) including water, power, gas, and telephone charges for the accommodation provided by the Employer.

Air con is a necessity in Korea!

8. Transportation and Relocation Allowance.
The Employer will supply (pay for) to the Employee an economy class, one-way ticket on a regularly scheduled airline from their country of origin to the point of hire in Korea. At the completion of the contract, the Employer will supply (pay for) to the Employee an economy class, one-way ticket regularly scheduled airline to their country of origin. The Employer will pay for the entire ticket. This airline ticket will be in addition to the contract completion severance payment.

In the event the Employee is required to move from his/her accommodation, at the Employer’s request, the Employee’s moving expenses shall be reimbursed on the next regular pay day.

fishy!

9. Assignments and Notices.
Any assignment, attempted assignment, transfer, or attempted transfer of this Agreement or of the performance of duties and obligations hereunder will immediately terminate this Agreement, unless the parties hereto expressly agree in writing otherwise. All notices to be given under the Agreement will be given in writing by serving the same upon the person to whom the notice is addressed personally or by registered mail at the address of such party given in this Agreement or for the Employee once in Korea at the residence in Korea, as notified to the Employer.

Confused Question Overwritten. This agreement is non-transferable. Any changes in whole or in part must be agreed to in writing by both parties.


10. Dismissal or Voluntary Resignation.
The Employer will have the right to dismiss the Employee for clear and frequent neglect of duties under this Agreement, including but not limited to, frequent absences, tardiness, early dismissal of class, non-observance of working hours at the place of employment without the approval of the Employer, or good reason therefore, or for manifest inability to perform the duties stated under this Agreement.
Criminal or other conduct that has been clearly substantiated inside or outside the place of Employment that would, in the opinion of the Employer, seriously jeopardize any student or staff person, or the reputation of the Employer, will be cause for immediate dismissal. In the event that the Employee is dismissed for just cause, or in the event that the Employee voluntarily resigns prior to the completion of the term of this Agreement, the Employer will have no duty and will not be obligated to pay the cost of return to the Employee's point of origin.

11. Resignation Without Notice.
If at anytime the Employee leaves the institution without giving prior notice in writing (release letter) as defined by this agreement, the Employer has the right to pursue legal actions, for damages and attorneys fees, against the Employee.

12. In the event of contractual dispute.
If there is dispute between the parties involved is this contract, parties agree legal remedy may be sought, however all responsible effort will be made by both parties to remedy the situation prior to legal recourse.

13. Miscellaneous.
This is the entire agreement between the parties and may not be modified or amended except by a written document signed by the party against whom enforcement is sought. This agreement may be signed in more than one counterpart, in which case each counterpart shall constitute an original of this agreement. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this agreement. Wherever used herein, the singular shall include the plural, the plural shall include the singular, and pronouns shall be read as masculine, feminine or neutral as the context requires. The prevailing party in any litigation, arbitration or mediation relating to this agreement shall be entitled to recover its reasonable attorney’s fees from the other party for all matters, including but not limited to appeals. This agreement may not be assigned or delegated by either party without the prior written consent of the other party.

Delete Rolling Eyes

One of the worst worded contracts I have ever seen Laughing
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kathycanuck



Joined: 05 Dec 2005
Location: Namyangju

PostPosted: Wed May 10, 2006 2:56 pm    Post subject: contract Reply with quote

If you can get the wording amending re working hours, I would also stipulate the inclusion of an air conditioner in the furnishings of your apartment. The summers here are hellish hot with very high humidity.Good luck!
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