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want to sign this tomorrow.is it ok?

 
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panchotino



Joined: 16 Jan 2006
Location: scotland for now.

PostPosted: Mon May 15, 2006 7:43 am    Post subject: want to sign this tomorrow.is it ok? Reply with quote

this is a re-worked contract from a week ago.
i want to get this signed and sent asap so please can you run your beady little eyes over it.this is a first time contract and i like it!

NOW THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, each party hereby acknowledges receipt of which, the parties, intending to be legally bound, hereby agree as follows:

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 Employee with 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. Commencing the 1st day of June , 2006 to the 31st day of May , 2007. The contract shall be renewable upon mutual consent of the Employer and the Employee.

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 weekly or monthly 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"). Any and all overtime will be agreed upon by mutaul consent of both the Employer and the Employee. It is the Employee's decision, not the Employer's decision, as to whether the overtime is accepted.
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 monthly 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.

IN WITNESS WHEREOF, the parties have signed this agreement as of the day and year first above written.
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Grotto



Joined: 21 Mar 2004

PostPosted: Mon May 15, 2006 8:59 am    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 weekly or monthly basis.

Bad clause! You need to have your work hours clearly defined! Approximates are no good! You also want your hours set....2-8 or 2-9....that flexible crap is bull! You are the one who will have to dance to their tune....so if you do sign this dont ever complain of crap schedules!

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"). Any and all overtime will be agreed upon by mutaul consent of both the Employer and the Employee. It is the Employee's decision, not the Employer's decision, as to whether the overtime is accepted.
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.

Change monthly to weekly!

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%).

Shall be taken off in accordance to the monthly withholding tax at the Korean Tax service website. (its about 2.5%)

50% of the annual cost of medical insurance will be deducted equally, at two point two four percent (2.24%), from the Employee's monthly 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.

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.

And these holidays will count towards classes worked in case of computing overtime payment.

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...get it put it!

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.

The employer will pay all costs associated with the move. Why should you have to pay for a move and then go through the hassle of getting your money back?



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.

30 days notice will be given in case of dismissal.

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.

IN WITNESS WHEREOF, the parties have signed this agreement as of the day and year first above written.

Still needs a few changes!
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panchotino



Joined: 16 Jan 2006
Location: scotland for now.

PostPosted: Mon May 15, 2006 9:10 am    Post subject: cheers Reply with quote

thanks grotto.
air con is in.i'm ok with a flexible schedule.i've talked to the other staff at the school about it and they have given me an idea about what to expect.as long as i'm given a weeks notice, i'm cool.
going to try and get a dismissal period in there.
i'm from the u.k so don't pay pension, i believe.
the school does come recommended and the director speaks excellent english.i wish it was the perfect contract but hey ho!
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panchotino



Joined: 16 Jan 2006
Location: scotland for now.

PostPosted: Mon May 15, 2006 11:00 am    Post subject: amended already Reply with quote

hows this then grotto?




WHEREAS, the Employer wishes to hire the Employee as an English Instructor; and
WHEREAS, the Employee wishes to be hired as an English Instructor.

NOW THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, each party hereby acknowledges receipt of which, the parties, intending to be legally bound, hereby agree as follows:

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 Employee with 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. Commencing the 1st day of June , 2006 to the 31st day of May , 2007. The contract shall be renewable upon mutual consent of the Employer and the Employee.

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, 120 hours per month. 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 weekly or monthly 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"). Any and all overtime will be agreed upon by mutaul consent of both the Employer and the Employee. It is the Employee's decision, not the Employer's decision, as to whether the overtime is accepted.
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 monthly 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. Regular scheduled teaching hours for these days will count towards the Employee�s 120 hours per month.
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. The Employer must give the Employee 30 days notice, in writing, if the contract is to be terminated.

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.

IN WITNESS WHEREOF, the parties have signed this agreement as of the day and year first above writt
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princess



Joined: 16 Jan 2003
Location: soul of Asia

PostPosted: Mon May 15, 2006 3:18 pm    Post subject: Reply with quote

I wouldn't sign a contract that didn't give set hours and I wouldn't go for the "if you need to change apartments" clause. Why wouold you need to change apartments? Maybe the school will be too cheap to pay the rent and you will have to move into a cheaper, crappier place perhaps? I've heard of this happening before.
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poet13



Joined: 22 Jan 2006
Location: Just over there....throwing lemons.

PostPosted: Mon May 15, 2006 3:53 pm    Post subject: Reply with quote

The overtime clause is funky.
Even if its changed to weekly (30 hours), then the two or three extra work days in the month are free. There are usually 22 or 23 work days right? Perhaps the bes way to go is to agree to a set number of hours per pay period/month..

Defnintely get the holidays to count toward class hours in case of OT. I think the fairest way to count the hours is to calculate the average number of hours actually worked during the other days of the month.

Perhaps also change the airfare to cash in lieu of ticket. Two week advance fare would be reasonable i think.

Also, see if you can get a clause that says unused vacation days will be paid at your average day rate during the year..... (I have seen other posts suggesting asking for unused sick days to be paid, but honestly, i think that would be greedy and unseemly)

All that being said, if you try and load too much on them, they might not be happy. Figure out what you need, what you think is fair to you....and yup, for your employer as well, and go with that.....

Hope that helps.....
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Son Deureo!



Joined: 30 Apr 2003

PostPosted: Mon May 15, 2006 5:26 pm    Post subject: Reply with quote

I don't like this contract.

First, let me once again spell out the bare minimum conditions I recommend for newbies at kiddie hogwons:

Quote:
2.0 million for 120 teaching hours/mo
free non-shared apartment
roundtrip airfare from and to the nearest international airport to your home
block shift (no more than 8 hours between your daily start and finish time, get that in writing)
health insurance, 50% of premium paid by you, 50% by employer
Monday-Friday schedule, NO SATURDAYS
2 weeks vacation
all national holidays off (no need to make them up)
any overtime is optional, paid at the rate of 120% of your standard hourly pay


Here are the specific points where this contract fails to measure up:

Poet13 makes a good point about no maximum hours per month, while you are paid by the month, means you'll be working unpaid overtime in longer months. 120 hours per month, MAX!

The housing clause does not specify a private apartment. You might be stuck with roommates. They're not specific, but I'd demand clarification in writing on this point.

Flexible hours gives them leeway to give you splits and Swiss cheese schedules. You need a guaranteed start and finish time.

Mandatory overtime. Hogwon overtime is a bad deal, any way you slice it. If you want to work harder to make extra money, you're better off teaching privates at double the rate you'd get at your hogwon. Plus, so many hogwons find ways not to pay you for overtime, that 9 times out of 10 you're better off not doing it at all.

Quote:
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.


It sounds like they want to farm you out to other schools. The good news is that they want to do it legally so you aren't deported. The bad news is nowhere do they mention being willing to pay you any extra for the time you do this beyond your normal salary and pitiful overtime rate, nor compensate you for the additional commuting time and expenses.

There is nothing exceptional about this job to make up for these problems.

I say take a pass on this job.
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alabamaman



Joined: 25 Apr 2006

PostPosted: Tue May 16, 2006 1:53 am    Post subject: Reply with quote

Princess and the Don are right. There will be plenty of other jobs that will come your way. Anytime you get a contract, post it, and the Dave's forum members will help you out. This contract is risky since the hours are not defined, and I don't like the termination clause either. Good luck.
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VanIslander



Joined: 18 Aug 2003
Location: Geoje, Hadong, Tongyeong,... now in a small coastal island town outside Gyeongsangnamdo!

PostPosted: Tue May 16, 2006 2:09 am    Post subject: Reply with quote

don't buy the assumption that the contract is first and foremost

this is not contract-happy and litigation-fearful america.

here the relationship is more important than the paper

the contract should be the LAST consideration! yes, by all means put the basics in there to be able to appeal to late (not with a legalistic air of litigation, but in a reasonable tone of reminding).

anyone deciding on jobs based on what's written on a piece of paper has the whole process backwards imo.

tell us who you met, what was discussed, what you've asked for and has been discussed, what you've seen, who you've talked to, etc.

imho and e
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BigBuds



Joined: 15 Sep 2005
Location: Changwon

PostPosted: Tue May 16, 2006 2:28 am    Post subject: Reply with quote

Son Deureo! wrote:
I don't like this contract.

First, let me once again spell out the bare minimum conditions I recommend for newbies at kiddie hogwons:

Quote:
2.0 million for 120 teaching hours/mo
free non-shared apartment
roundtrip airfare from and to the nearest international airport to your home
block shift (no more than 8 hours between your daily start and finish time, get that in writing)
health insurance, 50% of premium paid by you, 50% by employer
Monday-Friday schedule, NO SATURDAYS
2 weeks vacation
all national holidays off (no need to make them up)
any overtime is optional, paid at the rate of 120% of your standard hourly pay


Here are the specific points where this contract fails to measure up:

Poet13 makes a good point about no maximum hours per month, while you are paid by the month, means you'll be working unpaid overtime in longer months. 120 hours per month, MAX!

The housing clause does not specify a private apartment. You might be stuck with roommates. They're not specific, but I'd demand clarification in writing on this point.

Flexible hours gives them leeway to give you splits and Swiss cheese schedules. You need a guaranteed start and finish time.

Mandatory overtime. Hogwon overtime is a bad deal, any way you slice it. If you want to work harder to make extra money, you're better off teaching privates at double the rate you'd get at your hogwon. Plus, so many hogwons find ways not to pay you for overtime, that 9 times out of 10 you're better off not doing it at all.

Quote:
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.


It sounds like they want to farm you out to other schools. The good news is that they want to do it legally so you aren't deported. The bad news is nowhere do they mention being willing to pay you any extra for the time you do this beyond your normal salary and pitiful overtime rate, nor compensate you for the additional commuting time and expenses.

There is nothing exceptional about this job to make up for these problems.

I say take a pass on this job.


I think some of you guys have a problem with reading. It does say 120 hours a month. Also it doesn't say overtime is mandatory.

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, 120 hours per month. 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 weekly or monthly 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"). Any and all overtime will be agreed upon by mutaul consent of both the Employer and the Employee. It is the Employee's decision, not the Employer's decision, as to whether the overtime is accepted.
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.
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Son Deureo!



Joined: 30 Apr 2003

PostPosted: Tue May 16, 2006 3:12 am    Post subject: Reply with quote

BigBuds wrote:
Son Deureo! wrote:
I don't like this contract.

First, let me once again spell out the bare minimum conditions I recommend for newbies at kiddie hogwons:

Quote:
2.0 million for 120 teaching hours/mo
free non-shared apartment
roundtrip airfare from and to the nearest international airport to your home
block shift (no more than 8 hours between your daily start and finish time, get that in writing)
health insurance, 50% of premium paid by you, 50% by employer
Monday-Friday schedule, NO SATURDAYS
2 weeks vacation
all national holidays off (no need to make them up)
any overtime is optional, paid at the rate of 120% of your standard hourly pay


Here are the specific points where this contract fails to measure up:

Poet13 makes a good point about no maximum hours per month, while you are paid by the month, means you'll be working unpaid overtime in longer months. 120 hours per month, MAX!

The housing clause does not specify a private apartment. You might be stuck with roommates. They're not specific, but I'd demand clarification in writing on this point.

Flexible hours gives them leeway to give you splits and Swiss cheese schedules. You need a guaranteed start and finish time.

Mandatory overtime. Hogwon overtime is a bad deal, any way you slice it. If you want to work harder to make extra money, you're better off teaching privates at double the rate you'd get at your hogwon. Plus, so many hogwons find ways not to pay you for overtime, that 9 times out of 10 you're better off not doing it at all.

Quote:
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.


It sounds like they want to farm you out to other schools. The good news is that they want to do it legally so you aren't deported. The bad news is nowhere do they mention being willing to pay you any extra for the time you do this beyond your normal salary and pitiful overtime rate, nor compensate you for the additional commuting time and expenses.

There is nothing exceptional about this job to make up for these problems.

I say take a pass on this job.


I think some of you guys have a problem with reading. It does say 120 hours a month. Also it doesn't say overtime is mandatory.

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, 120 hours per month. 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 weekly or monthly 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"). Any and all overtime will be agreed upon by mutaul consent of both the Employer and the Employee. It is the Employee's decision, not the Employer's decision, as to whether the overtime is accepted.
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.


You're half right. Overtime is at Employee's discretion. My bad.

120 hours per month is in the OP's revision, not the original contract.

VanIslander makes a good point, many hogwon owners do not even know what is in the contracts you sign. But many do, and I have had employers who would shamelessly exploit browbeat their teachers with every unfavorable clause that was in the contract.

Reports from current and former teachers are at least as important as the contents of the contract, but signing a crap contract is still playing with fire.
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alabamaman



Joined: 25 Apr 2006

PostPosted: Tue May 16, 2006 6:47 am    Post subject: Reply with quote

2. Employment. (Employment duties should be all in one section for the sake of a good termination clause. )

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.

ii should be changed to this

ii. Attendance at one staff meeting outside the employee's scheduled hours and one workshop shall be mandatory per month throughout the contract period. The employee will get paid 23,000 Korean Won per hour worked at workshops.




2.2 Job Description. Take out the 2.2 Job description line, and that rest should be part of job duties.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.

Native English Speaker: The Employee, as a Native English Speaker, will instruct the students in pronunciation exercises. The Employer will provide the Employee with 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 one staff meetings and workshops.

This should be changed to:

iii. During the term of this contract period, the employee shall comply with instructions given by the Employer during scheduled working hours. These duties shall include classroom duties, and other duties pursuant to the employee duties in the employees contract.

Erase clause iv. It needs to be thrown out of the contract!

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. Commencing the 1st day of June , 2006 to the 31st day of May , 2007. The contract shall be renewable upon mutual consent of the Employer and the Employee.

June 1st 2006 to June 1 2007 if I am correct on this one.

It shall be illegal for the worker to work for the employer without an E2 Visa. After Korean Immigration has issued the employee an E2 Visa, the employee may begin working legally for the employer. The length of employment shall not exceed a period of one year in length. The contract period shall be from June 1st 2006 until June 1st 2007.

2.4 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, 120 hours per month. 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 weekly or monthly basis.

Classes will be held from Monday through Friday, tought consecutively, no split shifts, and from 2p.m. through 8p.m. throughout the period. The employee will work a maximum of 120 classroom hours per month throughout the contract term. A classroom hour will be 45 minutes of teaching English to Korean Students throughout the contract period.

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"). Any and all overtime will be agreed upon by mutaul consent of both the Employer and the Employee. It is the Employee's decision, not the Employer's decision, as to whether the overtime is accepted. 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.

The employee may work overtime classroom hours at the rate of 23,000 Korean Won once the employee has worked 120 classroom hours any work month throughout the contract period. Furthermore, the employee shall be paid 23,000 Korean Won per classroom hour on Saturdays throughout the contract period. A classroom hour on Saturdays will consist of 45 minutes teaching English to Korean Students throughout the contract period." The employer and worker must mutually consent before overtime classroom hours are worked. Overtime pay will be paid on the established pay date in this contract.color]

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.

[color=brown]The employee's guaranteed monthly salary throughout the contract period will be 2,100,000 Korean Won. In addition, the employer will pay the employee on the last working day per month throughout the contract period.


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

Upon completion of the one year contract period, the employer will pay the employee a severance bonues. The severance bonus will be calculated in the amount of 2,100,000 Korean 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 monthly 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.


3.3 Monthly Salary Deductions


i. The employer will deduct 33,430 Korean Won as a monthly withholding tax per month throughout the contract period.

ii. [color=brown]The employer will enroll the worker in the Korean National Healthcare Insurance Plan. The worker will be physically presented with his medical insurance card on __________/__________/__________. The sum of 3 months contribution, 141,120 Korean Won, will be prepaid by 3 month intervals (the contribution payment duty is retroactive to the day the employee was registered for his residence in Korea) except for the permanent foreign resident. Responsibility to pay the said sum of 3 months contribution is upon the employer. The employer will deduct 47,040 Korean Won (2.24%) from the worker's monthly salary and pay it to the National Health Insurance Corporation per month throughout the contract period.

iii. Korean Pension Fund

[color=brown]The employer will deduct (4.5%) 94,500 Korean Won per month from the employees' monthly salary, and contribute it towards the Korean Pension Fund throughout the contract period.

4. 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. Regular scheduled teaching hours for these days will count towards the Employee�s 120 hours per month.

There will be 13 to 15 Korean National holidays throughout the contract period. No deductions will be made from the employee's monthly salary. The employee will be paid 23,000 Korean Won per classroom hour if the employee works on any Korean National Holiday throughout the contract period.


Medical Insurance: Taken care of earlier.

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, air conditioner, 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.


The employer will provide the worker single housing, and rent. The worker is responsible for paying utility bills, including electricity, water, gas, cable, internet and telephone. Any and all damage caused by worker will be paid by worker. The employer will provide furnitures and other appliances. They will include an air conditioner, bed, bedding, sheets, desk, table, dining set, TV, washing machine, clothes rack, pots, pans, dishes, phone, fridge, and a stove. In return for a furnished apartment, the worker agrees to respect and care for the apartment, with the exception of normal repairs, in a respectful manner. Any outstanding bills belonging to the worker will be the sole responsibility of the worker.
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