Korean Job Discussion Forums

[Aussiekimchi]

Hey, I am getting a few PM's on specific clause changes. I think I will just re post the contract with changes each day.
Some people have great ideas. And I have made about 10 changes already.
But rather than posting the new version each time I make a change, I will re post the contract after each day.

[Grotto]

Its a bit long #1

Employment Agreement

Institute Name: _______________________________________
Institute address: ______________________________________

This EMPLOYMENT AGREEMENT has been made by and between ______________________ (hereafter referred to as "Employer") and ___________________, (hereafter referred to as "Teacher").

I. EMPLOYMENT OF TEACHER

1. Within the parameters of Korean Labor Law, the Employer hereby employs the Teacher to teach ESL classes under the terms and conditions set forth here in this Agreement.
2. Within the parameters of Korean Labor Law, the Teacher hereby accepts employment from Employer to teach ESL under the terms and conditions set forth here in this Agreement.
3. The teacher shall begin working for the employer when Korean Immigration has issued the teacher an E2 teaching Visa. The period of employment will begin on the teacher's E2 Visa issue date ________/________/________ and end on the teacher's E2 Visa expiry date ________/________/________. If the teacher seeks contract extension, a written notice shall be submitted to the employer 30 days prior to the teacher's E2 Visa expiry date. The employer shall render a written decision within 7 working days.

II. QUALIFICATIONS

The Teacher must be judged qualified to teach and be able to submit all the necessary documents required by the Korean Department of Immigration for the hiring procedure of the Employer.
The Employer must be a legally registered organization for the purpose of English language instruction.
Documents
a) A sponsorship letter of guarantee will be attached to the teacher's contract at the time the contract is issued.
b) A "Certificate of Employment" will be attached to the teacher's contract at the time the contract is issued.
c) A copy of the employer's "Rules of Employment" will be attached to the contract at the time the contract is issued.
d) Photocopies of the teacher's E2 Visa application papers will be attached to the contract at the time the contract is issued.
e) A duplicate contract written in Korean shall be presented to the teacher prior to any at the time the contract is issued.
f) All original documents presented for visa purposes will be returned to the teacher upon commencement of employment.

III. PLACE OF EMPLOYMENT

1.
The Place of Employment will be _____________________, South Korea.

Not really necessary you have the address at the top of the contract!

2.
The Teacher will not be required or requested to teach outside and apart from the place of employment, unless agreed to by both parties and permission granted by the Korean Department of Immigration.

IV. DUTIES OF TEACHER

1. During the term of this Agreement, the teacher will comply with the instructions, supervision, training and discipline of the Employer within the terms of this agreement. These duties will include instruction in any and all phases of the instructional program, administrative duties related to the classroom duties, lesson planning, attendance at scheduled staff meetings and workshops and any other duties as may be assigned by the Employer. The Employer is responsible for establishing the environment necessary for work and lecture.

Delete the bolded part! Duties should be listed clearly in the contract...not made up as time goes by! I would also want a clarification of staff meetings (attendance at scheduled staff meetings not to exceed 1 hour per month)

2. Any time worked over ___ hours per month is deemed overtime. Only classroom contact hours in excess of over ___hours per month approved by the Employer are considered overtime. Attendance at scheduled staff meetings, counseling for feedback, lesson planning and workshop are not considered overtime nor teaching hours.

Change hours to classes! Why isnt lesson planning, marking etc not considered teaching hours?

3. The Teacher will teach from Monday to __________________.

4. The Teacher and the Employer will agree to teaching hours and any necessary changes in classroom duties prior to this agreement being signed.

Hours will be from __ to __...anything outside of these hours will be overtime or the teacher will be given time off with pay instead!

5. In the event that the Teacher must miss classes or be late with a reason which the Employer accepts, the Teacher must inform the Employer at least _____ hours in advance to allow the Employer to arrange substitutes.

teacher must inform the employer as soon as possible

6. The Teacher MAY be required to submit lesson plans to the Employer regularly. This will be agreed to before the Employment Agreement is signed.

7. The Teacher is not allowed to perform nor accept paid ESL instruction outside the designated classroom without prior approval from the Employer.

8. When performing ESL instruction, the Teacher must wear appropriate clothing. The clothes must be clean and express dignity of the Teacher. The Employer will clarify the dress regulations if any prior to commencement of employment.

Dress code shall be stated clearly. Clean and neat...or suit and tie...which is it?

9. At all times during the term of this Agreement, the Teacher and Employer will directly adhere to and obey all the rules and regulations that have been, or may hereafter be established by Employer for the conduct of theTeacher or generally for the conduct of instructors at the Place of Employment.

No, any rules and regulations that are in effect at the signing of the contract are pertinant....anything further down the road can be figured in for the next contract!

10. At all times during the term of this Agreement, the Teacher and Employer understand and agree that all parties will strictly adhere to and obey all laws, regulations, provisions, instructions and guidance from the Government of Korea or any local government of officials.

Why local officials?


11. The Teacher will be present at the place of employment and available to perform regular or special duties as specified herein above.

From ___ to ____

12. For marketing purposes, the teacher’s profile (including name) may be placed on a brochure or Internet, etc. This will be agreed to before employment commencement.

At the termination of the contract the teachers information (including name) will be removed from any brochure or internet site etc!

13. The Teacher is required to come to school 30 minutes prior to the first scheduled class. This is not considered teaching time and is unpaid.

The teacher will come to school 30 minutes prior to their first class for prep!


V. COMPENSATION AND WORKING CONDITIONS

1. Salary
The Employer will pay the Teacher _____________ Korean won as compensation for all services rendered. Payment for employment will be calculated every month and be made in Korean won. This salary will be paid on the ______day of every month for the past month’s worked. The Teacher’s salary begins upon the first workday after arrival at school. All training days are paid on full salary. Korean income tax and/or National Pension plan (and health care) will be deducted from the Teacher’s salary. The Teacher’s salary determines the actual amount to be deducted as per Korean won.

2. Korean Pension Scheme
The employer shall deduct 4.5% of the employee's monthly salary in the amount of _________ Korean Won throughout the contract period and contribute all deductions to the Korean Pension Scheme.

3. Teaching Hours
The Monthly teaching hours will be ______ hours (1 hour is 60 minutes) and each class will consist of ________ minutes.
The school operates between the hours of _________ and _________, Monday through _________.

1 teaching hour is 50 minutes! or 40-50 minutes!

4. Overtime
If the Employer requires the Teacher to work in excess of _______ hours per month such overtime or extra hours shall be paid for, in addition to the monthly salary, at the rate of __________Korean won per hour during Monday – ___________________.

Sorry forced overtime is illegal! If the employer requests .....the teacher has the right to refuse any overtime!

5. Holidays
Korean National Holidays are approx. 15 days/year. These days are paid. The teacher will receive a further ____ days paid vacation and agrees to take these according to the schedule of the school. The Teacher will observe all national holidays as prescribed in a yearly calendar by Korean law.

6. Monthly Withholding Tax
The employer shall deduct ________ Korean Won from the employees monthly salary throughout the contract period and pay all deductions to the District Tax Office concerned.

Monthly withholding tax will be taken off in accordance to the government website..

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

8.Transportation and Travel expenses
The Employer will provide the Teacher with a one way economy class ticket from the point of hire to Korea. In the event that the Teacher completes the full contract, the Employer will provide the Teacher with another one way economy class ticket from Korea to the point of hire at the time of termination of employment. If the Employer and the Teacher both agree to an extension of employment, the return air ticket will be provided at the time of completion of the subsequent contract period. In the event that the Teacher resides in Korea at the time of hiring, a round trip ticket from Korea to back home will not be offered. All visa expenses (airfare, accommodation and agreed allowance) outside of the actual visa application fee will be paid by the Employer to the Teacher in the case of Japan visa runs.

At the end of the contract the teacher may exchange the air ticket home for an equivalent cash payment.

9. Severance pay
Severance pay, _____ Million Korean Won, will be provided to the Teacher upon completion of a one year contract.
The teacher shall provide the school with two month’s notice before terminating the contract. Failure to do this shall result in loss of severance payment

Not a chance! What if they take this as to not renewing the contract at the end of the year? It should read: If the teacher terminates the contract prior to finishing the one year the severance shall be pro-rated as long as the teacher gives 45 days written notice!

10. Medical Insurance
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, ____________, will be prepaid by 3 month intervals (the contribution payment duty is retroactive to the day the teacher was registered for his residence in Korea) except for the permanent foreign resident. Responsibility to pay said sum of 3 months contribution is upon the employer. The employer will deduct (_____%) from the teacher's monthly salary and pay it to the National Health Insurance Corporation per month throughout the contract period.

2.24% why leave it blank?

11.Sick Leave
The teacher will be allowed ____ days’ paid sick leave during the contract period. Other classes missed will be deducted from the monthly salary.
Unused sick leave will be paid out at the end of the contract.

At the rate of _____won per day!

A doctor’s invoice with the diagnosis and prognosis is required.

If the teacher misses two or more consecutive days!

VI. INSTRUCTION FEE DEDUCTIONS

In case of an unapproved absence, the amount of _____ Won per hour will be deducted from the Teacher's instruction fee (a day= ____KRW x ____hrs). A substitute teacher for the absent teacher will receive the instruction fees, but Employer will not regard the substitute
teaching as overtime.

Hmmm. Dont like it...who approves the absence? Who decides whether a sick day is approved or not? why not: if a teacher is absent from class without notification they will not be paid for the classes they miss

The Teacher has to be punctual to classes. _________times of being late will be considered one absence.

Any teacher who is late more than X times will be given a written warning....any further tardiness will be cause for dismissal. (sorry but people who are late constantly should be fired)

VII. PENALTIES

Employer may penalize the Teacher when the Teacher violates the contract.
The Employer is liable to provide a written apology when the employer violates the contract.
The penalties are as follows:
Warning
Teacher shall be reprimanded and must submit a written apology, or
Entitled to a written apology if the employer is in breach of contract.
Retraining
Employer shall stop the Teacher from teaching and retrain the Teacher when necessary.

Penalties have no place in a contract....if someone is violating the contract terminate them....the whole letter writing idea is quaint but the reality is there isnt a hogwan owner out there who would suffer the loss of face apologising to one of his workers would incur!

VIII. DISMISSAL

Employer will have the right to dismiss the Teacher for clear and frequent neglect of duties under this agreement. When appropriate, prior to any such dismissal, the Teacher will be warned of dissatisfaction with performance in writing and will be afforded at least twenty days in which to remedy the same. Criminal or other conduct inside or outside the place of employment that would at the discretion of the Employer seriously jeopardize any student or staff person, or the reputation of the Employer, will cause immediate dismissal and neither warning nor time for remedy will be given.

Advance notice of dismissal
The employer shall give an advance notice to the teacher at least 30 days before dismissal. If such notice is not given 30 days before the dismissal, normal wages for more than thirty days shall be paid to the teacher in the amount of ________ Korean Won.

Teacher Resignation
If the teacher seeks release from the contract before completion, the teacher shall provide 30 days written notice to the employer. All outstanding wages will be paid on the last day worked by the teacher. The employer shall issue a letter of release to the teacher upon request.

The employer also understands that this contract has been signed in good faith and will meet each of the articles mentioned honorably. Should the employer fall breach of this agreement, and if not rectified, the employer is liable to provide a release letter from the contract, pay in full all outstanding wages, all said airfares, return any monetary deposits on accommodations.

In this case, the teacher agrees to remain at the school for 5 working days to allow a replacement teacher to be found. In the event that Teacher voluntarily resigns prior to the termination of the term of this Contract, the Teacher shall not receive return airfare to the point of original departure. the Teacher shall owe the amount of the original airfare to Employer, (if resignation is prior to 6 months after the contract commences.)

Once the teacher has been at the school for more than 6 months airfare to Korea will no longer be held liable for the airfare!

IX. TERMINATION OF CONTRACT

Employer reserves the right to terminate this contract for cause with written notification 30 days in advance and for serious cause without notice.
This right will be taken advantage of when:

1.The Teacher is found to be in breach of contract.

2. The Teacher is proven to be involved in a bad scandal that may tarnish the reputation of Employer.

No way! Who decides what constitutes a bad scandal? Easy out for a disreputable hogwan owner! Words that should never be used in a contract "MAY"

3. Unexcused absence occurs more than three times in a two month period.

Absence from work(non sick days)

4. The Employer concludes that the Teacher cannot perform class activities, or lacks the qualities necessary to be an effective teacher after all remedies have been tried.

5. The documents submitted to the Employer are proved to be counterfeit.


X. EMPLOYER PROPERTY

Teacher must return the following items when the contract terminates.
1. All the things that Employer has rented or lent to Teacher.
2. All the money lent to Teacher.

? If someone is stupid enough to lend money to the teacher at the end of the contract......let them suffer....seems kind of stupid to have this in a contract!

3. Teaching materials.
4. Reference books owned by Employer.
5. Any other property owned by Employer.

XI. GOVERNING LANGUAGE

This agreement has been drawn up and has been executed in the English language and the
English language text of this agreement will govern and prevail over any translation.

XII. MERGER CLAUSE

This agreement constitutes the entire understanding between the parties with respect to the subject matter and supersedes all previous negotiations, commitments and writings with respect. This contract nullifies and voids any previous contract between the two parties.

XIII. GOVERNING LAW & JURISDICTION

This agreement will be interpreted according to the domestic laws of Korea. A competent court in Korea will have jurisdiction in regard to any dispute or claim arising out of, or in connection with, this agreement. The Employer and the Teacher have executed this agreement on the date indicated below. Intending to be legally bound and IN WITNESS WHEREOF, Employer and Teacher have appended their signatures.

XIV. PERIOD OF EMPLOYMENT

The period of employment under this contract is from to beginning and ending in the Republic of Korea. In the event of teacher's actual arrival on the job does not take place on the commencement date above, the contract period will start from the actual arrival date.



Employer___________________________

Date ________________________


Teacher____________________________

Date ________________________

Thats my 2 cents!

[Aussiekimchi]

great help...I had overlooked a number of things that you found. Thanks

[flotsam]

[TheUrbanMyth]

I don't like numbers 12 and X

12. I would never agree to have my name, photo or address on a marketing brochure of ANY kind. Too many psychos out there. Remember Shawner?


X Should also read that the Employer will return the property of Employee (degree for example)

As for everything else I am in full agreement with Mr. Grotto.

[Aussiekimchi]

You may notice that lesson planning and prep is still unpaid. No school will agree to that. It is the duty of every teacher in the world to prep for a class.

Ok here is today's version. Thanks to the contributors.

Employment Agreement

Institute Name: _______________________________________
Institute address: ______________________________________

This EMPLOYMENT AGREEMENT has been made by and between ______________________ (hereafter referred to as "Employer") and ___________________, (hereafter referred to as "Teacher").
The employer and employee are individuals of equal value and respectability coming together to respectfully exchange their services.

I. EMPLOYMENT OF TEACHER

1. Within the parameters of Korean Labor Law, the Employer hereby employs the Teacher to teach ESL classes under the terms and conditions set forth here in this Agreement.
2. Within the parameters of Korean Labor Law, the Teacher hereby accepts employment from Employer to teach ESL under the terms and conditions set forth here in this Agreement.
3. The teacher shall begin working for the employer when Korean Immigration has issued the teacher an E2 teaching Visa. The period of employment will begin on the teacher's E2 Visa issue date ________/________/________ and end on the teacher's E2 Visa expiry date ________/________/________. If the teacher seeks contract extension, a written notice shall be submitted to the employer 30 days prior to the teacher's E2 Visa expiry date. The employer shall render a written decision within 7 working days.

II. QUALIFICATIONS

The Teacher must be judged qualified to teach and be able to submit all the necessary documents required by the Korean Department of Immigration for the hiring procedure of the Employer.
The Employer must be a legally registered organization for the purpose of English language instruction.
Documents
a) A sponsorship letter of guarantee will be attached to the teacher's contract at the time the contract is issued.
b) A "Certificate of Employment" will be attached to the teacher's contract at the time the contract is issued.
c) A copy of the employer's "Rules of Employment" will be attached to the contract at the time the contract is issued.
d) Photocopies of the teacher's E2 Visa application papers will be attached to the contract at the time the contract is issued.
e) A duplicate contract written in Korean shall be presented to the teacher prior to any at the time the contract is issued.
f) All original documents presented for visa purposes will be returned to the teacher upon commencement of employment.

III. PLACE OF EMPLOYMENT

The Teacher will not be required or requested to teach outside and apart from the place of employment, unless agreed to by both parties and permission granted by the Korean Department of Immigration.

IV. DUTIES OF TEACHER

1. During the term of this Agreement, the teacher will comply with the instructions, supervision, training and discipline of the Employer within the terms of this agreement. These duties will include instruction in any and all phases of the instructional program, lesson planning, attendance at scheduled staff meetings and workshops. The Employer is responsible for establishing the environment necessary for work and lecture. Staff meetings shall exceed 1 hour per month.

2. Any time worked over ___ hours per month is deemed overtime. Only classroom contact hours in excess of over ___hours per month approved by the Employer are considered overtime. Attendance at scheduled staff meetings, counseling for feedback, lesson planning and workshop are not considered overtime nor teaching hours.

3. The Teacher will teach from Monday to __________________.

4. The Teacher and the Employer will agree to teaching hours and any necessary changes in classroom duties prior to this agreement being signed.
Teaching Hours will be from _____ to _____.

5. In the event that the Teacher must miss classes or be late with a reason which the Employer accepts, the Teacher must inform the Employer as soon as possible to allow the Employer to arrange substitutes.

6. The Teacher MAY be required to submit lesson plans to the Employer regularly. This will be agreed to before the Employment Agreement is signed.

7. The Teacher is not allowed to perform nor accept paid ESL instruction outside the designated classroom without prior approval from the Employer.

8. When performing ESL instruction, the Teacher must wear appropriate clothing. The clothes must be clean and express dignity of the Teacher. The Employer will clarify the dress regulations if any prior to commencement of employment. The Employer and teacher will agree to specific dress regulations before employment commences.

9. At all times during the term of this Agreement, the Teacher and Employer will directly adhere to and obey all the rules and regulations that have been established in this agreement.

10. At all times during the term of this Agreement, the Teacher and Employer understand and agree that all parties will strictly adhere to and obey all laws, regulations, provisions, instructions and guidance from the Government of Korea.

11. For marketing purposes, the teacher�s profile (including name) may be placed on a brochure or Internet, etc. This will be agreed to before employment commencement. At termination of the contract, the teacher�s name, photo and details shall be removed from any brochure or internet website.

12. The Teacher is required to come to school 30 minutes prior to the first scheduled class for preparation. This is not considered teaching time and is unpaid.


V. COMPENSATION AND WORKING CONDITIONS

1. Salary
The Employer will pay the Teacher _____________ Korean won as compensation for all services rendered. Payment for employment will be calculated every month and be made in Korean won. This salary will be paid on the ______day of every month for the past month�s worked. The Teacher�s salary begins upon the first workday after arrival at school. All training days are paid on full salary. Korean income tax and/or National Pension plan and Medical Insurance will be deducted from the Teacher�s salary. The Teacher�s salary determines the actual amount to be deducted as per Korean won.
In the case that the employer is unable to provide the employee with ____ lessons per week worth of in-class teaching time, the employee will still be paid a basic salary of ______________ Won per month.
In the event the teacher wishes to renew the contract for a one year period, he/she will receive an increase in salary. The salary for the new contract will be decided during negotiations.

2. Korean Pension Scheme
The employer shall deduct 4.5% of the employee's monthly salary in the amount of _________ Korean Won throughout the contract period and contribute all deductions to the Korean Pension Scheme.

3. Teaching Hours
The Monthly teaching hours will be ______ hours (1 hour is 50 minutes) and each class will consist of ________ minutes.
The school operates between the hours of _________ and _________, Monday through _________.
The workload is ____ lessons per week within the periods of _____ to _______ on Monday to ___________ .

4. Overtime
If the Employer requires the Teacher to work in excess of _______ hours per month such overtime or extra hours shall be paid for, in addition to the monthly salary, at the rate of __________Korean won per hour during Monday � ___________________. The employee has the right to refuse overtime.

5. Holidays
Korean National Holidays are approx. 15 days/year. These days are paid. The teacher will receive a further ____ days paid vacation and agrees to take these according to the schedule of the school. The Teacher will observe holidays as prescribed in a yearly calendar by Korean law.

6. Monthly Withholding Tax
The employer shall deduct ________ Korean Won from the employees monthly salary throughout the contract period and pay all deductions to the District Tax Office concerned.
Monthly withholding tax will be taken off in accordance to the government website..

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

8.Transportation and Travel expenses
The Employer will provide the Teacher with a one way economy class ticket from the point of hire to Korea. In the event that the Teacher completes the full contract, the Employer will provide the Teacher with another one way economy class ticket from Korea to the point of hire at the time of termination of employment. If the Employer and the Teacher both agree to an extension of employment, the return air ticket will be provided at the time of completion of the subsequent contract period. In the event that the Teacher resides in Korea at the time of hiring, a round trip ticket from Korea to back home will not be offered. All visa expenses (airfare, accommodation and agreed allowance) outside of the actual visa application fee will be paid by the Employer to the Teacher in the case of Japan visa runs.

9. Severance pay
Severance pay, _____ Million Korean Won, will be provided to the Teacher upon completion of a one year contract. This amount shall be added to the salary of the last working month and shall be subject to the relevant deductions.
The teacher shall provide the school with one month�s notice before terminating the contract.

10. Medical Insurance
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, ____________, will be prepaid by 3 month intervals (the contribution payment duty is retroactive to the day the teacher was registered for his residence in Korea) except for the permanent foreign resident. Responsibility to pay said sum of 3 months contribution is upon the employer. The employer will deduct (2.24%) from the teacher's monthly salary and pay it to the National Health Insurance Corporation per month throughout the contract period.

11.Sick Leave
The teacher will be allowed ____ days� paid sick leave during the contract period. Other classes missed will be deducted from the monthly salary.
Unused sick leave will be paid out at the end of the contract at the rate of _____won per day.
A doctor�s invoice with the diagnosis and prognosis is required if the teacher misses two or more consecutive days.

VI. INSTRUCTION FEE DEDUCTIONS

In case of an unapproved absence (days that have exceeded the amount allocated for sickness leave), the amount of _____ Won per hour will be deducted from
the Teacher's instruction fee (a day= ____KRW x ____hrs). A substitute teacher for the
absent teacher will receive the instruction fees, but Employer will not regard the substitute
teaching as overtime.
Any teacher who is late more than _____ times will be given a written warning. Any further tardiness will be cause for dismissal.


VII. DISMISSAL

Employer will have the right to dismiss the Teacher for clear and frequent neglect of duties under this agreement. When appropriate, prior to any such dismissal, the Teacher will be warned of dissatisfaction with performance in writing and will be afforded at least twenty days in which to remedy the same. Criminal or other conduct inside or outside the place of employment that would at the discretion of the Employer seriously jeopardize any student or staff person, or the reputation of the Employer, will cause immediate dismissal and neither warning nor time for remedy will be given.

Advance notice of dismissal

The employer shall give an advance notice to the teacher at least 30 days before dismissal. If such notice is not given 30 days before the dismissal, normal wages for more than thirty days shall be paid to the teacher in the amount of ________ Korean Won.
Teacher Resignation
If the teacher seeks release from the contract before completion, the teacher shall provide 30 days written notice to the employer. All outstanding wages will be paid on the last day worked by the teacher. The employer shall issue a letter of release to the teacher upon request.
The employer also understands that this contract has been signed in good faith and will meet each of the articles mentioned honorably. Should the employer fall breach of this agreement, and if not rectified, the employer is liable to provide a release letter from the contract, pay in full all outstanding wages, all said airfares, return any monetary deposits on accommodations.
In this case, the teacher agrees to remain at the school for 5 working days to allow a replacement teacher to be found.
In the event that Teacher voluntarily resigns prior to the termination of the term of this Contract,
the Teacher shall not receive return airfare to the point of original departure.
the Teacher shall owe the amount of the original airfare to Employer, (if resignation is prior to 6 months after the contract commences.) Once the teacher has been at the school for more than 6 months airfare to Korea will no longer be held liable for the airfare.

VIII. TERMINATION OF CONTRACT

Employer reserves the right to terminate this contract for cause with written notification 30 days in advance and for serious cause without notice.
This right will be taken advantage of when:
1.The Teacher is found to be in breach of contract.
2. Absence from work (non sick days) occurs more than three times in a two month period.
3. The Employer concludes that the Teacher cannot perform class activities, or lacks the qualities necessary to be an effective teacher after all remedies have been tried.
4. The documents submitted to the Employer are proved to be counterfeit.

IX. EMPLOYER PROPERTY

Teacher must return the following items when the contract terminates.
1. All the things that Employer has rented or lent to Teacher.
2. Teaching materials.
3. Reference books owned by Employer.
4. Any other property owned by Employer.


X. GOVERNING LANGUAGE

This agreement has been drawn up and has been executed in the English language and the
English language text of this agreement will govern and prevail over any translation.

XI. MERGER CLAUSE

This agreement constitutes the entire understanding between the parties with respect to the subject matter and supersedes all previous negotiations, commitments and writings with respect. This contract nullifies and voids any previous contract between the two parties.

XII. GOVERNING LAW & JURISDICTION

This agreement will be interpreted according to the domestic laws of Korea. A competent court in Korea will have jurisdiction in regard to any dispute or claim arising out of, or in connection with, this agreement. The Employer and the Teacher have executed this agreement on the date indicated below. Intending to be legally bound and IN WITNESS WHEREOF, Employer and Teacher have appended their signatures.


XIII. PERIOD OF EMPLOYMENT

The period of employment under this contract is from to beginning and ending in the Republic of Korea. In the event of teacher's actual arrival on the job does not take place on the commencement date above, the contract period will start from the actual arrival date.




Employer____________________
Date _______________________




Teacher_____________________
Date _______________________

[flotsam]

Herr Kimchi,

What about the language law? If what I've been told is true, that is a pretty glaring abuse in the contract's language.

Otherwise I think the contract is really shaping up--much clearer than most I've seen.

[Aussiekimchi]

Hey Flotsam,
do you know how hard it is to get a Korean to admit that technically all contracts must be written in Korean and English?
Like blood from a stone mate.
I eventually got my boss (who knows most there is to know about Immigration Law) to admit that both languages need to be used.
I guess he was hesitant as my contract with him is in English only.
Most Koreans do not think ahead, "what if we need to go to court over this one day?"
They just think that everything will be fine I guess.
Anyway, what will happen now, is that some of the gyopos in my office will translate everything word for word. I will cross check with independents that the translation is cool.
Each clause will be in English and in Korean.
Schools will be strongly encouraged to use this contract.
As we speak I have 10 different schools whom are prepared to go over the contract and let me know what they think about it.
I really want this to happen. I am just sick and tired of reading ridiculous contracts, listening to teachers whom have signed horrible ones and schools getting away with negligence.

[flotsam]

I'm feeling you Monsieur K.

I'm just saying if the contract says the English version will prevail and that is untrue in a court of law then it's a pretty institutionalized deception. I know you didn't build the machine, but kinks is kinks and this kink could have serious legal repercussions.

[Vollrath]

hey wow this is exactly what we need!!

two things (but i don't know how to get them stuck in) would be

1) for those of us who are not in need of an E2 visa--my school actually gave me 500,000 won just because it's what they WOULD HAVE paid for a visa run (but don't get any ideas that they're really generous or nothing.. turned out to be a ruse to lure me in mwahaha)

2) for those of us who have independent housing and receive a housing allowance each month rather than actual lodging

i'm sure you can implement something along those lines since more and more peeps seem to be NOT taking the school-offered digs...

[Farnsworth]

It's shaping up to be a fairly decent looking contract. Well done mate for putting this together.

I agree with Flotsam about the governing language issue. That definitely needs to be sorted out.

I only have one suggestion at this point. Add in a clause that reads something like this:

In the event that either the Employer or the Instructor wishes to make any additions or changes to this contract, these changes must be agreed to by both parties.

You may even want to consider adding this radical idea:

At three month intervals throughout the contract, written additions may be made to the contract by either party, provided that both parties sign their agreement to these changes.

I believe doing this will help to encourage positive trust between employers and employees instead of making them take more selfish attitudes towards the contract. It's also more flexible and means there is a potential reward built into the contract system if everyone is working well together (unlikely in many schools I admit )

I really think the key issue is trust. No matter how well you think the contract protects you, if both parties don't trust each other, they will find a way to screw each other over. Besides, who wants to go through the legal hassles of trying to get money should they mess it up?

[Aussiekimchi]

Please observe my avatar...this is me right now.
I am starting to get resistence from some schools about this contract already.
Not for any reason other than..."It is too much work!"
It seems that some of my schools don't think they need to be more professional with their contracts...
the thought of photocopying and attaching certain docs to a contract horrified one boss.
Another, probably because he is so used to having the monopoly on contract bias, now thinks our contract is teacher bias.
Do you ever feel that there are some parts or people in this country that just do not want to improve things?
On the more positive side, I do have the first public school in Seoul using this contract and I am hoping the teacher signs it tomorrow.
I know we can tweak a few more things..but a start is a start.
Thanks ever so much for all of your help.
I think I used nearly every suggestion given. ....except the 100 virgins!

[flotsam]

I can think of, perhaps , one other suggestion you seem to have glossed over...

So what is it--is the English language clause legally binding or not?

9 out of 10 dentists seem to say not.

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Glossary: Dentist; Internet jargon for Lawyer.

[jacl]

[TheUrbanMyth]