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Help with my contract please...

 
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topcat_tara



Joined: 11 Jun 2006
Location: Naju City, Korea

PostPosted: Tue Jun 13, 2006 2:17 am    Post subject: Help with my contract please... Reply with quote

This is my first time teaching overseas so any help here would be much appreciated. Thanking you for you time.

This ENPLOYMENT AGREEMENT has been made this by and between ; a corporation organized and existing (hereinafter called �Employer�) ; and ___________________ whose domicile is at ____________________________(hereinafter referred to as �Employee�).

WITNESS
Each English language instructor recruited and approved by Employer to teach the English language shall be directly employed by Employer under an employment agreement between Employer and each instructor. Employee has been selected and approved by Employer, to teach the English language, therefore, Employer and Employee, in consideration of the mutual promises and covenants contained herein, agrees as follows:

1. EMPLOYMENT OF EMPLOYEE: Employer hereby employs employee to teach the English language in the form and manner and under the terms and conditions set forth here in this agreement. Employee hereby accepts employment from employer to teach the English language in the form and manner and under the terms and conditions set forth here in this agreement.

2. PLACE OF EMPLOYEMENT: Employee will be employed to teach the English language at the address of the principal office stated above (hereinafter referred to as �place of employment�).

3. TERM OF AGREEMENT AND RENEWAL
3.1 The term of this agreement shall include 12 full and consecutive teaching sessions (one session is 4weeks) scheduled vacations and holidays which fall between or during teaching sessions. The total agreement term is one year, commencing from the first day of teaching and finishing on the last teaching day of Employee�s last teaching session.


3.2 Periods of employment of Employee beyond that covered by this agreement must be agreed to by Employee and Employer at least one teaching session before the expiration of the term of this agreement.

4. DUTIES OF EMPLOYEE
4.1 During the term of this agreement, Employee will accept, obey, and comply with the instructions, supervision, training, and discipline of the Employer and will carry out such assignments as the Employer directs. These duties will include, but are not limited to; instruction in any and all phases of the instructional program, administrative duties related to the Employee�s classroom duties, and attendance at scheduled staff meetings and workshops and any additional duties as assigned by the Academic Supervisor.

4.2 During the term of this agreement, the Employee will be required to prepare for, teach, and carry out all required administrative duties connected with classes assigned him/her by the Employer. Payment made for assigned teaching periods does not include compensation for preparation and administrative duties connected with those assigned classes. To meet the basic teaching requirement of this agreement, the number of teaching classes shall be less than or equal to 30 hours per week. (40min.: elementary / 50 min.: regular class). The number of scheduled teaching days does not include Sundays, public holidays, scheduled vacation days, or days covered under allowances for paid sick leave or emergency leave. Usual work days are from Monday to Friday. No regular schedule of teaching periods can be guaranteed to Employee.

4.3 Employee will be paid at the rate of 20,000 won for each class taught in overtime. Overtime shall be paid for every class taught over 30 hours a week and classes taught on Saturday.

4.4 The Employer has the authority to assign Employee some non-teaching hours within the limits of total work hours set forth hereinabove. For instance, when employee�s timetable is set for less than 30 hours per week, the employer may assign extra teaching hours to make full 30 hours, however it won�t be considered as overtime pay.

4.5 At all times during the term of this agreement, Employee 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 Employee or generally for the conduct of instructors at the place of employment.

4.6 Employee will be present at the place of employment and available to perform regular or special duties as specified hereinabove except for those days which are Employee�s regular or assigned holidays, Employee�s paid vacation days, Employee�s paid sick leave days, other days on which the Employee is too ill to attend at the place of employment, or emergency leave days for Employee as provided herein below.

4.7 Employee shall not be permitted to work outside the Institution without prior written permission from Employer. Teaching for pay without the sponsorship of the Institute is illegal in Korea and is contrary to this Employment Agreement; violation of this rule may lead to immediate dismissal.

5. COMPENSATION AND OTHER TREATMENT OF EMPLOYEE

5.1 Salary: Employer will pay Employee as compensation for all services rendered the total aggregate monthly salary of 2.0 million won for each month of the contract period with Employer. �Month� and �monthly� refer to a calendar month. Computation of the initial pay period will commence from the first day of teaching. If the employee begins teaching during the first month, the first paycheck will be calculated based on the working days actually taught up to end of the first month and will be paid on the 10th of the following month. The agreed upon salary in the contract will be applied when the employee teaches one full month. Income taxes will be withheld from employee�s monthly salary (4%). This is employee�s own responsibility to visit Regional Tax office for income tax filing at least 15 days before leaving S. Korea. Monthly salary payments will be made on or before the tenth day of the month following the month during which the employment services were provided.

5.2 Orientation and Training: Shortly after arrival in Korea, employee will be required to undertake orientation and training intended to provide employee with the requisite familiarity with institute operation and policies and to ensure that employee is possessed of adequate knowledge and skill related to duties of employment. Half of the normal teaching rate will be paid from the first orientation day to the last orientation day.

5.3 Holidays and vacations: Employee will receive 7-10days paid holidays and vacation days according to a schedule provided by Employer before the commencement of the year, which the schedule refers. Holidays and vacations can only be taken as scheduled, and can�t be taken all at one time.

5.4 Paid Sick Leave: Employee will have paid sick leave (25 classes). Unused sick leave may not be taken as vacation leave. The employee will be paid at the end of the contract term, at the basic rate, for all unused sick leave. In the event that employee is absent more than two days consecutively, employee must provide a medical certificate in order to be eligible for paid sick leave. In the absence of a medical certificate, payment for the complete period of absence will be withheld.

5.5 Airfare: Employee will be given an economy class ticket from the point of hire for passage on a regularly scheduled airline to Korea. In the event Employee completes the full contract period, Employer will purchase for the Employee an economy class ticket for passage to point of hire, provided at the time of termination of employment. Employee�s ticket back to point of departure is given when Employee leaves employment. In the event that the Employee continues employment under a subsequent employment agreement with Employer, the return air ticket will be provided at the time of completion of the subsequent contract period(s). If Employee were fired from the institute, Employee will not be given a ticket to the point of departure. In no case will cash payments be made in place of providing an air ticket.

5.6 Housing: Employee will be provided furnished living accommodations. Employee can be provided a single studio apartment/furnished 2 bedroom apartment shared by other employees. Each Employee will have a private bedroom, with a bed, a fan, closet or clothes rack, a desk and chair, blanket and pillow and will share a refrigerator, a washing machine, a telephone, a stove, a TV, a kitchen and a bathroom. The cost of monthly services, utilities and telephone bills for the accommodation provided will be the responsibility of the Employees.

5.7 Deposit: 200,000 won per month will be deducted for 3 months ( Total 600,000) to be returned(without interest) at the end of the contract if there are no outstanding bills or damage to apartment. This is required to cover possible default on payments of bills relating to your apartment. The amount is returned in full when you leave employment if you provide a receipt or proof of some kind which guarantees payment of your bills. If the Employee voluntarily resigns prior to the termination of the term of this agreement, the Employer will deduct the airfare already provided.

5.8 Severance Payment: If an employee completes at least one full year of employment, the Employee will be given one more monthly basic salary as a severance pay. Severance tax will be withheld (4%). In the event that the Employee does not renew or extend employment under a subsequent employment agreement with Employer, this payment will be made at the time of completion of the contract period.

5.9 Medical Insurance: Medical insurance premium will be borne half by Employer and half by Employee. Employee will be provided with accidental medical coverage (refer to the attached Insurance Agreement for further information). The annual premium of this insurance is approximately 100,000 won, which will be deducted from first month salary.

5.10 Accident Compensation: In the event that Employee sustains injuries from an accident or mishap during the course of normal work duties, or within the promises of place of employment; Employer agrees to pay all medical and hospital cost which are in excess of those covered by medical insurance. In the event that Employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties; Employee understands and agrees that Employer will have no responsibility for, nor obligation to pay, medical and hospital costs which are in excess of those covered by medical insurance.

5.11 Dress Code: Employee agrees to dress appropriately at all times when teaching or when present on the premises of the place of employment and to follow the advice, directives and policies of employer regarding what constitutes appropriate dress.
For Men: dress slacks, necktie, button-down shirt, suit, appropriate shoes
For Women: skirt and blouse, dress slacks, dress, suit, appropriate shoes
 Inappropriate Dress : T-shirt, blue jeans, shorts, sneakers

6. DISMISSAL OR VOLUNTARY RESIGNATION

6.1 Employer will have the right to dismiss Employee for unwillingness or inability to meet conditions of employment as set out under this agreement, including neglect of duties. Prior to any such dismissal, Employee will be warned of dissatisfaction with performance or conduct and will be afforded an appropriate period in which to remedy the same.

6.2 Employer will have the right to dismiss Employee for conduct seriously jeopardizing any student or staff person, or for criminal activity. In such instances, Employer has the right under this agreement to execute immediate dismissal and no warning nor time for remedy need to be allotted.

6.3 In case if termination of contract before the completion of this one-year service by the Employee (except for unavoidable reasons such as the Employee�s serious illness or accident) the Employee is to return to the institute the cost of the airfare thus incurred. The Employer reserves the right to deduct this amount from any outstanding pay in order to satisfy this penalty. Aside from this penalty, the Employer will be obligated to pay all salary due to date of termination. Allowance from paid sick leave will be calculated at the rate of 1/2 day for each month employed before termination.

7. COVENANTS

7.1 Employee hereby agrees, covenants, and undertakes that he/she will not disclose teaching materials, syllabus details, or any other information relating to the academic program, whether verbally or in written form, to individuals or corporate entities not employed by Employer.

7.2 Employee hereby agrees, covenants, and undertakes that at all times during the term of this agreement or subsequent to the termination of the agreement, the Employee will not use the name of the Employer from business purposes or otherwise, and will not represent or hold himself/herself out as an authorized representative of the Employer.

7.3 Unless otherwise agreed to in writing, the Employee understands and accepts that the rights to use, sale distribution, or publication of all original material produced by the Employee during the course of Employee�s employment, and for which the Employee is compensated as either regular pay, as overtime, or in an agreed-upon lump sum, remain the sole property of Employer.

8. MERGER CLAUSE: This agreement constitutes the entire understanding between the parties hereto with respect to the subject matter hereof, and supersedes all pervious negotiations, commitments, and writings with respect hereto. No modification of this agreement will be binding or have any legal effect unless set forth in a written agreement amending this agreement and signed by both parties hereto. Furthermore, this contract nullifies and voids any pervious contract between the two parties.

9. INDEMNIFICATION CLAUSE: Employee will indemnify, and hold harmless, Employer from any damages that Employee may sustain, in any manner, through the misconduct or negligence of Employee.

10. WAIVER: The failure of either party hereto at any time to enforce the terms, provisions, or conditions of this agreement will not be construed as a waiver of the same of the right of such party to enforce the same.

Employer and Employee have executed this agreement on the date indicated below. Intending to be legally bound hereto, and in witness whereof, Employer and Employee has appended their signatures.



Employer Employee

Date / / Date / /
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Tue Jun 13, 2006 2:52 am    Post subject: Reply with quote

Well it's not as bad as some I've seen but here are some red flags to be wary of.


4-1 to 4-4 are all red flags. They want you to work on Saturdays and if they can't find enough classes they will assign you other duties? Never agree to work Saturdays (you need a couple of days at the end of the week to rest) Laughing and you are a teacher, not a janitor or custodian. It is THEIR responsibility to find you classes.
Also NEVER agree to work 30 hours a week. Go for classes. You could end up teaching 150 classes a month instead of the normal 120. Unless you are quite dedicated you could face burnout in six months.

4-5 is also a red flag. All conditions that you are expected to obey should be outlined in the contract. They can't change it after you start. That's garbage.

You should not be paid on the 10th....5th at latest.

Don't accept half pay for "training". It's not a good sign when they are showing they are that cheap this early.


SINGLE HOUSING ONLY! You do not want to live with SOME of the other people teaching here in Korea, believe me!

No deposits! You are likely as not to never see that money again. And they can't take money from you IF you don't agree to it...that is illegal.

Make sure medical insurance is with the National plan and not obtained on the cheap by a insurance company.

And airfare should not have to be returned after six months.


Personally I'd tell them to get lost and keep on looking. You can do much better.
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topcat_tara



Joined: 11 Jun 2006
Location: Naju City, Korea

PostPosted: Tue Jun 13, 2006 3:04 am    Post subject: Reply with quote

Thankyou for your advice... I am so confused with these contracts and I feel alot of pressure from recruiters to sign the contracts. I really hope I am doing the right thing by going to Korea. I am 21 and I really want to experience what the world has to offer and I decided to kick it off with Korea. Having graduated from Uni and doing a TESOL course this year I am ready to leave home sweet home....
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Qinella



Joined: 25 Feb 2005
Location: the crib

PostPosted: Tue Jun 13, 2006 4:09 am    Post subject: Reply with quote

topcat_tara wrote:
Thankyou for your advice... I am so confused with these contracts and I feel alot of pressure from recruiters to sign the contracts. I really hope I am doing the right thing by going to Korea. I am 21 and I really want to experience what the world has to offer and I decided to kick it off with Korea. Having graduated from Uni and doing a TESOL course this year I am ready to leave home sweet home....


Don't let them pressure you. Keep in mind that it is still a teacher's market. Things to look for in contracts that are red flags:

- Teaching hours not stated specifically and clearly

- Pay less than 2.0 (and I would even say 2.1 or more with your TESOL experience)

- Shared housing

- Any kind of deposit or deduction, which includes airline tickets (THEY buy the ticket--no shady deals pending contract completion)

- Ambiguous wording of teaching duties

- No mention of pension or insurance

Those are some of the bigger items. Personally, I have a laundry list of questions I asked before signing my current contract. I typed it in another thread, and here I'll replicate it for you:

1. What exactly am I expected to do in class?
a. Will I be expected to prepare written lesson plans for each class?
b. Will I be giving tests, and marking them?
c. Will I be teaching all aspects (grammar, spelling, etc.) or will my concentration be on a specific niche, i.e. listening and speaking?

2. What is the min and max range of class size, and what is the average?

3. How respectful are the children, in general, toward the current foreign staff?
a. Will the director back me up in the instance of a problem?

4. Has the director ever expelled a student for any reason?

5. Will I be expected to do phone teaching, student evaluations, or anything else aside from teaching?

6. Is there a no-Korean (speech) policy? If so, how strictly is it enforced?

7. Are students sorted by ability, or simply placed by age? Is there a formal placement test?

Regarding your apartment:

1. How far of a walk is it from work?

2. How far of a walk is it from the nearest subway station?

3. How many roaches, spiders, or other unpleasant critters has the current tenant seen, total?

4. Are there plenty of restaurants, stores, and other daily necessities within walking distance?
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Grotto



Joined: 21 Mar 2004

PostPosted: Tue Jun 13, 2006 6:33 am    Post subject: Reply with quote

TUM and Quinella have it right!

This ENPLOYMENT AGREEMENT has been made this by and between ; a corporation organized and existing (hereinafter called “Employer”) ; and ___________________ whose domicile is at ____________________________(hereinafter referred to as “Employee”).

You want the full name and address of the school in there.

WITNESS
Each English language instructor recruited and approved by Employer to teach the English language shall be directly employed by Employer under an employment agreement between Employer and each instructor. Employee has been selected and approved by Employer, to teach the English language, therefore, Employer and Employee, in consideration of the mutual promises and covenants contained herein, agrees as follows:

1. EMPLOYMENT OF EMPLOYEE: Employer hereby employs employee to teach the English language in the form and manner and under the terms and conditions set forth here in this agreement. Employee hereby accepts employment from employer to teach the English language in the form and manner and under the terms and conditions set forth here in this agreement.

2. PLACE OF EMPLOYEMENT: Employee will be employed to teach the English language at the address of the principal office stated above (hereinafter referred to as “place of employment”).

3. TERM OF AGREEMENT AND RENEWAL
3.1 The term of this agreement shall include 12 full and consecutive teaching sessions (one session is 4weeks) scheduled vacations and holidays which fall between or during teaching sessions. The total agreement term is one year, commencing from the first day of teaching and finishing on the last teaching day of Employee’s last teaching session.

again this teaching session bullcrap! If you come in partway into a session then it doesnt count towards your time here....the contract should read 12 months/1 year/365 days! Its up to them to get you there at the beginning of a new teaching session!


3.2 Periods of employment of Employee beyond that covered by this agreement must be agreed to by Employee and Employer at least one teaching session before the expiration of the term of this agreement.

4. DUTIES OF EMPLOYEE
4.1 During the term of this agreement, Employee will accept, obey, and comply with the instructions, supervision, training, and discipline of the Employer and will carry out such assignments as the Employer directs. These duties will include, but are not limited to; instruction in any and all phases of the instructional program, administrative duties related to the Employee’s classroom duties, and attendance at scheduled staff meetings and workshops and any additional duties as assigned by the Academic Supervisor.

No thanks! If they cant list it in the contract right now its not worth discussing at a later date!

4.2 During the term of this agreement, the Employee will be required to prepare for, teach, and carry out all required administrative duties connected with classes assigned him/her by the Employer.

I would be wanting to know what required administrative duties are expected!

Payment made for assigned teaching periods does not include compensation for preparation and administrative duties connected with those assigned classes. To meet the basic teaching requirement of this agreement, the number of teaching classes shall be less than or equal to 30 hours per week. (40min.: elementary / 50 min.: regular class). The number of scheduled teaching days does not include Sundays, public holidays, scheduled vacation days, or days covered under allowances for paid sick leave or emergency leave. Usual work days are from Monday to Friday. No regular schedule of teaching periods can be guaranteed to Employee.

Razz you want to know how many classes per week! You also want to have a gauranteed schedule! Labour laws state work hours are to be clearly stated....this is far from clear!


4.3 Employee will be paid at the rate of 20,000 won for each class taught in overtime. Overtime shall be paid for every class taught over 30 hours a week and classes taught on Saturday.

No way Jose! Saturday classes Razz You also want the definition of a teaching hour listed as 50 minutes!

4.4 The Employer has the authority to assign Employee some non-teaching hours within the limits of total work hours set forth hereinabove. For instance, when employee’s timetable is set for less than 30 hours per week, the employer may assign extra teaching hours to make full 30 hours, however it won’t be considered as overtime pay.

no thanks again! Its up to them to schedule your classes within a timeframe from Mon-Fri! crappy contract so far!

4.5 At all times during the term of this agreement, Employee 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 Employee or generally for the conduct of instructors at the place of employment.

No thanks yet again...you cant make stuff up at a later date and force it on employees!(specifically contractual employees)

4.6 Employee will be present at the place of employment and available to perform regular or special duties as specified hereinabove except for those days which are Employee’s regular or assigned holidays, Employee’s paid vacation days, Employee’s paid sick leave days, other days on which the Employee is too ill to attend at the place of employment, or emergency leave days for Employee as provided herein below.

And therein lies the rub! You only get paid for teaching....but they can and will assign you extra work that you wont be paid for because its not teaching....its just more of your time!

4.7 Employee shall not be permitted to work outside the Institution without prior written permission from Employer. Teaching for pay without the sponsorship of the Institute is illegal in Korea and is contrary to this Employment Agreement; violation of this rule may lead to immediate dismissal.

5. COMPENSATION AND OTHER TREATMENT OF EMPLOYEE

5.1 Salary: Employer will pay Employee as compensation for all services rendered the total aggregate monthly salary of 2.0 million won for each month of the contract period with Employer. “Month” and “monthly” refer to a calendar month. Computation of the initial pay period will commence from the first day of teaching. If the employee begins teaching during the first month, the first paycheck will be calculated based on the working days actually taught up to end of the first month and will be paid on the 10th of the following month. The agreed upon salary in the contract will be applied when the employee teaches one full month. Income taxes will be withheld from employee’s monthly salary (4%). This is employee’s own responsibility to visit Regional Tax office for income tax filing at least 15 days before leaving S. Korea. Monthly salary payments will be made on or before the tenth day of the month following the month during which the employment services were provided.

Dont accept pay any later than the 5'th and taxes on 2 mil are NOT 4% they are closer to 1.6%!


5.2 Orientation and Training: Shortly after arrival in Korea, employee will be required to undertake orientation and training intended to provide employee with the requisite familiarity with institute operation and policies and to ensure that employee is possessed of adequate knowledge and skill related to duties of employment. Half of the normal teaching rate will be paid from the first orientation day to the last orientation day.

No thanks! If I am working I expect to be paid....it doesnt matter what I am doing....orientation, administrative, staff meetings etc....its work!

5.3 Holidays and vacations: Employee will receive 7-10days paid holidays and vacation days according to a schedule provided by Employer before the commencement of the year, which the schedule refers. Holidays and vacations can only be taken as scheduled, and can’t be taken all at one time.

Which is it? 7 or 10? OR Twisted Evil is it seven 10 day periods? Laughing That would be nice 70 days off!


5.4 Paid Sick Leave: Employee will have paid sick leave (25 classes). Unused sick leave may not be taken as vacation leave. The employee will be paid at the end of the contract term, at the basic rate, for all unused sick leave. In the event that employee is absent more than two days consecutively, employee must provide a medical certificate in order to be eligible for paid sick leave. In the absence of a medical certificate, payment for the complete period of absence will be withheld.

You really want a $ figure in here! How much per class?
5.5 Airfare: Employee will be given an economy class ticket from the point of hire for passage on a regularly scheduled airline to Korea. In the event Employee completes the full contract period, Employer will purchase for the Employee an economy class ticket for passage to point of hire, provided at the time of termination of employment. Employee’s ticket back to point of departure is given when Employee leaves employment. In the event that the Employee continues employment under a subsequent employment agreement with Employer, the return air ticket will be provided at the time of completion of the subsequent contract period(s). If Employee were fired from the institute, Employee will not be given a ticket to the point of departure. In no case will cash payments be made in place of providing an air ticket.

Razz if you stay with these bozos for more than a year they should pay you a cash equivalent of a round trip ticket home!


5.6 Housing: Employee will be provided furnished living accommodations. Employee can be provided a single studio apartment/furnished 2 bedroom apartment shared by other employees. Each Employee will have a private bedroom, with a bed, a fan, closet or clothes rack, a desk and chair, blanket and pillow and will share a refrigerator, a washing machine, a telephone, a stove, a TV, a kitchen and a bathroom. The cost of monthly services, utilities and telephone bills for the accommodation provided will be the responsibility of the Employees.

Just say no to shared accomodations! AND DEMAND AIR CON!

5.7 Deposit: 200,000 won per month will be deducted for 3 months ( Total 600,000) to be returned(without interest) at the end of the contract if there are no outstanding bills or damage to apartment. This is required to cover possible default on payments of bills relating to your apartment. The amount is returned in full when you leave employment if you provide a receipt or proof of some kind which guarantees payment of your bills. If the Employee voluntarily resigns prior to the termination of the term of this agreement, the Employer will deduct the airfare already provided.

shouldnt that be in the airfare clause? secondly just say no to deposits! they cant take the money from you if you dont let them!

5.8 Severance Payment: If an employee completes at least one full year of employment, the Employee will be given one more monthly basic salary as a severance pay. Severance tax will be withheld (4%). In the event that the Employee does not renew or extend employment under a subsequent employment agreement with Employer, this payment will be made at the time of completion of the contract period.

its still not 4%! more like 2%

5.9 Medical Insurance: Medical insurance premium will be borne half by Employer and half by Employee. Employee will be provided with accidental medical coverage (refer to the attached Insurance Agreement for further information). The annual premium of this insurance is approximately 100,000 won, which will be deducted from first month salary.

No! its 2.24% per month for NHIC required by law!

5.10 Accident Compensation: In the event that Employee sustains injuries from an accident or mishap during the course of normal work duties, or within the promises of place of employment; Employer agrees to pay all medical and hospital cost which are in excess of those covered by medical insurance. In the event that Employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties; Employee understands and agrees that Employer will have no responsibility for, nor obligation to pay, medical and hospital costs which are in excess of those covered by medical insurance.

5.11 Dress Code: Employee agrees to dress appropriately at all times when teaching or when present on the premises of the place of employment and to follow the advice, directives and policies of employer regarding what constitutes appropriate dress.
For Men: dress slacks, necktie, button-down shirt, suit, appropriate shoes
For Women: skirt and blouse, dress slacks, dress, suit, appropriate shoes
 Inappropriate Dress : T-shirt, blue jeans, shorts, sneakers

Twisted Evil suit and tie for a hoggie Rolling Eyes


6. DISMISSAL OR VOLUNTARY RESIGNATION

6.1 Employer will have the right to dismiss Employee for unwillingness or inability to meet conditions of employment as set out under this agreement, including neglect of duties. Prior to any such dismissal, Employee will be warned of dissatisfaction with performance or conduct and will be afforded an appropriate period in which to remedy the same.

6.2 Employer will have the right to dismiss Employee for conduct seriously jeopardizing any student or staff person, or for criminal activity. In such instances, Employer has the right under this agreement to execute immediate dismissal and no warning nor time for remedy need to be allotted.

6.3 In case if termination of contract before the completion of this one-year service by the Employee (except for unavoidable reasons such as the Employee’s serious illness or accident) the Employee is to return to the institute the cost of the airfare thus incurred. The Employer reserves the right to deduct this amount from any outstanding pay in order to satisfy this penalty. Aside from this penalty, the Employer will be obligated to pay all salary due to date of termination. Allowance from paid sick leave will be calculated at the rate of 1/2 day for each month employed before termination.

geez no mention of notice of dismissal (30 days)

7. COVENANTS

7.1 Employee hereby agrees, covenants, and undertakes that he/she will not disclose teaching materials, syllabus details, or any other information relating to the academic program, whether verbally or in written form, to individuals or corporate entities not employed by Employer.

Because we all know that the rest of the world is dying to find out the methodologies of the English hogwan Rolling Eyes

7.2 Employee hereby agrees, covenants, and undertakes that at all times during the term of this agreement or subsequent to the termination of the agreement, the Employee will not use the name of the Employer from business purposes or otherwise, and will not represent or hold himself/herself out as an authorized representative of the Employer.

Gods forbid that people find out you work for these guys Rolling Eyes Laughing

7.3 Unless otherwise agreed to in writing, the Employee understands and accepts that the rights to use, sale distribution, or publication of all original material produced by the Employee during the course of Employee’s employment, and for which the Employee is compensated as either regular pay, as overtime, or in an agreed-upon lump sum, remain the sole property of Employer.

8. MERGER CLAUSE: This agreement constitutes the entire understanding between the parties hereto with respect to the subject matter hereof, and supersedes all pervious negotiations, commitments, and writings with respect hereto. No modification of this agreement will be binding or have any legal effect unless set forth in a written agreement amending this agreement and signed by both parties hereto. Furthermore, this contract nullifies and voids any pervious contract between the two parties.

Rolling Eyes Laughing Rolling Eyes what the hell is pervious?


9. INDEMNIFICATION CLAUSE: Employee will indemnify, and hold harmless, Employer from any damages that Employee may sustain, in any manner, through the misconduct or negligence of Employee.

10. WAIVER: The failure of either party hereto at any time to enforce the terms, provisions, or conditions of this agreement will not be construed as a waiver of the same of the right of such party to enforce the same.

Employer and Employee have executed this agreement on the date indicated below. Intending to be legally bound hereto, and in witness whereof, Employer and Employee has appended their signatures.



walk on by!
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